Gift Packaging Direct - Gift Packaging Direct

1. Terms & Conditions of Sale. Part A

1. All prices, descriptions and delivery details are correct as of 1st March 2009. Gift Packaging Direct Ltd reserves the right to change details without prior notice. We will make these details known to our customers at the time of order.

2. Account customers: Late payments are liable for charges in accordance with the Late Payments Debt Collectors Act (1998), for which 8.5% plus the base rate will be charged on the total amount outstanding for each 30 days late and credit terms will be withdrawn. We reserve the right to charge for Solicitors fees to recover any debt owing, recovery charges and compensation charges, starting at, but not limited to, as follows: £1 - £999 at £40 per invoice, £1000 - £9999 at £70 per invoice and for £10,000+, £100 per invoice.

3. Goods are subject to colour variation in production, colours may look different from one computer screen to the next, varies between production runs and across different stock. Whilst we try to ensure that our products are colour fast, for specific concerns, we strongly recommend that customers carry out their own testing for the purpose for which they are intended. We accept NO responsibility for customer interpretation of colour based on our colour descriptions. Samples and colour swatches are available either FOC or for a small fee – please call 08444 778 777 for further details.

Gift Packaging Direct Ltd reserves the right to make product and service changes at no prior notice. As there may be a time delay between stock production and publishing these updates, the customer will be informed of such changes at time of order.

4. Collections and returns (UK mainland only) from customer address to Gift Packaging Direct Ltd cost is to be paid by the customer both ways (unless supplied goods are incorrect or faulty). See DELIVERY CHARGES for further details.

5. When goods are delivered, you will be asked to sign a receipt by the carrier. You MUST count the quantity and check the condition of parcel(s) against the quantity you are signing for as under-delivery and damaged exterior packaging affecting the quality of contents cannot be claimed for after a signature has been received.

It is your responsibility to distinguish your delivery address against others who may share your entrance/building. If there are special instructions that the carrier should follow in order for the goods to reach you, this must be advised in Delivery Address “special instructions”. It is your responsibility to provide us with the correct house/building number and postcode. Failure to provide us with this means that we are unable to deliver your goods and you will be liable for any costs incurred when retrieving the correct information/lost product.

6. Gift Packaging Direct Ltd will not accept any responsibility for damage caused to the buyer’s goods by Gift Packaging Direct Ltd products.

7. We advise that all buyers inspect bought goods so as to identify defects in the materials and/or workmanship immediately on receipt. Goods shall be deemed satisfactory in all respects and in accordance with the company obligations to the buyer unless Gift Packaging Direct Ltd receives objections in writing from the buyer within seven calendar days from the date of the delivery, indicating the alleged defect of said goods. Deliveries that are late or damaged due to carrier error, cannot be recovered from Gift Packaging Direct Ltd by the buyer more than the Gift Packaging Direct Ltd insured amount of £90 net per delivery. Outbound delivery charges are quoted by Gift Packaging Direct Ltd for delivery only and do not include insurance for loss, damage or Acts of God; it is the Client’s responsibility to ensure adequate insurance is in place for all of their stock movement inbound from Gift Packaging Direct Ltd to Client for custom made Client products even if it is not yet fully paid for.

8. Whilst we make every effort to research appropriate materials and can advise the buyer on which Gift Packaging Direct Ltd products are most suitable for specific projects, it is the buyer’s responsibility to check on the compatibility at the time of ordering and in accordance with EEC regulations. This applies particularly to contents that may require food-safe or labelling specifications.

9. Goods are subject to a +/- 5% variance without notification, which will be reflected in the amount invoice.

10. All products are copyright and may not be reproduced in any format without written consent from Gift Packaging Direct Ltd.

11. Please note that your statutory rights are not affected.

2. Terms & Conditions of Sale. Part B

1.0 Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these conditions.

Acknowledgement and Acceptance Form: the document sent by Gift Packaging Direct Ltd to the Buyer confirming acknowledgement and acceptance of the Buyer’s order.

Approval Form: the sample, artwork, layout, proof and/or material swatch approval form as set out in Schedule 1.

Buyer: the person, firm or company who purchases the Goods from Gift Packaging Direct Ltd.

Contract: any contract between Gift Packaging Direct Ltd and the Buyer for the sale and purchase of the Goods, incor¬porating these conditions, the completed Sales Order, the Approval Form, and (where applicable) the Quality Control Statement and the Production Schedule. Deposit: 50% of the Contract Rate as set out in Schedule 2.

Delivery Point: the place where delivery of the Goods is to take place under condition 4.

Goods: any goods agreed in the Contract to be supplied to the Buyer by Gift Packaging Direct Ltd (including any part or parts of them).

Invoice Address: the address to which Gift Packaging Direct Ltd’s invoice will be sent as set out in Schedule 2.

Production Schedule: the production timetable agreed between the parties as set out in Schedule
2.

Quality Control Statement: a statement agreed between the parties regarding the quality of the Goods.

Sales Order: the sales order as set out at Schedule 2.

Gift Packaging Direct Ltd: (Company number: 06718371 ) whose principal place of business is Unit 22, Victoria Industrial Estate, London W3 6UU and whose registered office is at Summit House, 170 Finchley Road, London, NW3 6BP.

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.

2. APPLICATION OF TERMS

2.1 Subject to any variation under condition 2.3 the Contract shall be on these terms and conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any sales order, confirmation of order, specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’s sales order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These terms and conditions apply to all Gift Packaging Direct Ltd’s sales (save sales from Gift Packaging Direct Ltd’s website which will be subject to separate terms and conditions) and any variation to these terms and conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of Gift Packaging Direct Ltd. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Gift Packaging Direct Ltd which is not set out in the contract. Nothing in this condition shall exclude or limit Gift Packaging Direct Ltd’s liability for fraudulent misrepresentation.

2.4 Each order or acceptance of a quotation for Goods by the Buyer from Gift Packaging Direct Ltd shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

2.5 No order placed by the Buyer shall be deemed to be accepted by Gift Packaging Direct Ltd until a written acknowl¬edgement of the Sales Order is issued by Gift Packaging Direct Ltd.

2.6 The Buyer shall ensure that the terms of its order and any applicable specification as set out in Schedules 1 and 2 are complete and accurate and meets its requirements

2.7 For the avoidance of doubt, the process for entering into a contract is as follows:

2.7.1 The Buyer specifies to Gift Packaging Direct Ltd the goods it wishes to order from Gift Packaging Direct Ltd.

2.7.2 Gift Packaging Direct Ltd provides a quotation to the Buyer in accordance with the Buyer’s requirements. Any quotation is valid for a period of 30 days only from its date, provided that Gift Packaging Direct Ltd has not previously withdrawn it. Any quotation is given on the basis that no Contract shall come into existence until Gift Packaging Direct Ltd accepts an order by despatching an Acknowledgement and Acceptance Form (as per Condition 2.7.5) to the Buyer.

2.7.3 The Buyer approves or rejects the quotation. In the event that the Buyer accepts the quotation, Gift Packaging Direct Ltd will provide the Buyer with the Sales Order, an Approval Form accompanied by an appropriate sample, artwork, layout, proof and/or material swatch.

2.7.4 The Buyer completes the Approval Form and Sales Order and signs and dates them and returns them to Gift Packaging Direct Ltd.

2.7.5 Gift Packaging Direct Ltd will, if it decides to accept the Buyer’s order, send an Acknowledgement and Acceptance Form at which point a Contract has been entered into by the parties.

3. DESCRIPTION

3.1 The quantity of the Goods shall be as set out in Gift Packaging Direct Ltd’s quotation and reconfirmed in the Sales Order and the acknowledgement of Sales Order.

3.2 The Buyer acknowledges that by signing the Approval Form it will be deemed to have checked and agreed the samples, artwork, layout, proof and/or material swatch and production will commence according to that Approval Form. The Approval Form shall form part of the Contract.

3.3 If the Buyer wishes to place a repeat order of the Goods, it must sign a further Approval Form and Sales Order for each repeat order. Each further sample may incur a charge as set out in the quotation. Some slight colour and/or board variations in the Goods may occur in repeat orders and Gift Packaging Direct Ltd will endeavour to advise the Buyer where this occurs. In signing the further Approval Form the Buyer acknowledges and accepts that on repeat orders some slight colour and/or board variations in the Goods may occur and that Gift Packaging Direct Ltd shall not be liable for any such variation.

4. DELIVERY

4.1 Unless otherwise agreed in writing by Gift Packaging Direct Ltd, delivery of the Goods shall take place at the Invoice Address. The Delivery Charge indicated on the Sales Order will apply and the Buyer will be responsible for any and all insurance dur¬ing transit charges. If delivery is required at an address other than the Invoice Address, the Buyer shall advise Gift Packaging Direct Ltd of this in writing at least 5 working days before the Specified Date.

4.2 Gift Packaging Direct Ltd will endeavour to deliver the Goods by the Specified Date as set out in the Sales Order. However, Gift Packaging Direct Ltd reserves the right to deliver the Goods up to 10 working days later than the Specified Date without penalty to Gift Packaging Direct Ltd and time for delivery shall not be made of the essence by notice. If there is no Specified Date, delivery shall be within a reasonable time. Deliveries are made Monday to Friday, 8am to 6pm inclusive. Gift Packaging Direct Ltd reserves the right to charge extra for a timed delivery, or to refuse to offer this service if inconvenient.

4.3 Subject to the other provisions of these conditions Gift Packaging Direct Ltd shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Gift Packaging Direct Ltd’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days. When goods are delivered, you will be asked to sign a receipt by the Carrier. You MUST count the quantity and check the condition of the parcel (s) against the quantity you are signing for as under delivery and damaged exterior packaging affecting the quality of the contents cannot be claimed after a signature has been received. Deliveries that are late or damaged due to Carrier error cannot be recovered from the Gift Packaging Direct Ltd by the Buyer for more than £1300/tonne (as set out in the UK RHA Terms & Conditions).It is the Customer responsibility to advise us to quote and then accept the quotation for additional insurance before the goods leave to cover the value of the goods if so required.

4.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or Gift Packaging Direct Ltd is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations:

(a)Risk in the Goods shall pass to the Buyer (including for loss or damage caused by Gift Packaging Direct Ltd’s negligence);

(b)The Goods shall be deemed to have been delivered; and

(c)Gift Packaging Direct Ltd may store the Goods until delivery, at the standard storage charge of £12.00 (plus VAT) per pallet (or part thereof) day, whereupon the Buyer shall be liable for all related costs and expenses including insurance.

4.5 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment (including forklift equipment) and manual labour for loading the Goods. The Buyer should advise Gift Packaging Direct Ltd at least 5 working days in advance if help or equipment is required to unload goods and Gift Packaging Direct Ltd will adjust delivery charges accordingly. The delivery driver may at his discretion assist the Buyer to unload the Goods if the necessary equipment is not available.

4.6 It is the Buyer’s responsibility to ensure that there is adequate access for delivery and that delivery is conducted in a timely fashion. Gift Packaging Direct Ltd reserves the right not to deliver the Goods if the delivery point is not suitable for delivery. The Buyer may incur additional charges if the delivery is delayed because of an act or omission by the Buyer, its employees or agents. If Gift Packaging Direct Ltd cannot deliver at the Invoice Address (or other agreed address) the Buyer must arrange collection from Gift Packaging Direct Ltd’s chosen place of storage and the Buyer will incur a storage charge of £50.00 per day of storage.

4.7 If Gift Packaging Direct Ltd delivers to the Buyer a quantity of Goods of up to 5% more or less than the quantity set out in the relevant Sales Order, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract Rate.

4.8 Gift Packaging Direct Ltd may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

4.9 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

5. NON-DELIVERY

5.1The quantity of any consignment of Goods as recorded by Gift Packaging Direct Ltd upon dispatch from Gift Packaging Direct Ltd’s principal place of business (or that of any third party) shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. Gift Packaging Direct Ltd (and/or its subcontracted party) will check that the order is dispatched in full and in good order. Deliveries are quoted as standard delivery time of up to 5 working days; prices for timed deliveries must be requested specifically in writing from the Gift Packaging Direct Ltd Account Manager. The Buyer must sign for all deliveries. The Buyer must count and check all cartons for visible exterior damage that may have affected the carton contents before a signature is submitted. Deliveries that are late or damaged due to carrier error, cannot be recovered from Gift Packaging Direct Ltd by the buyer more than the Gift Pack¬aging Direct Ltd insured amount of £90 net per delivery. Delivery charges are always quoted separately (unless requested otherwise) and it is expected that Recipients have full unloading facilities including access to property, forklift, pump trucks and labour to unload. Drivers are not permitted to aid unloading (and quoted for) unless agreed in writing in advance of dispatch. Restrictions on pallet dimensions including heights must be made clear at least 72hours in advance of shipping, otherwise our standard pallets are on various bases (from 800mm – 120mm) with a maximum height of 1.9m.

5.2 Gift Packaging Direct Ltd shall not be liable for any non-delivery of Goods (even if caused by Gift Packaging Direct Ltd’s negligence) unless the Buyer gives written notice to Gift Packaging Direct Ltd of the non-delivery within 10 working days of the date when the Goods would in the ordinary course of events have been received.

5.3 Any liability of Gift Packaging Direct Ltd for non-delivery or delivery of Goods which are defective from a technical point of view shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

5.4 If defective Goods are to be collected from the Buyer, Gift Packaging Direct Ltd will provide the Buyer with an airway bill for completion. This airway bill must be legibly completed in full at the time of collection and faxed to Gift Packaging Direct Ltd within 24 hours to confirm that the correct number of cartons has been collected by the signatured driver. No refunds or replacement goods will be given unless all Goods are received by Gift Packaging Direct Ltd in the same condition that they were originally received by the Buyer.

6. RISK/TITLE

6.1 The Goods are at the risk of the Buyer from the time of delivery.

6.2 Ownership of the Goods shall not pass to the Buyer until Gift Packaging Direct Ltd has received in full (in cash or cleared funds) all sums due to it in respect of:

(a) the Goods; and

(b) all other sums which are or which become due to Gift Packaging Direct Ltd from the Buyer on any account.

6.3Until ownership of the Goods has passed to the Buyer, the Buyer shall:

(a) hold the Goods on a fiduciary basis as Gift Packaging Direct Ltd’s bailee;

(b) store the Goods (at no cost to Gift Packaging Direct Ltd) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as Gift Packaging Direct Ltd’s property;

(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

(d) maintain the Goods in satisfactory condition and keep them insured on Gift Packaging Direct Ltd’s behalf for their full price against all risks to the reasonable satisfaction of Gift Packaging Direct Ltd. On request the Buyer shall produce the policy of insurance to Gift Packaging Direct Ltd.

6.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

(a) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and

(b) any such sale shall be a sale of Gift Packaging Direct Ltd’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.

6.5 The Buyer’s right to possession of the Goods shall terminate immediately if:

(a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or

(b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between Gift Packaging Direct Ltd and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or

(c) the Buyer encumbers or in any way charges any of the Goods.

6.6 Gift Packaging Direct Ltd shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Gift Packaging Direct Ltd.

6.7 The Buyer grants Gift Packaging Direct Ltd, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

6.8 Where Gift Packaging Direct Ltd is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by Gift Packaging Direct Ltd to the Buyer in the order in which they were invoiced to the Buyer.

6.9 On termination of the Contract, howsoever caused, Gift Packaging Direct Ltd’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.

7. PRICE

7.1 Unless otherwise agreed by Gift Packaging Direct Ltd in writing, and subject to conditions 4.7 and 4.8, the price for the Goods shall be the price set out in the Sales Order.

7.2 The price for the Goods shall be exclusive of any and all costs or charges in relation to repeat orders, packaging, loading, unloading, carriage, storage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.

7.3 All sums in this Contract shall be exclusive of VAT and any other taxes and duties which shall be payable by the Buyer at the prevail¬ing rate.

8. PAYMENT

8.1 The Buyer is not entitled to cancel the Contract or any order or any repeat order made under the Contract once the Contract has been signed or an Approval Form has been signed, whichever is the earlier.

8.2 Payment terms are specific to the order and the Buyer. The following terms apply to non account customers:

(a) Non-account customers: The Buyer is required to pay the Deposit (up to 100%) at the time Gift Packaging Direct Ltd receives the signed Sales Order. The balance of the order must be paid before Gift Packaging Direct Ltd dispatches the goods

(b) Account Customers; Terms will be confirmed in
writing before the order is accepted although for all
orders of custom made prod¬ucts, the initial call-off/advance copies or emergency balances are counted as the first delivery drop. Payment terms may not be changed mid-way through order.

8.3 If Gift Packaging Direct Ltd is unable to supply the Goods and/or offer suitable replacement goods, it shall advise the Buyer in writing and shall return the Deposit within 7 days of such notice.

8.4 Account customers (those customers who have received written confirmation from Gift Packaging Direct Ltd that they have been granted an account), shall ensure that Gift Packaging Direct Ltd has cleared funds of the outstanding amount within the credit time limit agreed, from which the date of the invoice counts as Day 1. Early settlement discounts will not be applied to invoices unless it has been stated on sales order confirmations/purchase order and agreed by Gift Packaging Direct Ltd before production starts.

8.5 The terms applicable to the Buyer under condition 8.2 or 8.4 will be specified on the Sales Order.

8.6 Subject to condition 8.10, payment of the price for the Goods is due in pounds sterling and can be made by cheque or BACs transfer, the Buyer paying any associated bank transfer charges. A BACs transfer should be made to the account set out in condition 8.7.

8.7 Currencies other than sterling can be accepted will be quoted at time of order and the value will be set on date of sales order raised. Currencies are calculated as daily average supplied by HSBC on day of raised sales order. For production of goods not produced in the UK, we reserve the right to increase the unit cost if the sales order is not signed within 24working hours of date. Clients will not be affected by currency fluctuations once the sales order is confirmed UNLESS payment is received late at which point, a surcharge will be raised at the new exchange rate for the total value of the invoice. Delivery will not be made until the full balance is cleared. Should the exchange rate be in sterling favour, the invoice will not be credited in any way. Customers may use any of the following methods of payment debit/credit card, cheque or BACs (details below):

Address: Barclays Bank Plc. 190 Tottenham Court Road, London, W1A 3AT, UK.
Sort Code: 20-65-82
Account Number: 73185125
Company Number: 06718371
VAT No.: 944 4426 16

8.8 Time for payment shall be of the essence.

8.9 No payment shall be deemed to have been received until Gift Packaging Direct Ltd has received cleared funds.

8.10 All payments payable to Gift Packaging Direct Ltd under the Contract shall become due immediately on its termina¬tion despite any other provision.

8.11 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order an amount equal to such deduction to be paid by Gift Packaging Direct Ltd to the Buyer.

8.12 If the Buyer fails to pay Gift Packaging Direct Ltd any sum due pursuant to the Contract, reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. In the event that Gift Packaging Direct Ltd engages debt collection agents to obtain payment, the Buyer will be required to pay all fees and charges incurred in collecting such debt.

9. QUALITY

9.1 The Buyer must check all deliveries at the time of delivery and advise Gift Packaging Direct Ltd in writing, within 48 hours of any defects or incorrect quantities. Gift Packaging Direct Ltd shall not be liable for any defects in the Goods unless Gift Packaging Direct Ltd is given a reasonable opportunity after receiving the notice of such defects to examine the Goods and the Buyer (if asked to do so by Gift Packaging Direct Ltd) returns such Goods to Gift Packaging Direct Ltd’s place of business at the Buyer’s cost for the examination to take place there. If the Goods or part of them are defective Gift Packaging Direct Ltd will at its discretion provide the Buyer with replacement goods for the defective goods and the cost of delivering the defective goods back to Gift Packaging Direct Ltd. In the event that the quantity of goods delivered falls short or exceeds the Goods ordered beyond the amount permitted in condition 4.7, Gift Packaging Direct Ltd will at its discretion provide the Buyer with either a credit note or a refund to the value of the undelivered goods.

9.2 Gift Packaging Direct Ltd shall not be liable for any defects in the Goods if:

(a) the Buyer makes any further use of part or all of such Goods after giving such notice; or

(b) the defect arises because the Buyer failed to follow Gift Packaging Direct Ltd’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or (c) the Buyer alters or repairs such Goods without the written consent of Gift Packaging Direct Ltd.

9.3 Subject to conditions 9.1 and 9.2, if any of the Goods do not conform with their description as set out in the Approval Form or the Sales Order, Gift Packaging Direct Ltd shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract Rate provided that, if Gift Packaging Direct Ltd so requests, the Buyer shall, at Gift Packaging Direct Ltd’s expense, return the Goods or the part of such Goods which are defective to Gift Packaging Direct Ltd.

9.4 If Gift Packaging Direct Ltd complies with condition 9.3 it shall have no further liability in respect of such Goods.

9.5 Any defective or incorrect Goods replaced shall belong to Gift Packaging Direct Ltd.

9.6 Custom made goods are guaranteed for a maximum period of 8 months from date of delivery. If specialist needs ought to be considered in the design of the product (e.g. maximum weights, compliance of material, storage at temperatures of less than 5 degrees centigrade or more than 25 degrees centigrade, exposure to bright light or use or storage in damp conditions), this should be made clear (in writing) at time of briefing.

10. LIMITATION OF LIABILITY

10.1 Subject to conditions 4, 5 and 9, the following provisions set out the entire financial liability of Gift Packaging Direct Ltd (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

(a) any breach of these conditions;

(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

(c) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.

10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.3 Nothing in these conditions excludes or limits the liability of Gift Packaging Direct Ltd:

(a) for death or personal injury caused by Gift Packaging Direct Ltd’s negligence; or

(b) under section 2(3), Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for Gift Packaging Direct Ltd to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

10.4 Subject to condition 10.2 and condition 10.3:

(a) Gift Packaging Direct Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrep¬resentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and

(b) Gift Packaging Direct Ltd shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

11. ASSIGNMENT

11.1 Gift Packaging Direct Ltd may assign the Contract or any part of it to any person, firm or company.

11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of Gift Packaging Direct Ltd.

12. FORCE MAJEURE

a) Gift Packaging Direct Ltd reserves the right to defer the date of delivery (without liability to the Buyer) if it is prevent¬ed from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Gift Packaging Direct Ltd including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

b) Gift Packaging Direct Ltd also reserves the right to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Gift Packaging Direct Ltd (as described in 12 a) provided that, if the event in question continues for a continuous period in excess of 60 days, the Buyer shall be entitled to give notice in writing to Gift Packaging Direct Ltd to terminate the Contract.

13. GENERAL

13.1 These Terms and Conditions, the Approval Form, the Sales Order and (where applicable) the Quality Control Statement and Production Schedule shall constitute the entire Contract between the parties in relation to Goods set out on the Sales Order.

13.2 The Contract may be varied by agreement only and in writing only. Any special conditions attaching to the Contract should be expressly stated in the Sales Order.

13.3 Each right or remedy of Gift Packaging Direct Ltd by Wrapology under the Contract is without prejudice to any other right or remedy of Gift Packaging Direct Ltd whether under the Contract or not.

13.4 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidabil¬ity, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.5 Failure or delay by Gift Packaging Direct Ltd in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

13.6 Any waiver by Gift Packaging Direct Ltd of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

13.7 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

13.8 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

14. COMMUNICATIONS

14.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post, by fax or by email:

(a) (in case of communications to Gift Packaging Direct Ltd) to its principal place of business or such changed address as shall be notified to the Buyer by Gift Packaging Direct Ltd; or

(b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or

(c) (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to Gift Packaging Direct Ltd by the Buyer.

14.2 Communications shall be deemed to have been received:

(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

(b) if delivered by hand, on the day of delivery; or

(c) if sent by fax on a working day prior to 4 pm, at the time of transmission and otherwise on the next working day; or

(d) by email received between 9am and 5pm.
Communications addressed to Gift Packaging Direct Ltd shall be marked for the attention of the accounts manager as named on the Sales Order.

3. Delivery Information

Price
All prices are displayed in Pounds Sterling and are inclusive of VAT (Value Added Tax) where applicable.

Delivery
UK mainland orders over £50.00 incl. VAT qualify for free standard shipping. Delivery to mainland UK is £6.25 for all orders under £50.00 inc VAT. For Channel islands, Northern Ireland, Republic of Ireland, Scottish Islands, Isle of Man and other countries an additional surcharge will be added for all order values. Begin to process order to be advised on the additional shipping cost based on your location. For EU countries please email for quote.

All orders are dispatched via Royal Mail or one of our preferred couriers. Most of our couriers require a signatory to confirm that the correct number of parcels has been received in good condition, so please ensure a designated representative from your company or address is available to receive and responsibly sign for parcels.

In the event of wrongly delivered goods, damaged goods or an incorrect amount of goods received, please contact us immediately initially be telephone (08444 778 777) and if it is not satisfactorily resolved, by writing within 7 calendar days of delivery.

We will endeavour to dispatch all orders within 1-2 working days and on rare occasion some items maybe out of stock, we will notify you of the estimated arrival date when you can decide whether or not to proceed with the order.

Who can order?
Anyone can order as long as they have a valid postcode and physical shipping address (ie. No postboxes please). We can ship most products internationally.

Ordering

Order Online
We offer 24hr on-line ordering through our website.

To order a product, simply ensure your product options are correct and click the add to basket button. You will then be asked if you would like to process the order or continue shopping. Click continue shopping if you wish to order more than one product. After you have completed your order you will automatically be sent an order confirmation by email.

Order By Phone
You can call us on +44 (0)8444 778 777 with details of your order but only orders placed on-line qualify for the UK mainland free shipping (order values +£50 incl. VAT) . The delivery charge will be quoted at time of order and will be calculated on an estimated kilo deadweight rate.

Security
Gift Packaging Direct Ltd take every precaution to ensure all of your details are kept confidential, all credit card details are taken via secure SSL (Secure Socket Layer) 128 bit encryption and for extra safety no credit card details are stored on-site.

Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a key. The site has also passed PCI DSS compliance tests that is now required by EMV.

Payment
We accept most major credit and debit cards. These include Mastercard, Visa, Switch, Solo, Electron and Delta. To prevent fraudulent orders, products will only be dispatched on receipt of cleared funds.
Please ensure you are familiar with our terms and conditions before ordering. A surcharge of 2% will be added to cover card merchant service fees when paying over the phone.

Gift Packaging Direct - Terms & Conditions

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Terms and Conditions:

1. Terms & Conditions of Sale. Part A

2. Terms & Conditions of Sale. Part B

3. Delivery Information

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