Terms

1. Definitions Used
In these terms and conditions the following word or words shall have the following meanings:

1.1 ‘Contract’ means each contract for the sale of goods and/or the supply of services.

1.2 ‘Customer’ means the individual, company or organisation named who orders the goods, products and/or services specified on the terms. 

1.3 ‘Supplier’ means FreshTwist Ltd t/a FanWorks.

2. Application of Terms

2.1 These conditions are the only conditions upon which the Supplier is prepared to deal with the Customer and they shall govern the Contract to the entire exclusion of all other terms.

2.2 Each order for goods and/or services by the Customer from the Supplier shall be deemed to be an offer by the Customer to buy goods and/or services subject to these conditions and any acceptance of an Order by the Supplier shall be deemed to constitute an agreement to comply with these conditions.

2.3 No variation to an Order or these conditions shall be binding unless agreed in writing by an authorised representative of the Supplier.

3. Prices and Quotes

3.1 All quotations remain valid for 30 days only, unless otherwise specified. The price is that contained in any quotation or price list based on conditions ruling at the date thereof. 

3.2 All prices shall be as per quoted current at the date of dispatch. 

3.3 All prices are exclusive of fees, postage, carriage and packing, unless otherwise stated.

3.4 All artwork including reductions, enlargements and touching up will be chargeable, unless otherwise stated.

3.5 We reserve the right to charge for samples. Prices will be quoted in advance and agreed.

5. Product Specification
5.1 We reserve the right to alter design, material and product specification of any product without notice. 

6. Printing

6.1 All artwork must be supplied on the correct template (which we provide) with fonts outlined, images embedded and in printable quality, also in the correct format, usually HIGH-RESOLUTION PDF unless otherwise specified.

6.2 If we are producing artwork for you, please supply all assets (logos, images etc) in either a high-resolution raster (bitmap) or vector format.

6.3 The majority of our printing is done in CMYK, any RGB or Pantone colours will be converted to the nearest CMYK unless we are printing in spot colours. Please provide a CMYK reference if possible. If Pantones are specified, we will check to ensure a visible match.

6.4 We can amend artwork within reason, any extensive amendments might incur a studio charge.

6.5 All artwork must be signed off by the client before an order is processed, we do not accept any responsibility for errors in signed off artwork, no matter how obvious the error is, the final approval and sign off is the responsibility of the client.

6.6 Delivery scheduled is dependent on final artwork approval, any delay will affect delivery times.

6.7 All photoshop mockups and visual demos (if provided) are for illustration purposes only, these are designed to give the client an idea of what the final product may look like, however, there may be slight differences in colour, size or placement of artwork on the final product.

6.8 If we make artwork amendment recommendations to ensure a higher quality print and the client chooses to ignore these recommendations, then we take no responsibility for the final outcome.

6.9 We reserve the right to refuse services if artwork or assets to create artwork cannot be supplied to specification.

7. Payment Terms

7.1 Payment must be made in full before the despatch of goods will take place, unless otherwise agreed. The terms are payment in full to be made within thirty (30) days from the date of invoice.  Without prejudice to any other rights it may have the Supplier is entitled to charge interest before or after judgement at 3.5% per annum above the current bank base rate, on overdue payment of any invoice amount or any part thereof.

7.2 When a customer requires logo printing or branding of any products, then 50% of the contract value must be paid including VAT when the order is placed. The balance is then payable on the completion of the goods and before delivery to the customer, unless otherwise agreed.. The Supplier reserves the right to charge for storage should the customer fail to make payments as requested.

7.3 The Supplier reserves the right to postpone or cancel a contract at any time until payment has been received in the event that the company has any reason to doubt the customer's ability or willingness to pay by the due date of the customers credit rating with any other party. The customer will be charged for any costs incurred to date.

8. Title of Goods

8.1 Immediately upon delivery to the customer of any goods agreed to be sold to the customer the customer shall become the bailee thereof and the legal title to the goods shall not pass to the customer unless and until the customer shall have discharged all its indebtedness in respect of goods. Until all indebtedness is discharged the Supplier has the right to repossess the goods and reserves license to enter the customer’s (or subsequent buyers) premises for that purpose and the customer shall be deemed to have granted such license.

8.2 Notwithstanding the terms of the above, the customer shall be entitled before discharging its obligations to the Supplier to resell the goods or any of them. Upon such re-sale and without derogating from the Supplier’s other remedies (including its right to trace) the customer shall hold the proceeds of the sale in a separate account upon trust for the Supplier until such time as all the customer’s indebtedness to the Supplier under any contract of sale entered into between them or otherwise shall be discharged. For the avoidance of doubt the customer hereby acknowledges his fiduciary duty to the Supplier in respect of his obligation to account to the Supplier for all the part of the proceeds of sale. Similarly the benefit of any insurance proceeds should the goods become damaged prior to re-sale shall be held on trust for the Supplier until such time as all the customer’s indebtedness to the Supplier has been discharged.

9. Delivery 

9.1 The risk in the goods delivered by the Supplier to the Customer shall pass to the Customer on delivery.

9.2 Whilst we will do our best to produce the goods on time, we cannot guarantee a delivery date as transport and courier companies can be subject to delays.

9.3 Delay in approval of artwork will result in a delay in production and delivery.

9.4 We will do our best to meet delivery dates, however orders only accepted based on non-binding delivery dates

9.5 Whilst we will always endeavour to produce within promised lead times delivery dates are non-binding. When goods leave our factory they are in the hands of our ‘Freight Forwarders’, Couriers and UK pallet distribution network. Whilst delivery is normally on schedule there are occasions where we experience delays.

9.6 Claims for short delivery where the goods do not conform to the delivery note must be made in writing within 72 hours of receipt of the goods. Claims for the defective or damaged goods must be made in writing within 5 days of receipt by the customer. The Company will not be liable for any damage if the Customer fails to report the damaged goods within this time frame.

9.7 The Supplier is not responsible for any customs tax or import duty on parcels entering borders/countries outside of the United Kingdom. Any such additional charges for customs clearance must be borne by the Customer.

9.8 Lead times on personalised goods will be deemed to commence at the date and time that the Company receives in writing, "signed off" approval of the artwork supplied.

10. Return of Goods

10.1 The Supplier cannot accept returns or issue refunds on printed or personalised fans or merchandise. If there is a fault or damage, please contact us within 5 days.

11. Product Descriptions
11.1 Product descriptions are correct at the time of printing. However, these may change without notice after publication and any subsequent change is regretted in advance.

12. General

12.1 The Supplier shall not be liable for any failure to perform its obligations when such failure is due to any cause beyond its reasonable control.

12.2 The Supplier shall not be liable for delay or failure to deliver products promptly if such failure arises due to force majeure or by reason of any delays occasioned by strikes, riots, lockouts or other labour trouble, war, fire,accident, mechanical failure, non-availability to the Supplier of manufactured stock, parts, or materials; delay or failure of delivery of the products to the supplier by manufacturers suppliers or other persons; government action, legislation or regulation of any kind; Acts of God, or any circumstances whatsoever outside our reasonable control.

13.Cancellation

13.1 The customer shall be liable for any non recoverable cost incurred by the Supplier should the customer cancel any order it has placed with the Supplier. All cancellations must be confirmed in writing.

14. Customer supplied items

14.1 The customer shall be liable for all artwork, specifications and instructions issued to the company with orders. The customer will indemnify and keep indemnified the company against all loss directly or indirectly arising out of error in or omission from such artwork, specifications and instructions, and against all claims, demands and expenses whatsover in respect of any infringement or potential infringement of any patents, copyrights, registered designs or third party rights and interests arising out of the company's use of said material.

15. Force Majeure

15.1 The Supplier shall not be liable to the Customer whatsoever in the event that the Supplier is unable to carry out any provision of the contract for any reason or cause beyond the Supplier's control.

15.2 The Supplier reserves the right to defer the date of the delivery of goods and/or services or to cancel the Contract if it is prevented or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, war, national emergency, or probative governmental regulations.

15.3 The Supplier shall notify the Customer as soon as reasonably practicable after circumstances preventing performance arise. During the continuance of such a contingency the company may, within is absolute discretion withhold, reduce or suspend performance of its contractual obligations without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by any such withholding, reduction or suspension.

The Supplier shall not be liable for: (i) loss of profits; (ii) loss of business; or (iii) depletion of goodwill/or similar losses; or (iv) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses as a result order delays. 

15.4 The Supplier reserves the right to defer the date of the delivery of goods and/or services or to cancel the Contract if it is prevented or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, war, national emergency, or probative governmental regulations.

16. General

16.1 The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.