For the placing and fulfillment of orders and access to and use of the website
These Terms and Conditions cover all transactions, including access to and use of the website, between Scan Magazine Ltd (the Supplier) and the Customer and entering the website and/or the placing of an order constitute acceptance of these Terms and Conditions.
1. PAYMENT AND DELIVERY
1.1 Delivery will be made within 7 days after payment has been received in full. Exceptions to this term must be agreed in writing either at the time of placing the order, or thereafter in negotiation, and may be subject to the payment of a deposit.
1.2 Delivery of a yearly subscription to Scan Magazine is in the second week of each month, 11 times a year. Scan Magazine is not published in January.
1.3 All products and services unpaid for 30 days after receipt of invoice will also accrue interest on the material and labour costs at a rate that the Supplier will deem reasonable given his initial outlay.
1.4 Returns. If for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item.
2.1 Prices are based on current costs of production. Should these costs have increased at the time of placing an order and prior to the price increases being posted on the website, the increased price will be charged and the Supplier will notify this increase to the Customer at the time of inquiry.
2.2 All prices agreed at the time of order are firm, save only for the exception noted below at 2.3.
2.3 Orders are placed and accepted subject to adjustment in taxes and duties as required by changes in the law or Government regulations.
2.4 Every endeavour will be made to avoid unnecessary increases in price after the placing of the order, but the Supplier cannot be held responsible for any and all such increases as noticed under 2.3 above, and the Customer hereby agrees to indemnify the Supplier against any loss incurred by the Customer's cancellation of the order subsequent to such increases. That is, the Supplier will hold the Customer bound to pay for goods in production, should the Customer terminate the contract (and see below at 9).
2.5 VAT: where applicable all prices quoted are subject to VAT at the current rate.
3. DELIVERY TIMES
3.1. Every effort will be made to meet delivery times, but any deadline specified is an estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the current rates.
3.2. Special terms for urgent deliveries can usually be arranged, which will incur additional charges subject to negotiation.
4.1. The risk in the goods will pass to the Customer on delivery.
4.2 All goods remain the property of the Suppler until payment is received in full.
5. LIMITED WARRANTY
Whilst every endeavour will be made to ensure that information about products and services posted on the website is correct at all times, the Suppler reserves the right to alter any details of the products and services advertised; the Supplier does not warrant the completeness and accuracy of the material contained on the website, nor is the Supplier committed to making the website available at all times nor that the material contained on the website is current. No responsibility will be accepted for error or inaccurate description and any resulting loss.
The Customer hereby indemnifies the Supplier and undertakes to keep the Supplier indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) arising from any misuse of the information on the website, or from any breach of these terms and conditions.
7. COMPLAINTS AND CLAIMS
7.1. Complaints must be made within 48 hours of receiving the goods. Any complaints made after this period are void of any right to redress whether a refund or reprinting.
7.2 Claims arising from damages, delay or whole or partial loss in transit must be made in writing, after having made the complaint at 7.1, so as to reach the Supplier within 5 working days of delivery.
7.2. All claims with regard to the quality or quantity of the goods must be made in writing so as to reach the Supplier within 5 working days of receipt of goods or such goods will be deemed to comply as to quality and quantity within the terms of the contract.
7.3. All goods must be examined at the time of delivery. The Supplier will not be held liable for any loss arising from damage caused to the goods in transit unless such loss or damage is noted on the receipt of delivery form at the time of delivery.
7.4. Claims in respect of non-delivery must be made in writing so as to reach the Supplier within 5 working days of receiving the receipt for payment of invoice.
8.1. Save in so far as defects in the goods cause death, injury or damage to personal property, the Supplier’s liability for any loss or damage suffered by the Customer in respect of the goods will be limited to the contract value of the goods.
8.2. The Supplier can accept no responsibility for loss or damage arising from the supply of goods under this contract unless the Customer has fully complied with the claims procedure set out in clause 7.
8.3. Nothing in these terms and conditions will affect the lawful rights of a consumer.
9. CANCELLATION CHARGES
9.1 A 5% charge of the total value of the original order will be made on all orders cancelled prior to the start of production, plus a £10.00 charge to cover administration costs.
9.2 Any costs incurred for work already begun at the date of written cancellation will also be charged for (and before any refunds are made, should a deposit have been paid).
10. CHANGES TO QUANTITY
Any changes to the quantity ordered must be made in writing to the Supplier prior to the start of production. Any increases in the order must be regarded as a separate contract unless written notification is received prior to commencement of production of the original order.
11. ARTWORK AND PRINTING: COPYRIGHT
11.1 All designs originated by the Supplier, e.g. corporate logos, company slogans, letterhead design, brochure layout etc., remain the property of the Supplier unless expressly agreed to, and paid for, by prior written agreement.
11.2 Copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives and any other craftsmanship made by or for the Supplier pursuant to or in implementation of any contract with the customer will belong to the Supplier. The Supplier agrees that unless the Customer is in default of any obligation to make any payment or to fulfill any other obligation to the Supplier, or being in breach of these Terms and Conditions, the Supplier will not reproduce any such items for any competitor of the Customer.
11.3 It is understood that solely for the purposes of advertisement and display, the Supplier may, without prior consultation of the Customer, use any artwork or finished design for the purpose of showing samples to prospective customers. Such samples may be posted from time to time on the website.
11.4 The purpose of the excusive copyright in all designs etc. originated by the Supplier remaining the property of the Supplier is to avoid any dispute over alleged similarities in any such designs as may be varied which may bear a passing resemblance to the design already supplied. Notwithstanding this, should the copyright in any design be bought outright by the Customer, the latter will not hold the Supplier in breach of the said copyright on the grounds of such passing resemblance in any future design originated by the Supplier.
11.5 The above clauses apply equally to all material posted on the website.
12.1 If the Supplier does not receive printing approval after 14 days, or such period as will have been agreed at the time of placing the order, a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
16. FORCE MAJEURE
The Supplier will not be held responsible for failure or delay in the carrying out of his obligations under the contract should such failure or delay arise from any cause beyond his reasonable control, such as fire, flood, burglary or theft, or by his inability to procure materials or articles (except at higher prices, or at all) for any reason whatsoever; and in such circumstances the Supplier will be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever.
17. APPLICABLE LAW AND JURISDICTION
Any dispute incapable of amicable resolution will be subject to the jurisdiction of the courts or tribunals of England and Wales, and will be governed and construed according to English law.