Terms & Conditions
The Purple Company (UK) Ltd Terms and Conditions
All goods sold and delivered that are not to the stated quality described can be returned within 5 days and a full replacement will be made. Please see below our complete after sales policy.
1. INFORMATION ABOUT US
www.thepurplecompany.co.uk is a site operated by The Purple Company (UK) Ltd (“We”); we are a Limited Company registered in England and Wales under registration number 4895009.
Our registered office is: Unit 1 Hennock Court, Hennock Road East, Marsh Barton Trading Estate, Exeter, Devon, EX2 8RU
3. TRADE MARKS
The Purple Company is a UK registered trade mark of The Purple Company (UK) Ltd.
4. PASSING OF TITLE AND RISK
4.1 The risk in the goods shall pass to you on delivery.
4.2 All goods, delivered or not, remain our property until payment is received in full.
We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogue no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
6. QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.
Where applicable all prices quoted are inclusive of V.A.T. at the current rate.
8. ARTWORK AND PRINTING
Please note that it is the client’s responsibility to check all details, as The Purple Company cannot accept any responsibility for errors that are not pointed out to us before the item/s go into production. You must check all relevant spellings including any Tel Numbers, web addresses etc. If we are printing items in spot colours Pantone colours must be provided by the client in order to achieve the correct colours on your printed items.
9.1 Every effort will be made to deliver on time, but any delivery day specified is a best 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 prevailing rates applying at the date of such delivery.
9.2 Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
10.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
10.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of the contract.
10.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
10.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from date of payment.
11.1 Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 18.
11.3 Nothing in these terms and conditions shall affect the right of a consumer.
12. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
13. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
14. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
15. SAFETY INSTRUCTIONS
The buyer must inform the company in writing if the products ordered are to be used by children aged 0-3 years and the individual product in question has no instructions specifying that it is OK.
Certain promotional merchandise is not suitable for use by children and in particular the buyer’s attention is drawn to the following:
Small components that can be easily undone. These items conform to EC standards of safety, but the buyer must be satisfied that each and every product purchased from the company is not a risk to the final recipient. (certain pens for example may form less risk than others in that they may require more effort to undo their components and we would strongly advise that these particular products are selected if the intended final recipient is a child). Attention should also be drawn to other items that are intended for older children and adults i.e. carrier bags, tote bags, rucksacks, teddy bears each item will state its suitable age. Please note if you are unsure of any item’s suitability with children the company must be informed in writing or the company holds no responsibility for the item’s suitability with children unless informed.
16. RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site. These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
17. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.