TERMS AND CONDITIONS OF TRADING

You are judged to have read and understood these conditions. It is a condition of placing an order that you are bound by these terms. Reflex Media (hereafter referred to as "Reflex",  “the company” or “the Seller”) will not be bound by any conditions imposed by the customer (hereafter referred to as the “buyer” or “customer”), unless agreed in writing and signed by all company directors or partners.

MAIN POINTS OF INTEREST

No order will go to print until payment has been made in full.

Design service will not be undertaken until payment has been received in full.

Payment can be made via Paypal (an Ebay registered company), online using debit or credit card or by cash/postal order via post. Cheques & E-Cheques will not be accepted.

All proofs must be requested in writing within 1 hour of ordering if required. If proofs are not requested within 1 hour, customers artwork will go to print.

No order requiring design work will go to print until confirmation of approval from the customer has been received.

Once an order for printing has been placed and artwork provided, the order cannot be amended, changed or cancelled in any way if the printing process has commenced.

Printing & delivery is handled by external companies as used by us to suit our services on offer and the customer must also adhere to their terms & conditions. If a conflict in terms and conditions arises between the company and an external company, priority and powers of agreement is given to the external company over Reflex Media’s terms & conditions.

All print will be returned within a set turnaround detailed on the Reflex Media web site. The company cannot guarantee to adhere to the turnaround times stated and will not accept any liability if the turnaround time is not met.

Turnarounds come into effect at 10am on first working day after payment is made and artwork is approved.

For example: if payment is made at 3pm on Wednesday then the first working day is Thursday.

If proofs are not requested or the company is asked to go straight to print, we will go to print when the design has been completed.

Please label files uploaded via the web site, sent to us via email or otherwise clearly. Do not include files that are not connected to the print/design job.

Reflex Media cannot be held responsible for printing or designing with incorrect files or files containing incorrect information if proofs are not requested.

Goods will be despatched using a courier supplied by the printing supplier. Reflex Media can (in most but not limited to all cases) supply a consignment number for tracking deliveries if required after the items have been shipped.

If a separate delivery address is not stated on the order the goods will be delivered to the Paypal address, billing address or first address supplied.

Reflex Media will not be responsible for tracking deliveries on behalf of the customer. A consignment number can be obtained (in most but not limited to all cases) on request to allow tracking.

Lost, missing, or damaged deliveries must be reported in writing within 3 working days of delivery due date for claims to be made. It is the customer’s responsibility to claim from the courier directly and we will not be involved in any proceedings when possible.

All complaints must be submitted in writing within 3 working days.

PRELIMINARY & ONGOING DESIGN WORK.

All preliminary work undertaken whether experimentally or otherwise will be charged under the outlined flat-fee rates listed on our web site. After a first proof approval of design work produced by the company for the customer, amendments and alterations to the design can be made on two separate occasions. Each occasion will be separated by another proof approval by the customer. If after this period, the customer is still not happy with the design, they will be charged an extra fee of anything up to £49. The order initially undertaken by the customer is then not bound by our turnaround times listed on the web site. Reflex Media reserves the right to cancel the order after the 2 amendments without offering a refund or credit to the customer.

QUOTATIONS.

Reflex Media will not be bound by any price quoted on the telephone. A firm quotation in writing signed by both parties shall be the only binding form and will be given and deemed valid only after the company have received and examined the necessary documentation.

ORDERS.

Any contract or agreement made between the Company and the Customer (hereinafter also called “the Contract”) shall incorporate and be subject to these Conditions; any other terms that the Customer shall seek to incorporate into the Contract are hereby expressly excluded. Any extra terms and conditions made by the company included in the written contract shall also be in effect alongside these terms and conditions. An order shall be deemed to be accepted by Reflex Media on receipt of authorisation whether by fax, e-mail, or verbal. No order of the Customer placed with the Company (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by the Company in writing. The Company is not obliged to accept cancellation of accepted orders and may require payment of a cancellation charge before accepting any cancellation. Specifications and price lists are issued for information purposes only, and do not constitute contractual offers for sale; they are subject to alteration or withdrawal without notice.

PRICED SAMPLES.

Prices quoted in writing are based on current costs of production and, unless otherwise agreed in writing are subject to amendment at any time after authority is given to print, to meet any rise or fall in such costs by the company or any external companies. The price of the goods shall be in accordance with our official list price for the goods on delivery thereof provided that such price shall be subject to adjustment without notice.

PROOFS AND ERRORS.

An extra charge will be made for corrections, amendments, alterations in style or content after 2 corrected proofs. This fee may be up to £49. On request proofs are available for customer’s approval. All proofs must be requested in writing within 1 hour of ordering if required. If proofs are not requested within 1 hour, customers artwork will go to print. No responsibility or liability will be accepted by Reflex Media for- (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions that allow for artists' license (iii) any errors in spelling or grammar made by our designers where proofs have been submitted to the customer. Any orders taken by telephone will be accepted only at the customer's own risk. An order form and signature should accompany all orders from the company and shall then be deemed as a contract with the company and the buyer. Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Proofs are not colour calibrated or at full resolution and no responsibility will be accepted for deviations in colour or resolution from the proof supplied. Any complaints about services provided or work supplied deemed by the buyer to be the fault of Reflex Media should be submitted in writing within 3 days of delivery or receipt of invoice, whichever occurs sooner. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. The company shall only consider gaining from the supplier financial recompense upon return of the goods in full.

PAYMENT.

Reflex Media shall be entitled to invoice or provide a receipt for the customer for the price of the customer's order when the order has been completed, whether or not the goods have been collected or delivered to the customer. Payment shall become due upon notification to the customer that the order has been completed. Printing quotes from Reflex Media include a print management fee to cover the costs involved in finding customers the best price and process. In the event of cancellation of order the customer agrees to pay Reflex Media the print management fees incurred up to the point of cancellation which shall be £30 per hour or 20% of job cost whichever is the greater. If the customer fails to supply requested information for a period exceeding 10 working days, thus preventing the completion of the order, the compnay will be entitled to invoice for the full amount. If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available, the company shall be entitled: - to cancel the contractor or suspend any further deliveries to the customer; to appropriate any payment made by the customer as Reflex Media may think fit (notwithstanding any purported appropriation by the customer); and to charge the customer with all costs and expenses involved in collecting the overdue payment. If a debit, credit card or Paypal account has been used to make previous payments we reserve the right to continually request and charge any overdue balance from the account if we are unable to obtain payment by any other method. A Finance Charge will be made on unpaid balances at the rate of 12% per month. This charge will be computed by applying the monthly rate to the statement value at the start of each calendar month, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest). The buyer shall be liable to pay in the event of late payment even after payment of the principal sum, acceptance of which does not absolve the buyer from liability for such interest. Payment with 10-30 day terms is valid only on submission and approval of the appropriate form, which will be a signed order form from Reflex Media. 10-30 day terms are subject to withdrawal at any time. No customer will be entitled to receive credit from the company at any point unless issued on a form created by the company and signed by a company director. Any customer that qualifies for a refund will be refunded immediately. Refunds take up to 30 days to clear into customers accounts via original method of payment. Deliveries of orders will be suspended on all overdue payments. Any Paypal payments returned or stopped will be charged to the customer at £10 per instance, and orders will be placed immediately on stop. Any cash sent to and not received by the company, will not become the responsibility of Reflex Media but the customers to trace and claim from the appropriate postal or courier service used for delivery.

DELIVERY.

Goods will be delivered by the most economical means by a carrier of choice made by an external company or Reflex Media. Should the customer specify another means i.e. “overnight AM” we will contact the external company being used to arrange this. If this is possible, we will only confirm this means of delivery with the external company when any additional charges outlined by the external company plus a small fee of up to £10 have been paid to Reflex Media. If the company undertakes to deliver the goods on or before a stated date, it shall use its best endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall the company be liable for any resultant damages consequential or otherwise occasioned by reason of a delay. Customers should specify a business address for delivery. Reflex Media shall not be held responsible in cases of a residential address being rejected by the courier or delivery not being made on the day requested due to the address being residential. Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the client. The external companies used by Reflex Media are understood and expected to use couriers who insure goods for their value at point of sale but this cannot be guaranteed. The signature of any employee or agent of the buyer is proof of receipt. In the event that Reflex Media or any external companies used cannot or do not obtain a signature the risk in the goods will nonetheless be born by the client. The buyer will be liable for any additional carriage, storage charges, losses or damages arising if the customer refuses to take delivery of the goods ordered. If the goods are left at a different address than the one detailed on the delivery address to the courier, the customer is bound by the courier's terms and conditions and Reflex Media will not be held responsible or be involved in any proceedings in this matter where possible. The Company and external companies used reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may or may not be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods. Reflex Media will not be involved in any process if delivery has been attempted and will not attempt to schedule any re-delivery times or dates on behalf of the customer.

LIABILITY.

Reflex Media shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery, including any alleged loss suffered from cessation of web services due to non-payment and/or due to holding pages posted or comments made stating that web or other services have been ceased due to non-payment. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, the company’s liability (if any) shall be limited to rectifying such defects in so far as Reflex Media is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.

UNDER OR OVERSUPPLY.

The amount of goods delivered shall be that ordered and stated on the Order Confirmation in writing which is sent via email or post. Reflex Media and any external companies used reserves the right to supply either under or over the ordered amount by 20%. Undersupply shall be subject to a discount based on the proportion supply issued by the external company used. Oversupply will not be charged for. When time is at a premium we reserve and any external companies used reserve the right to oversupply to allow for cast-offs. External companies used will usually strip out all bad print, however if they supply faster than their stated turnarounds they may have to leave in cast-offs. In the event of this happening responsibility lies with the client to remove all cast-offs up to 20% of the order.

QUALITY.

Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to the Seller or not, are excluded. It is accepted that in the event of Reflex Media and any external companies used performing the service within a faster timescale than our stated one, that there may not be time for adequate quality control and a small proportion of “run-in” work (up to 20%) may be supplied to the client. This is agreed by the client to be no cause for complaint or dispute. In the event of any goods proving defective by more than 20% however, the Seller is prepared at its sole option either: - a) to replace such materials free of charge, at the place of delivery and in the condition originally specified. b) to refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages. For this warranty to apply the goods must:- (i) have been accepted and paid for by the Buyer and (ii) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship., The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller’s control. Any materials or products refunded must be returned to the seller in full before this can take place. This warranty does not cover any defects caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer. In the event of any such instance, Reflex Media undertakes to pursue the matter to the best of its ability with the third party involved. Time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order. No refund or cancellation of order is permitted due to third party errors. No refund is permitted to design errors after confirmation of approval by the customer.

EXCLUSION.

Neither the company nor any of its suppliers, associate companies, officials, employees, shall be liable to the buyer or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of the company to deliver any goods timorously or at all or for any defects in goods arising from any other cause whatsoever, and the buyer hereby indemnifies the said parties and holds them harmless against all such claims and undertakes to be solely responsible for the satisfaction of all third party claims.

OFFERS AND STATEMENTS.

All special offers are governed by these and their own terms and conditions not stated on this form but made available upon request and created or amended at any time. Reflex Media reserve the right to cancel any offer at any time without exception. “Some of the UK's lowest prices” statement and any similar consist of a belief by Reflex Media to have the lowest flat rate design or printing prices and is priced against other companies quotes of design fees per hour or retail printing fees. The design fee issued by the company is exempt from any time restrictions imposed by the customer. In the event of different companies beating our design flat fee rates, the company shall endeavour to amend its own rates to be lower or match the external companies but this may not always be possible. Reflex Media will not be held responsible for undermining any other companies or portraying a false image due to our statements and offers. If the company does portray a false image or can be deemed as "false advertisers" based upon its statements, it is purely an error made by the company and is completely unintentional and the company will not be held responsible for any losses or damages created or incurred onto others. The company will not be held responsible for any losses incurred by any external company by the use of its statements and offers. The guarantee of turnaround times is a courtesy extended to customers solely at our discretion and in most cases will not be offered. For the purposes of return times, dates will be calculated on the basis of supply before 8am midday. Work submitted after 8am will count as submission the following day. Refunds are subject to individual consideration and withdrawal at any time.

ERRORS AND OMISSIONS.

Price lists, acknowledgements, invoices and the like are subject to correction and amendments at any time for any errors or omissions even after any payment by the customer has been paid.

THE COMPANY'S ARTWORK.

Artwork and any other property used or created by Reflex Media on behalf of a customer will be held and worked upon at the customer’s own risk. Any artwork used by the company may be subject to Copyright Protection laws. The company endeavours to use royalty free artwork that is not subject to any copyright laws. However, if it does appear to have breached any copyright laws or have conducted any acts of plagiarism, it is completely accidental and unintentional. Every effort to obtain licensing of known copyrighted artwork will be made when required but may be sometimes unavailable and the company is happy to negotiate within reason any licensing fees after the production of any copyrighted material if any external artists, companies or organisations have been affected by this in terms of loss or damage.

CUSTOMER’S ARTWORK.

Customer’s artwork and any other property supplied to Reflex Media by or on behalf of a customer will be held and worked upon at the customer’s own risk. Upon confirming the proof approval sent to them over the phone, email or otherwise by the company, the customer understands and is also confirming that they may be held fully responsible if any law is broken regarding copyright issues of any files or imagery sent to Reflex Media to be used in their artwork design.

CUSTOMER’S OWN MATERIALS.

Reflex Media and any external companies used reserve the right to reject any files, imagery, paper, plates or other materials supplied or specified by the customer which in Reflex Media’s sole discretion it considers to be unsuitable. The company reserves the right to make additional charges for any additional costs incurred if such materials are found to be unsuitable during production.

INDEMNITY.

a) The customer shall ensure that he/she has full authority to reproduce any material in which copyright subsists and Reflex Media reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party. b) The customer shall fully indemnify Reflex Media against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name, industry guidelines or any other intellectual property rights protected in the United Kingdom or any laws for the time in force in the United Kingdom by the publication or use or sale of the goods and against all costs and damages which Reflex Media may incur in any action for such infringement for which the compnay may become liable. c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, Reflex Media shall be promptly notified thereof. d) The customer warrants that any design material, email, verbal or SMS content, or instructions furnished or given by him/her are not libellous or such as will cause Reflex Media to infringe any copyright letters patent, ICTSIS code of conduct, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United Kingdom in the performance of the contract.

STORAGE.

If for any reason the customer is unable to accept delivery or collect the goods at the time when the goods are ready Reflex Media shall be under no obligation to store their order. Any orders that are not accepted or failed to be received by the customer from a courier or postal service will be bound by the couriers/postal services terms and conditions. Reflex Media will not be involved in this process if delivery has been attempted and will not attempt to schedule any re-delivery times or dates on behalf of the customer.

RISK & OWNERSHIP.

Ownership of the goods being the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of uplift to the customer or where stored in accordance with ‘storage’ above. Rights of ownership of all artwork and multimedia work remain with Reflex Media excepting where a specific fee has been paid for the ownership of these services and a statement/certificate has been issued with the invoice. Reflex Media always reserve the right to use clients’ artwork and/or printed material within our own marketing material. The customer cannot reproduce any material designed by the company for them without express permission or buying the rights to the design or part of the design. Editable artwork such as logos or otherwise may be purchased by the customer from the company for a fee determined by the company. The company still obtains the right to use this material purchased by the customer for its own needs.

MISCELLANEOUS.

The buyer shall be liable for all legal costs (including attorney and own costs, collection, commission and tracing agents’ charges) incurred by the company arising out of any breach of the buyer’s part. In the event of any breach on the buyer’s part, the company shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.

CANCELLATION & REFUNDS.

Subject to the provisions hereof, no contract shall be capable of cancellation. Partial refunds are available to customers unhappy with design work who have paid for design, print & delivery packages only. The fees for design paid cannot be refunded. Refunds will take up to 30 days to clear via original method of payment. Alternative methods of refunds are not available. Any customer that requests a refund for any delayed or cancelled printing jobs 30 days or more after the initial order was placed, shall be charged a £10 fee to cover banking costs & admin. Any customer who cancels their printing order before their artwork has been printed, will be charged a £10 fee to cover our courier booking fee which is automatically booked at the time of ordering.

FORCE MAJEURE.

Reflex Media will make every effort to carry out the customer's instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond the company’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of rnachinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Reflex Media’s and external companies used control. During the continuance of such contingency the customer may by notice in writing to Reflex Media elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.

JURISDICTION.

These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of England. Acceptance of the terms herein and all other terms of the contract is a necessary condition of any work entered into with Reflex Media and is not subject to approval or examination.

CORRESPONDENCE.

All correspondence should be addressed to Reflex Media’s postal address at: Reflex Media, 31 Dale Street, Manchester, M1 1EY.