The Menu Design Company – Terms & Conditions
You are judged to have read and understood these conditions. It is a condition of placing an order that you are bound by these terms. The company, trading as The Menu Design Company (hereafter referred to as “the Company” or “the Seller”) will not be bound by any conditions imposed by the customer (hereafter referred to as the “buyer” or “customer”), unless agreed in writing and signed by all company owners & partners.
No order will go to print until payment has been made in full.
Design service will not be undertaken until payment has been received in full.
Payment can be made via PayPal, online using debit or credit card or by cash/postal order via post. E-Cheques will not be accepted. Cheques are accepted but orders cannot be confirmed or turnaround times begin until payment has cleared.
All proofs for printing only orders must be requested in writing within 1 hour of ordering if required. If proofs are not requested within 1 hour, customer’s artwork will go to print if deemed satisfactory by our print team.
No order requiring design work will go to print until an email confirmation of approval from the customer has been received.
If proofs are not requested or the company is asked to go straight to print, we will go to print when the design has been completed or submitted.
The seller cannot be held responsible for printing or designing with incorrect files or files containing incorrect information if proofs are not requested. Files that are submitted containing mistakes by the customer will never be accepted as the company’s liability before or after printing.
PRELIMINARY & ONGOING DESIGN WORK.
All preliminary work undertaken whether experimentally or otherwise will be charged under the outlined flat-fee rates listed on our web site. After a first proof approval of design work produced by the company for the customer, batches of amendments and alterations to the design can be made on two separate occasions.
Each occasion will be separated by another opportunity for proof approval by the customer. If after this period of 2 amendment sesions, the customer is still not happy with the design, they will be charged an extra fee of anything up to £49 per batch of amendments.
The order initially undertaken by the customer is then not bound by our turnaround times listed on the web site. The company reserves the right to cancel the order after the 2 amendments without offering a refund or credit to the customer should they feel that further amendments will not result in customer satisfaction.
THE COMPANY'S ARTWORK.
Artwork and any other property used or created by the company on behalf of a customer will be held and worked upon at the customer’s own risk. Any artwork used by the company may be subject to Copyright Protection laws.
The company endeavors to use royalty free artwork that is not subject to any copyright laws. However, if it does appear to have breached any copyright laws or have conducted any acts of plagiarism, it is completely accidental and unintentional.
Every effort to obtain licensing of known copyrighted artwork will be made when required but may be sometimes unavailable and the company is happy to negotiate within reason any licensing fees after the production of any copyrighted material if any external artists, companies or organizations have been affected by this in terms of loss or damage.
Customer’s artwork and any other property supplied to the company by or on behalf of a customer will be held and worked upon at the customer’s own risk. Upon confirming the proof approval sent to them via email or otherwise by the company, the customer understands and is also confirming that they may be held fully responsible if any law is broken regarding copyright issues of any files or imagery sent to the company to be used in their artwork design.
a) The customer shall ensure that he/she has full authority to reproduce any material in which copyright subsists and the company reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party.
b) The customer shall fully indemnify the company against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name, industry guidelines or any other intellectual property rights by the publication or use or sale of the goods and against all costs and damages which the company may incur in any action for such infringement for which the company may become liable.
c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, The company shall be promptly notified thereof. d) The customer warrants that any design material, email, verbal or SMS content, or instructions furnished or given by him/her are not libellous or such as will cause The company to infringe any copyright letters patent, ICTSIS code of conduct, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United Kingdom in the performance of the contract.
The company will not be bound by any price quoted on the telephone. A firm quotation in writing is the only form of valid quotation. All quotations expire 14 days after the quote has been sent to the customer. After this point, prices are subject to change to any amount deemed necessary by the company. Ordering from a quoted price once does not entitle the customer the quoted set price for any future or previous orders.
Any special offers or sale items offered by the company are done entirely at their discretion and can be removed at any time without prior notice to the customer. The company reserves the right to cancel any order placed by a customer for a special offer or sale item should their supply costs suddenly rise. Customers will be offered the same service for the usual list price or at a reduced rate to cover the rise in supply cost.
Once an order for printing has been placed and artwork provided, the order cannot be amended, changed or cancelled in any way if the printing process has commenced. Orders for design work can be cancelled before the process has commenced. If design has already commenced, a partial refund may be given or in some cases no refund may be given if the company has spent more than 2 hours working on the design. All designs due for a partial refund are calculated at £75 per hour spent on the design.
The company reserves the right not to fulfill orders for any reason and if this decision is taken, a full refund will be given automatically to the customer along with an explanation.
SUPPLY OF PRODUCTS OR SERVICES.
Printing & delivery is handled by external companies as used by us to suit our services on offer.
The amount of goods delivered shall be that ordered and stated on the order confirmation in writing which is sent via email. The company and any external companies used reserves the right to supply either under or over the ordered amount by 20%. Undersupply shall be subject to a discount based on the proportion supply ordered. Oversupply will not be charged for. When time is at a premium we reserve and any external companies used reserve the right to oversupply to allow for cast-offs. External companies used will usually strip out all bad print, however if they supply faster than or to meet their stated turnarounds they may have to leave in cast-offs. In the event of this happening responsibility lies with the customer to remove all cast-offs up to 20% of the order.
Colours included on artwork proofs created by the company or on files submitted by the customer cannot be guaranteed to be physically reproduced to the exact specifications required. If colours cannot be matched during printing with the original artwork, the closest available colour will be created. In most cases, colour reproduction will be almost identical however some colours are very difficult to reproduce (such as royal blue) and cannot be guaranteed to be exact.
All prints will be sent within a set turnaround detailed on the sellers web site wherever possible. The company cannot guarantee to adhere to the turnaround times stated and will not accept any liability if the turnaround time is not met.
Turnarounds come into effect at 10am on first working day after payment is made and artwork is approved. For example: if payment is made at 3pm on Wednesday then the first working day is Thursday. If an artwork approval is received on the Thursday then the turnaround time starts on a Friday.
If the company provides a guarantee that an order will arrive on a specific date, they will refund 10% of the total cost for printing for each additional day the customer has to wait as a means of compensation. If the delivery is delayed due to the customer being unavailable for receipt or collection of the prints, the company will not be held responsible. If the delivery is delayed due to the couriers being unable to deliver for any reason including the weather, access issues, labour issues, acts of god or otherwise then the company will not be held responsible for the delay and refunds will not be given. Refunds will only be given if a specific complaint or request is made by the customer.
Goods will be dispatched using a courier supplied by the printing supplier. The seller can (in most but not limited to all cases) supply a consignment number for tracking deliveries if required after the items have been shipped. The company will not be responsible for tracking deliveries on behalf of the customer at any point.
If a separate delivery address is not stated on the order the goods will be delivered to the PayPal address, billing address or first address supplied.
Lost, missing, irregular or damaged deliveries must be reported in writing within 5 working days of delivery due date for claims to be made. It is the customer’s responsibility to claim from the courier directly and we will not be involved in any proceedings when possible when the courier is deemed to be at fault.
All complaints not related to courier deliveries must be submitted in writing within 14 days of the customer receiving their artwork or prints. If a complaint is received after this period, the company will not be liable to provide any form of solution or rectification. It is the customer’s responsibility to ensure their orders are received in full and all leaflets are printed & folded correctly.
All complaints must be submitted in writing to:
Reflex Media, 31 Dale Street, Manchester, M1 1EY
The company will make every effort to carry out the customer's instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond the company’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond The company’s and external companies used control. During the continuance of such contingency the customer may by notice in writing to The company elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of England. Acceptance of the terms herein and all other terms of the contract is a necessary condition of any work entered into with the company and is not subject to approval or examination.
All correspondence should be addressed to The Company’s postal address at: Reflex Media, 31 Dale Street, Manchester, M1 1EY.