Terms & Conditions
Please read these conditions of sale carefully.
You will be asked to expressly agree to these conditions of sale before you place an order for products from our website.
In these conditions of sale, “we” means KST Marketing Ltd (registered in Scotland SC445376.) (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
You are solely responsible for the content and context of any materials you submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (c) contain a virus or other harmful component. You may only use this Site to make legitimate requests to purchase the products or services offered, and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site.
In order to enter into a contract to purchase products from us, you will need to take the following steps: Chose your product and selected your choice of quantity and paper finish. Add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these conditions of sale; (iv) you will be transferred to the Paypal website, and Paypal will handle your payment; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order requirements, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to proceed further with your order.”
Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sales procedures so that a product’s correct price will be stated when you pay for the product. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. The prices on the website exclude all value added taxes (where applicable).
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by Paypal.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £12 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
We have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales. Products supplied may differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK. We endeavour to display and describe as accurately as possible the printed colours of our products that appear on the website. However we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product delivered.
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these conditions of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
- you are resident in England or Wales; and Scotland
Our prices are based on our Standard Delivery which is 5-7 working days from the date of our order confirmation. Where Express Delivery has been selected, that is, 3-4 working days from the date of our order confirmation. The first working day commences on the working day a print ready PDF file is received by us provided it is received before 9.30am on that working day. If received after 9.30am then the first working day will commence the following working day.
Every endeavour will be made by us to deliver all orders within the agreed time frames but are not guaranteed. In the unlikely event that we fail to deliver an Express Delivery within the 4 working days then the 15% surcharge will be refunded in full and in the event that we fail to deliver a Standard Delivery order within 7 working days we do guarantee that dispatch of the product ordered will be within 30 days of the later of receipt payment and the date of our order confirmation unless there are exceptional circumstances.
We will only deliver products within mainland United Kingdom within the time frames stipulated and for the single delivery charge included at the checkout, but we are willing to enter into a special arrangement if delivery is required outside these areas, the terms and conditions to be discussed and agreed between the two parties.
You have a right to cancel an order as long as the print process has not started and provided that it is not as a result of you finding a cheaper price elsewhere. The print process is deemed to have started once our graphic design team have accessed and opened any files supplied.
Where a printed proof has been ordered and the print order subsequently cancelled for whatever reason, then a refund will be given for the total value of the order less the cost of the printed proof(s).
If we have been commissioned to fulfil graphic design requirements, full payment will be due prior to the start of the design process and are non-refundable, regardless if print order has been cancelled.
A cancellation fee may apply to covers admin charges, artwork verification and proof preparation. It is non-refundable.
Nothing in these conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Returns and Refunds
We will not accept any liability for errors, grammar, spelling or omissions made on artwork approved or supplied by you. If the order arrives damaged, or defected, it is necessary to inform us about this fact within 10 days from delivery.
We reserve a right to ask for samples of damaged or defected goods before we offer a re-print or refund. On the sight of samples we will decide on how to proceed depending on the fault. If we are at fault we will offer a re-print, or partial refund or full refund depending on the error.
Claims received later than 10 days after delivery day might be rejected.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Limitations and exclusions of liability
Nothing in the conditions of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the conditions of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the conditions of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the conditions of sale or in relation to the subject matter of the conditions of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
The Customer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like (“Materials”) prior to instructing us to reproduce the same. The Customer shall indemnify and hold blameless us against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the materials by us infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design work commissioned or ordered by the Customer and originated by us shall, as to its material elements and as to the copyright or design right in relation to it, belong to KST Marketing Ltd. The Customer shall not have any right to reproduce or authorise any other person to reproduce any such design work in whole or in part or do any act which would, in the absence of written authorisation by KST Marketing Ltd, infringe any copyright or design right which may subsist in relation to any such design work.
We may, at the request of the Customer, assign the copyright and design right of design work to the Customer upon payment of our expenses in relation to such assignment.
Third Party Websites and Content
Each service offered by us may be delivered by an associated Third Party company. These Third Party companies may have additional privacy policies and terms and conditions which supersede these.. These supplemental disclosures are available upon request. KST Marketing may integrate User Content generated from this site with other Third Party Sites to fulfil your order.
The Site contains (or you may be sent through the Site to) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
Contracts under these conditions of sale may only be varied by an instrument in writing signed by both you and us. We may revise these conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these conditions of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these conditions of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these conditions of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these conditions of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these conditions of sale.
Each contract under these conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of our conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These conditions of sale will be governed by and construed in accordance with Scottish law, and the courts of Scotland will have [non-] exclusive jurisdiction to adjudicate any dispute arising under or in relation to these conditions of sale.
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from 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.
KST Marketing LTD
Company registration number is SC445376
Email address is email@example.com
VAT number is 160 2811 42