Terms & Conditions

Interpretation of these conditions

a) Customer refers to the company, partnership, sole trader or person described in the order.
b) Contract refers the contract for the sale and purchase of the goods being supplied.
c) Goods refers to the goods and or services described in the order placed by the customer.
d) Delivery address refers to that stated in the order for goods or services.
e) Conditions refers to the standard terms and conditions as set out in this documentation and includes any additional negotiated terms and conditions fully agreed and set out in writing between Cloister Digital Limited and the Customer.
f) Company refers to Cloister Digital Limited.

Disclaimer and information accuracy

a) You should ensure all information you dispatch to us does not infringe anyones copyright and is not in anyway illegal or conflicting with the laws of England.
b) We accept no liability for any loss or damage cause by inaccurate information or supplied information that infringes copyright or governing English law.

Contractual Basis

a) A Contract will become effective when an order is placed by the Customer and is accepted by the Company and meets the Companys terms of payment.
b) The Companys conditions shall apply to the Contract to the exclusion of all other terms and conditions that the order is made or purported to be made.
c) Any order will lapse without any conditions unless accepted by the company within 14 days of its date of issue.
d) No variation to the order or these conditions shall be binding unless agreed in writing.

Orders and Specifications

a) Any order completed or payment by a Customer constitutes an agreement with that Customer that they have read, understand and agree to the terms and conditions of Cloister Digital.
b) All prices specified do not include any charges for any work that has to be carried out as a result of Customer additions, alterations and omissions beyond the specified order information.
c) All work carried out by the Company for the Customer will be subject to additional charges and charged at a rate of 50 per hour.
d) All concept and design artwork requested and undertaken by the Customer will be charged at a rate of 50 per hour.
e) All concept and design artwork completed by the Company for the Customer as well as expenses and or materials and or any outside suppliers costs used in the production of any such work are due for payment in full before the commencement of production and supply of final printed goods or materials.
f) The Customer is responsible to the Company for ensuring the accuracy of any order specification submitted by the Customer and for giving the Company all necessary information and data relating to the Contract within sufficient time to enable the Company to perform the Contract.
g) No order which has been accepted by the Company may be cancelled by the Customer except with the express agreement in writing of the Customer and on the terms that the Customer shall indemnify the Company in full against all loss including loss of profit, costs including those of labour and materials used, damages, charges and expenses incurred by the seller as a result of cancellation.

Prices

All prices quoted on by the Company are net in pounds sterling (GBP).

The price of the goods shall be stated at the point of placing the order.

Terms of Payment

a) Unless an account and payment on delivery of an invoice have been agreed with the Company in writing the Customer shall pay for the goods at the time of order via our credit card payment facility.
b) Transactions are processed via PayPal. This is a fully encrypted service to process card transactions. This system allows the Company to authenticate all transactions and prevent fraud. If the authentication information does not match the data held by the card issuer, the issuer will decline the transaction in the best interests of the Company.
c) In the event of a Customer transaction being pre authorised for payment and then failing to be settled then the Customer shall pay the Company interest on all sums overdue at a rate of 5% per annum over the Bank of England base rate, interest being calculated from the date when payment became due until payment is made before or after any judgement in court.
d) Where payment is agreed to be by account and on delivery of an invoice, payment of the price and VAT in pounds Sterling (GBP) is due within 30 days of the date of the invoice.
e) Under no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all. It is stated that Time for payment to the Company by the Customer is of the essence.
f) Without prejudicing any other remedy available to the Company interest is payable by the Customer on overdue invoices from the date when payment becomes due for each month or part of a month from that date until the date of payment at the rate of 2 % for each such period, compounding at the end of each such month. In the event of unpaid invoices or termination of any agreements the Company reserves the right to use the services of any 3rd party Agencies and or Solicitors to recover any sums of money that due to the Company including all expenses costs and interest.

Delivery Schedule

a) All Goods will be delivered to the delivery address specified on the Customer order.
b) Printed matter delivered as agreed at the time of ordering subject to but not excluding the Companys terms and conditions.
c) Our standard turnaround time for Banner Stands, Pop Ups, Podiums/counters, Posters and Canvas Printing is 5 working days from the receipt or production of print ready finished artwork; however this may vary from time to time.
d) Any delivery date given by the Company is an estimate only and the Company shall not be liable for any consequences arising from delay.
e) The Company shall not accept any liability for any loss including loss of profit, costs or charges, expenses or damages caused as a result of any delay in delivery or non delivery of the Goods ordered by the Customer even if this is caused by the Companys negligence.
f) Failure to deliver all of the Goods ordered does not affect the liability of the Customer to pay for all Goods already delivered.
g) Time of delivery and delivery dates are not of the essence in any contract placed by the Customer with the Company.
h) If the Customer shall be in breach of any of their obligations under the contract the Company may without prejudice to the Companys rights suspend further deliveries of goods without notice until any defaults by the Customer are remedied.

Returns Policy

a) All Goods shall remain the property of Cloister Digital until such a time that full payment is received unless otherwise specified after agreement in writing by Cloister Digital.
b) All Goods collected or received must be checked immediately upon receipt. Any damage, faults, order discrepancies or shortages (defect) must be notified to the Company within 12 hours of collection or delivery. In respect of collection or delivery of Goods signing a carriers delivery note as Goods Unchecked does not absolve the Customers responsibility from implementing this Condition in respect of this time is of the essence.
c) Where the Customer notifies the Company of Order defects in accordance with (7b) the Customer shall afford the Company reasonable opportunity to inspect and investigate such claims and shall if requested return the Goods subject to the claim immediately to the Company.
d) Where notification of any defect is given in accordance with (7b) and the defect is confirmed by the Company then the Company shall either (i) replace the Goods with Goods of a satisfactory quality or (ii) at the Companys option shall credit the Customer with the price or an agreed part of the price.
e) We do not offer Goods on a Sale or Return basis due to our products being made to Customer specific instructions we will always endeavour to ensure that Goods requested can be made suitable to a Customers requirements all work undertaken whether experimental or otherwise, at the Customers request, shall be charged in full to the Customer by the Company.
f) The Company shall have no liability to the Customer with regard to any claim in respect of which the Customer has not complied with these conditions.

Risk & Property

a) Risk or damage to or loss of the Goods shall pass to the Customer immediately upon the Goods leaving the Companys premises or place of storage for shipment to the Customer. The Company is not responsible for damage or shortages or losses that occur in transit of the Goods.
b) Notwithstanding delivery and the passing of risk in the Goods or any other provision within these conditions, the property within the Goods shall not pass to the Customer until the Company has received payment in full.
c) Until such a time that payment in full has been received by the Company, the Customer will ensure that the Goods are clearly identified as the property of the Company.
d) Where payment for the Goods has not been received in full by the due date then the Company, without prejudice to any other remedy, shall be entitled but not required to, take possession of the Goods and shall be entitled to enter onto the Customers premises during normal business hours for such purpose.
e) Where payment for the Goods has not been received in full by the due date and the Company understands that the Goods have been transferred to a third partys premises as part of a further transaction then the Company, without prejudice to any other remedy, shall be entitled but not required to, take possession of the Goods and shall be entitled to enter onto the thirds partys premises during normal business hours for such purpose and or enter into discussions with that third party regarding the subsequent direct supply of Goods.

Warranties and Liability

Any shortcomings or defects in goods supplied must be notified to Cloister Digital within 12 hours of delivery. Such goods must be returned to the company for inspection. Please note: minor defects in quality which may occur must be deemed acceptable when ordering.

Nothing herein shall impose any liability upon the company in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the customer, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.

Nothing herein shall have the effect of excluding or restricting the liability of the Company:

For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;

Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).

Hardware is covered by a 1 month limited Warranty. Graphics are not covered by any warranty; all defects in graphics should be reported within 24hours.

Limited Hardware is covered by a 1 week limited Warranty. Graphics are not covered by any warranty; all defects in graphics should be reported within 24hours. Stands labelled with limited warranty are classed as disposable, suitable for 1 show or event, lasting no longer than a week

The company cannot refund international delivery costs resulting from amendments to or defects in goods supplied.

The company shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.

The liability of the company to the customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the materials ordered.

If the customer shall be in breach of any of their obligations under the contract the company may (without prejudice to Cloister Digitals rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.

No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Cloister Digital shall be construed to enlarge, vary or override in any way these conditions.

Any concessions made or latitude allowed by the company to the customer shall not affect the strict rights of the company under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.

Upon sight of artwork and at its sole discretion Cloister Digital reserves the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.

Cancellation

a) Any Contract or order for Goods between Company and Customer may only be cancelled by written or email agreement between the parties concerned.

General

a) A contract between the Company and a Customer is personal to the parties and may not be assigned to any other party.
b) Any notice required to be given by the Customer to the Company shall be addressed in writing to the Companys principal place of business or other notified address as relevant at that particular time.
c) No waiver issued by the Company to any Customer in regard of any breach of Contract thereof shall be considered as a waiver of any subsequent similar breach or any other provision.
d) If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
e) The Contract shall be governed by the Laws of England.

Colour & Production

Customer proofs should be provided as hard copy if supplied by disk or by PDF with all fonts embedded, failure to provide an accurate proof voids any responsibility on incorrectly printed work on behalf of Cloister Digital.

All files should be saved in CMYK format, failure to do so may result in colour differences from the original file and all responsibilities lie with the customer and at no point is Cloister Digital responsible for incorrectly saved files.

Fonts must be supplied with every job or fonts converted to outline, failure to supply the correct fonts will result in a difference in the finished item and all responsibility for failure to supply files correctly lies with customer.

Cloister Digital templates are available via email request. Please confirm or request an accurate template before submitting files for print. Failure to supply files correctly, responsibility lies with customer and not with the company in any shape or form.

Bleed should be provided on all artwork (10mm) on all sides before submitting files for print, failure to supply files correctly, responsibility lies with the customer and not with the company in any shape or form.

Roller Banner Stand Recoil is clearly displayed on our templates and is for the cassette mechanism and is a non-visual aspect of the stand. Text and key information should be kept clear of this and any of our template information removed before submitting files for print, failure to supply files correctly, responsibility lies with customer and not with the company in any shape or form.

Colour matching in the event that a replacement graphics is required of any existing stand/printed material originally provided by the company or otherwise, please be aware that due to differing conditions/media/inks/processes used from the time the original was printed and the time the reprint is produced, Cloister Digital cannot guarantee a perfect colour match. The company cannot be held responsible for any colour difference between the original and the newly printed material.

Pop-up stand alignment is subject to a slight shift by approx 1.5mm per panel. To avoid any obvious misalignment, when designing a popup stand avoid placing any text across the panel seams. The company cannot be held responsible for misalignment due to artwork provided that ignores these conditions.

It is the customer's responsibility to provide the correct artwork and if unsure please email Cloister Digital Ltd at sales@cloisterdigital.co.uk

Prints on Canvas

Colour:
Whilst we try our very best to colour match every photo the company cannot be held responsible for exact colour matching requirements. Colours may appear differently on your computer screen than ours (due to contrast, hue settings on your monitor) and we will not accept returns for colour related issues. If exact colour matching is important then we suggest contacting us to discuss test samples.

Image cropping and gallery wrapping:
To fit your photo onto the specified canvas size we will often have to crop the original photo. We will do this with the utmost sensitivity to retain the original feel of the image but we will not be held responsible for cropping out any part of the image. If there are specific parts of the photo that you would like to keep on the front of the canvas you should let us know in advance.

Gallery wrapping is also a popular choice but to "wrap" the image the photo must be enlarged to cover the edges of the canvas. Our canvases have a depth of approx 2 inches and we therefore have to enlarge your image by 4 inches in length and width to cover these edges. Sometimes this will lead to an important part of your photo ending up on the side of the canvas (for example part of a face, an eye, or a large part of a head). In these circumstances we reserve the right to not gallery wrap your image but will print the photo on the front of the canvas only. If you have ordered multiple canvases we will print all in the same style for consistency. This retains the best overall feel from your photos.

Copyright:
It is the sole responsibility of the customer to ensure that any image that they present for transformation into a canvas print is copyright free or that the copyright is owned by the customer themselves. We will take no responsibility for any breach of copyright caused through printing an image supplied by a customer.

Privacy Policy:
The company will need to take certain personal details such as contact and delivery information we will never pass this information over to any 3rd party (except for the needs of product delivery). All personal information will be kept in a secure environment and not be accessible via the internet. We do retain the right to use photos of your canvas as examples on the site. If you would not like you artwork displayed please contact us and we will remove it.

What you cannot do:
You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the web site.

You are not allowed to upload, email to us or order prints of any images or other material which contain: pornographic or obscene material;
racist material;
material that is likely to incite hatred against any person or group;
blasphemous material;
defamatory or otherwise actionable material;
images of any criminal act;
material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party;
material that breaches any applicable laws or legislation

Law and jurisdiction
These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.