terms and conditions of business
This version was last updated on Friday 10th February 2023.
1 These terms
1.1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 We are Kimberley Jane Dicks trading as KJDesigns, a sole trader established in England and Wales. Our address is 110 Le Marechal Avenue, Bursledon, Southampton, Hampshire SO31 8LX.
2.2 You can contact us by telephoning 07943075151 or by writing to us at kim@kj-designs.co.uk
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. The contract between us
3.1 Our acceptance of your order, whether these are goods, services or digital content, will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 For avoidance of doubt, any verbal or email instructions from the client will constitute an acceptance of these terms and conditions. Any variation from us will be confirmed in writing.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a project deadline you have specified.
3.4 We will assign a quotation number to your order and tell you what it is when we accept your order. It will help us if you can tell us the quotation number whenever you contact us about your order.
3.5 Our website is solely for the promotion of our products in the UK. Unfortunately, we may not accept orders from addresses outside the UK.
3.6 Prior to project commencement, we will require all relevant information regarding your project. It is the client’s responsibility to provide this information correctly, accurately and promptly.
4. Our products and additional work
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 If we are designing the product to specific measurements you have given us you are responsible for ensuring that these measurements are correct.
4.3 During a project it may become necessary for additional work to be undertaken outside the parameters of the original project brief. Where this is the case, we will confirm in writing and it is subject to:
4.3.1 Wholescale redesign is not included as an amendment or revision to the project and will always result in additional work and costs.
4.3.2 The project will be marked as finalised once it has been sent to the client for approval and sign off. From this point, any modification or amendment to the design will always result in additional work and costs.
5. Prices
5.1 Quotations are valid for 30 days.
5.2 Costings for projects are available on enquiry. We are not registered for VAT. The price for project and goods is set out on our quotation.
5.3 For avoidance of doubt, whilst we make every effort for quotations to be as accurate as possible, additional costs may arise and we will notify you as soon as we become aware.
6. Payment Terms
6.1 The deposit for a project must be paid before any work is carried out. The cost of the deposit is detailed on your quotation.
6.2 Payment terms are detailed on our invoices and must be paid in full within the timescale specified.
6.3 The cost for any printed work needs to be paid in full upfront.
6.4 It is the responsibility of the client to check in full the layout, colour, spelling and grammar. Any designs that go to print and errors subsequently found, the client is liable for any reprinting costs in full. KJDesigns holds no responsibility and will not be liable.
6.5 If a reprint is required this may constitute as additional work (see clause 4.3).
7 Delivery of products and services
7.1 The costs of delivery will be confirmed on your quotation.
7.2 For physical goods:
7.2.1 We will deliver them to you as soon as reasonably possible. We will contact you with an estimated delivery date.
7.2.2 Please examine the goods from us immediately when you receive them. Any defects or issues need to be raised with us within 7 days of receipt.
7.2.3 Personalised orders cannot be returned or refunded under any circumstances.
7.3 For ongoing services or subscriptions, including digital content:
7.3.1 We will begin the services on the date agreed with you during the order process.
7.3.2 We will supply the services, goods or digital content to you until either the services are completed, or the subscription expires (if applicable), or you end the contract (as described in clause 8 or we end the contract by written notice to you as described in clause 9).
7.4 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9 will apply.
7.6 We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.7 We may have to suspend the supply of a product to:
7.7.1 Deal with technical problems or make minor technical changes;
7.7.2 Update the product to reflect changes in relevant laws and regulatory requirements;
7.7.3 Make changes to the product as requested by you or notified by us to you.
7.8 If you do not pay us for the products when you are supposed to (see clause 9) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts.
7.9 If any defect is found, then we shall:
7.9.1 repair or replace the Goods, or
7.9.2 refund the full cost you have paid including the cost of returning the Goods.
7.10 Our Goods are hand-made and are therefore unique products. Part of the character and nature of such Goods is that they are subject to colour and shade variations. Therefore, defect shall not include:
Colour variations.
Natural variations.
Errors not identified by you, or any changes requested, at the time or after the Brief has been approved – (see Clause 6.4 above).
Please note that the colour on your screen may differ from printed colour as each screen is ‘calibrated’ differently and this is particularly noticeable on mobile devices. Please bear in mind that printers also vary and therefore the colours may differ slightly. However, please be assured that your final stationery will be printed on the highest quality professional printers.
If ordering a combination of foil printing and digitally printed items, please be aware that it may not be possible to exactly match the colours due to the variation in each print technique. If Pantone colour targets have been specified this is simply a visual guide and it is not possible to accurately match Pantone colours using a digital CMYK print process.
8 Cancellation Rights
8.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 8.5)
8.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
8.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
8.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
8.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
9. Our rights to end the contract
9.1 We may end the contract for a product at any time by writing to you if:
9.1.1 You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
9.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
9.1.3 You do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
9.1.4 You do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 If we end the contract in the situations set out in clause 9.3, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 2 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. Liability
10.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
10.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
10.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11 Copyright
11.1 By ordering and using the services of KJDesigns, the client agrees that all concept, design and artwork created, are the sole intellectual property of KJDesigns until payment for the project has been made in full. Therefore, any artwork cannot be released to the Client unless the project has been paid for in full upon completion. Once the project has been paid in full, all relevant files will be sent to the Client by KJDesigns, meaning the ownership rights of all artwork transfers across to the client to use as they see fit.
12 Privacy
12.1 KJDesigns may wish to use some printed materials as part of its portfolio for marketing purposes, although any personal data will not be stored and used for this purpose. KJDesigns understands that some materials (personalised stationery designs/items for example) may contain personal information and any such detail will be redacted from any marketing material and only used with the express permission of the Client.
12.2 The Company adheres to all national and EU data protection in accordance with the prevailing General Data Protection principles, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
12.3 It is The Company's policy to respect the privacy of its users. All information can be read in our Privacy Policy.
13 Other important terms
13.1 Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms including the price.
13.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 These terms are governed by English Law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.