Terms and Conditions - Madly Merch

PRICING – Whilst we make every effort to maintain quoted prices, all products are subject to review of final artwork. Delivery charges will be included in the price to one UK address at the time of order and will be charged accordingly unless otherwise stated. Express orders, split deliveries or international shipping will all require additional cost. The amount of Value Added Tax payable is at the rate prevailing on the date of dispatch.
COST VARIATIONS – Quotations are based on our current costs and are valid from 30 days of creation. Costs are subject to amendments by us on or at any time after our acceptance of order to meet any rise or fall of such costs.
PAYMENT – (a) All of our orders are 100% pro-forma unless otherwise stated. (b) We do not offer credit accounts.
ARTWORK APPROVAL – Artwork proofing is included in the quoted price. All additional design work carried out at customer’s request shall be chargeable at a rate of £50 per hour. Artworks are subject to proof approval by the customer, an approval, sent on behalf of the customer in writing, shall entitle us to proceed in accordance with such proof. We limit our artwork proofing to a maximum of three changes before additional cost will be applied. The cost of (a) failure to provide clear and legible copy, and (b) remedying any errors not corrected by the customer in such proof shall be borne by the customer and shall be charged extra. On receipt of written final production artwork approval from the customer and whilst we endeavour to ensure any errors are spotted before production, we cannot be held responsible for any existing errors in copy that are sent to print.
VARIANCES – Every effort will be made to obtain the best possible colour reproduction of artwork files, Pantone references and CMYK codes provided but because of the nature of the processes involved we do not guarantee (a) an exact match in colour approved from an on screen review or (b) an exact match from the sample provided or (c) an exact match across different materials/substrates. Where the achievements of a specific standard are essential we strongly recommend the customer request a printed preproduction sample which will be charged as an additional fee. Specified sizing is subject to +/-10% tolerance.
DELIVERY – Whilst our priority is to deliver a shipment in full, we may deliver any part of the goods ordered when such part shall be available. Delivery of goods shall be accepted when tendered. All goods should be reviewed immediately once received from our courier partners. Should the first review materialise in failed goods then the shipment must be rejected. Once damaged goods are accepted from the customer we cannot offer a full refund from the quoted price. Once final approval has been received we will go straight to production. Should work be suspended at the request of, or delayed through any default of the customer we can hold production for only 7 days before we must continue with the order otherwise the occurrence of a holding charge will be applied. Every endeavour will be made to deliver the correct quantity ordered. But where goods are manufactured to customer’s specification the customer shall accept in fulfilment of the contract quantities, which vary from those ordered by +/- 10%. If exact quantities are required a request must be given in writing prior to the receipt of a quotation.
RISK & TITLE – The risk in goods shall remain with us until delivery when risk shall pass to the customer. The legal and equitable ownership in goods shall remain vested in us until the case notification window (7 days) has passed.
LIABILITY AND RETURNS – We accept no liability once the goods have been received outside of seven days. Should liability be found in any case will be limited to the invoice value of goods in question. On discovery of any defect in the goods the customer shall give immediate written notice to us to enable the complaint to be investigated and we shall have no liability unless and until this investigation has been carried out. We reserve the right to dispose of rejected goods.
CLAIMS – Claims in respect of any shortage (outside of the tolerance policy) or damage must be made in writing within 7 days of delivery. The items in respect of each case of damage will be retained for inspection by us within a period of 28 days after notice in writing to us of the claim. Any claim relating to total loss of goods must be made in writing within 7 days of such loss becoming known to the customer. In relation to all claims for which we are liable, our liability shall be limited to replacement of the lost, damaged or defective item as the case may be and we shall not under any circumstances be liable for any time or indirect loss or third party claim. Furthermore, there will be no claim considered for any deliveries completed outside of our stated estimated guideline. Whilst we endeavour to give as accurate delivery dates as possible, we can never guarantee delivery dates due to circumstances which may fall outside of our control, i.e. customs delays, 3rd party courier strike, machine breakdown.
REFUNDS – Should the customer no longer wish to proceed with an order, a refund may be issued if production has not commenced. However if work on production has commenced then a full refund cannot be given as a result of order preparation, material costs and production time that has been incurred by the company. Deposit payments for orders are non refundable. If a refund is to be issued, an admin fee of £75 shall be deducted from the refunded amount. Additionally, if artwork proofing has been created for the order, then an artwork fee of £100 per hour shall be deducted from the refunded amount.
FORCE MAJEURE – We shall be under no liability if we give notice in writing to the customer that we are unable to carry out the provision of any order by reason of circumstances outside of our control including (without limitation of the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, pandemic or lack of material acquisition. Upon receipt of such notice and at any time prior to our withdrawing such notice, the customer may by written notice choose to terminate the order upon payment for work done and materials used, but subject thereto, shall accept when available.
APPLICATION OF CONDITIONS – These conditions and all other expressed terms of the contract, shall be governed and construed in accordance with the Law of the UK government and shall apply to all sales of goods or services. Except by additional or special conditions notified on any quotation these conditions shall apply notwithstanding any previous conditions.
PRODUCT PHOTOGRAPHY – Product photography on the website is protected by copyright with the intellectual property ownership belonging to Madly Merch. Should a customer fail to raise a non-disclosure agreement at the time of order placement then any post-order requests to remove photography from the website or social media can be declined from Madly Merch Ltd.