Terms & Conditions
ABOUT US.
Creative Gifts operate from 10 Starnes Court, Union Street, Maidstone, Kent ME14 1EB and 161 High Street, Tonbridge, Kent TN9 1BX with the company registered in England and Wales under the company number 08716549 and a VAT number of 182119909.
OFFICE HOURS.
Creative Gifts (Maidstone) are open 9am - 5pm, Monday to Friday, excluding Bank Holiday weekends. Creative Gifts (Tonbridge) are open 9am - 5pm, Monday to Thursday, Fridays 9am - 4pm. Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of office hours and only call in emergencies, as these are also the staff’s personal telephones. We appreciate your understanding.
CONTACTING US.
The most effective way for us to deal with enquiries is either in-store (10 Starnes Court, Union Street, Maidstone, Kent ME14 1EB or 161 High Street, Tonbridge, Kent TN9 1BX) or via email (hello@lovecreativegifts.co.uk) as this allows us to distribute questions to the appropriate departments and therefore respond to you more efficiently. You can also call us on 01622 755 522 during the usual working hours. All price and product enquiries are dealt by the sales team.
OUR RELATIONSHIP.
After starting any job with Creative Gifts, you authorise the staff members to proceed with the creation of the products and services, as agreed with the sales representatives and confirmed when agreeing a quote. Any jobs that are put on hold or are cancelled by the client during the design and/or production will be invoiced at the current state and materials used. This invoice must be paid in full.
PROOFING AGREEMENT.
In most cases, a proof will be provided of the artwork to be printed, unless it has been supplied at the correct size, on the correct templates where necessary. It is your responsibility to check for any mistakes as these will be present on the final print. By approving this proof, you absolve Creative Gifts of all liability for any discrepancies that were present on the proof. Any mistakes printed after approval will incur additional costs that will be passed onto yourself. Our standard terms and conditions revokes your right to take any kind of action against Creative Gifts for any aspect of the work with which you are later dissatisfied. As long as the finished product is as discussed with the sales representative and consistent with the proof supplied, you must pay for the work in full. As stated in the email supplied with the proof, all approvals must be received via email. We are unable to accept approvals via the telephone. These terms are final and non-negotiable.
PROVISION OF FILES.
You agree to provide us with the specific copy, images and information we require in order to create your product. In order to be processed quickly, files must be supplied as PDFs, high resolution (300dpi) with all logos in a vector format. We can accept other file-types but this may cause a delay in the production as it must go through an artwork check and conversion before proceeding to production. There may be a delay in the production of your product if we are unable to secure the relevant files from yourself.
STORAGE OF FILES.
All artwork and design that has been paid for in full will be stored on Creative Gift’s system and will be kept until we are asked for it to be removed. We keep the files for future reprints and this cost is covered in the design and artwork charges. As stated at the beginning of each job, all design and artwork is a one-off charge that is applied, and the files are stored on our system. Small amendments to the design can be made free of charge, however anything that may be considered as more than a minor change will incur additional costs. All decisions are left to the discretion of the design department, where time and skill will be factored into the final decision.
ARTWORK AMENDMENTS.
We understand that with all artwork and design jobs, changes may be made and a new proof can be supplied, which is included in the cost. However, it is down to the discretion of the designer if the changes exceed the design quote that is supplied at the beginning, and additional charges may occur. This will be discussed before any extra work is undertaken.
ARTWORK AMENDMENTS AFTER APPROVAL.
If a change to artwork has been requested, we will do everything we can to make the correction before printing commences. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof via email absolves us of all liability. If a change has requested after the material has been printed, we can re-print the files, however they will incur a plate charge, which will be passed onto yourself as part of the total charge.
PRINT QUALITY.
Where low resolution files are supplied, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects from unsuitable files supplied. The design department will alert you if something is printing at a low resolution and are on hand to advise alternative options. Every effort is made to obtain the best possible colour reproduction on work and Pantone colour references must be supplied where possible. Files that are supplied in RGB are likely to be printed slightly darker than what is on screen and where possible, we will convert this to CMYK before proceeding. We cannot guarantee an exact match in colour between the printed article and the proof supplied on screen.
QUANTITY SUPPLIED.
Every effort is made to produce the exact quantity of items ordered. Some variation is inherent in the print process and there are likely to slightly more than originally quoted. This is due to the printing process and it does not affect the overall cost.
CLAIMS.
Advice of damage, delay or partial delivery of goods in transit or of non-delivery must be given in writing to Creative Gifts within three clear days of delivery (or in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Creative Gifts and the carrier within seven clear days of delivery (or in the case of non-delivery, within 42 days of dispatch). All other claims must be made to Creative Gifts in writing within 28 days of delivery.
Creative Gifts shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer proves that:
(i) it was not possible to comply with the requirements and;
(ii) advice (where required) was given and the claim made as soon as reasonably possible.
PAYMENT TERMS.
Customers without an account with Creative Gifts agree to pay 50% of the final bill upon ordering, and to pay the outstanding balance on delivery/collection of the completed work. Account customers agree to adhere to the terms stated on the invoice (30 days end of month). All deposits are non-refundable.
QUOTES & ESTIMATES.
All quotes supplied are valid for 30 days, after which time all proposed work will require a re-quote. We accept no responsibility for a re-quoted price differing from an original quote.
PRICE BREAKDOWN.
The invoice we send you will be itemised, showing the cost of the print production, design and artwork costs (where applicable). VAT is applied on certain products and will be added to the final total of the invoice.
ACCEPTABLE USE & ILLEGAL MATTER.
Creative Gifts reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be in infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
CONSEQUENTIAL LOSS.
Creative Gifts accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
FINANCIAL LOSS.
Creative Gifts accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Creative Gifts.
FORCE MAJEURE.
Creative Gifts accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
LIABILITY.
Creative Gifts shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Creative Gifts’ control.
CREDIT TERMS.
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover the debt recovery costs.
INSOLVENCY.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being a company is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Creative Gifts, without prejudice to other remedies, shall:
(i) have the right to not proceed any further with the contract, or any other work for the customer and be entitled to charge for work already carried out (whether it be completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and
(ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
DATA PROTECTION.
Creative Gifts agrees to keep the confidential information of its clients confidential. All such data recorded will be treated as confidential in accordance with the Data Protection Act.
REFUNDS & SPECIAL OFFERS.
Any refunds and special offers that have been authorised can only be done so by a director of Creative Gifts.
STORAGE & COLLECTION.
Unless a storage agreement has been previously made with a director of Creative Gifts, any printing that has not been collected after 4 months will be recycled and no refunds will be given.
CHANGES TO TERMS & CONDITIONS
We hold the right to revise and amend these Terms as time passes, which reflect changes in market conditions affecting our business, changes in payment methods, changes in technology and our system’s capabilities. You will be subject to the policies and Terms in force at the time an order is placed with us, and you will be notified on changes that affect you as a consumer. We have the right to assume that you have accepted these Terms and Conditions, and any changes to them, unless you notify us to the contrary within seven working days of receipt by you of the products.
Updated September 2023