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BUSINESS TERMS AND CONDITIONS OF SALE
The following terms and conditions (“the Conditions”) govern your relationship with Ballistic Blue Ltd. If you do not understand any part of the Conditions please contact help@BallisticBlue.com or telephone our helpline on the number displayed on our website for further information and clarification. If you do not agree to the Conditions, you cannot register for or use the site at www.BallisticBlue.com. Please note that to use any of the services provided on the site, you are required to register as an authorised user on the site.
Your attention is in particular drawn to the provisions of condition 19.4
1 Interpretation and information about Us
1.1 The definitions and rules of interpretation in this condition apply in these Conditions:
Contract: any contract between Us and You for the sale and purchase of the Goods;
Goods: any Goods agreed in the Contract to be provided to You, including any ancillary services provided to You by Us, such as but not limited to design services.
Site: www.BallisticBlue.com;
We, Us, Our: Ballisticblue Limited (Company No. 48815) whose registered office is Bon Air, Bon Air Estate, St Martins, Guernsey. GY46SE whose main trading address is 3 College Street, St Peter Port, Guernsey, GY1 2NU . Our VAT number is GB728203743.
You, Your: the person, firm or company who purchases the Goods from Us.
1.2 A reference to a 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 Registration
2.1 You must ensure that the details provided by You on registration or at any time are correct and complete.
2.2 You must inform Us immediately of any changes to the information that You provided when registering by updating Your details.
3 Password and Security
3.1 When You register to use the Site You will be asked to create a password.
3.2 You must keep this password confidential and must not disclose it to or share it with any third party. You will be responsible for all activities and orders that occur or are submitted under Your password. If You know or suspect that a third party knows Your password You should notify Password@BallisticBlue.com immediately. You will be responsible for any misuse of the password by Your employees, agents or sub-contractors.
3.3 If We have reason to believe that there is likely to be a breach of security or misuse of the Site, We may require You to change Your password or We may suspend or terminate Your account.
4 Our Contract / The Ordering Process
4.1 Subject to any variation under Condition 4.2, these Conditions will apply to any Contract between You and Us for the sale of Goods and no other terms and conditions will apply to the Contract.
4.2 These Conditions apply to all Our sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by Our authorised representative. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in the Contract. Nothing in this condition shall exclude or limit Our liability for fraudulent misrepresentation.
4.3 Your order shall be deemed to be an offer to buy Goods subject to these Conditions.
4.4 At any time You may build an order for Our Goods by using the Site. You can see the price for such Goods by accessing either the Shopping Basket, Price Guide or Price Calculator sections of the Site.
4.5 When You place an order to purchase Goods from Us based upon the contents of Your Shopping Basket, We will send You an e-mail confirming receipt of Your order and containing details of Your order (the "Order Confirmation"). You must ensure that Your order is accurate in all respects and We will not be liable for any breach of the Conditions as a result of Your mistakes.
4.6 Your order represents an offer to Us to purchase Goods which is accepted by Us and becomes a legally binding Contract between You and Us when We send the Order Confirmation.
4.7 Acceptance will be complete at the time We send the Order Confirmation to You. Any Goods on the same order which We have not confirmed in the Order Confirmation to have been ordered do not form part of that Contract.
4.8 At some point after We send the Order Confirmation (usually within 24 hours) We will release the details of Your order from Our site, change the status of Your order from "pending" to "in progress", begin to process Your order and take payment from Your credit card. This is known as "Release".
4.9 We will send You a further e-mail when Your order has been dispatched to You (the "Dispatch Confirmation E-mail").
5 Goods and Services
5.1 From this Site We can provide You with a range of design services and products (which may be printed, electronic or mobile products) as detailed on Our Site including but not limited to:
5.1.1 Printed postcards or cards with or without envelopes sent to You or to a single alternate delivery address nominated by You;
5.1.2 Printed postcards or cards with or without envelopes sent directly to the mailing addresses of Your clients or other recipients;
5.1.3 HTML and flash e-cards;
5.1.4 Personalised products and promotional merchandise;
5.1.5 Promotional cards and newsletters;
5.1.6 Business stationery including business cards, compliment slips and letter heads; and
5.1.7 Such other products or services as We may introduce or supply from time to time.
5.2 For the avoidance of doubt other complementary goods and services which We may provide free of charge from time to time such as but not limited to the sending of e-mail reminders, the event calendar and contact addresses are not Goods and We reserve the right to withdraw such goods or services at any time and We take no liability for any losses caused by any change to or cessation of these complementary goods or services.
6 Returns
We do not operate a returns policy as Our Goods are bespoke.
7 Delivery and Dispatch
7.1 We will deliver any Goods ordered by You in accordance with the Order Confirmation. The nature of Our Goods and the different printing methods used mean that some Goods can be dispatched more quickly than others. Subject to Condition 7.2, We aim to dispatch Our Goods within the following time periods:
7.1.1 Printed postcards, cards and other Goods described in Condition 5.1.1 and 5.1.2 and ordered in quantities of 200 or less will normally be dispatched within 2 working days from the date You receive the Order Confirmation with the exception of Wedding Stationary & Christmas Greetings Cards which will be dispatched within 10 working days;
7.1.2 Printed postcards, cards and other Goods described in Condition 5.1.1 and 5.1.2 and ordered in quantities of over 200 will be dispatched within 4 working days from the date You receive the Order Confirmation;
7.1.3 Business cards, compliment slips, letter heads and other Goods described in Condition 5.1.6 will normally be dispatched within 15 working days from the date You receive the Order Confirmation;
7.1.4 All other Goods will normally be dispatched within 28 working days from the date You receive the Order Confirmation.
7.2 We may not be able to dispatch the Goods in accordance with the time periods set out in Condition 7.1 above if:
7.2.1 Your order is placed after 12 noon on the day You place Your order; or
7.2.2 You require any alterations to be made to Your Order after You have placed Your order; or
7.2.3 Our customer services team discover a mistake or inconsistency in Your Order prior to Release. This is because a member of Our customer services team will try to contact You to rectify the mistake or inconsistency and this may delay dispatch.
7.3 All Our Goods will be delivered to You by Royal Mail or a suitable alternative carrier. During the ordering process, You will be given the option to request and pay for special delivery or alternative traceable delivery service. If You choose to pay for special delivery (or alternative traceable delivery service) the Goods will usually be delivered to You more quickly than if the Goods are delivered by first class post. We cannot guarantee delivery times as these are not within Our control, but as a general guide, if the Goods are delivered to You by first class post they are likely to arrive between 1–3 working days after they are dispatched whereas Goods ordered by special delivery (or alternative traceable delivery service) should normally arrive on the next working day following dispatch. We strongly recommend that You choose to pay for special delivery (or alternative traceable delivery service) as this enables Us to track the Goods during delivery. If You do not choose to pay for special delivery (or alternative traceable delivery service) We will have no control over the delivery of the Goods, and there is an increased risk that You will encounter problems if the Goods are lost or if delivery is delayed as We will not be able to track the delivery of the Goods.
7.4 If We do not think that We can deliver the Goods to You within the time agreed, We will inform You of this before the due delivery date and will indicate when the Goods are likely to be delivered.
7.5 The time periods for dispatch and delivery set out in Condition 7.1 and any dates specified by Us for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence and shall not be made of the essence by notice.
7.6 Subject to the other provisions of these Conditions We 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 Our negligence), nor shall any delay entitle You to terminate or rescind the Contract unless such delay exceeds 90 days.
7.7 When We deliver Goods directly to You or Your recipients We will act as Your agent and You authorise Us or Our third party service provider to pay Royal Mail or suitable alternative carrier for delivery on Your behalf.
7.8 We may use the services of a third party to produce, print and deliver part or all of Your order to You. We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
7.9 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle You to repudiate or cancel any other Contract or instalment.
8 Non-delivery
8.1 The quantity of any consignment of Goods as recorded by Us upon despatch from Our place of business shall be conclusive evidence of the quantity received by You on delivery unless You can provide conclusive evidence proving the contrary.
8.2 We shall not be liable for any non-delivery of Goods (even if caused by Our negligence) unless You give written notice to Us of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
8.3 Any liability of Us for non-delivery of the Goods 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.
9 Cancellation
9.1 You may cancel Your order at any time before Release. If You wish to cancel Your order You should access the "Previous Order" section of "My Account" on the Site. If there is an option to "Cancel Order" on the web page You should select this option. If this option is not available then this indicates that Your Order has been Released and You no longer have an automatic right to cancel Your order. This is because We will have begun to process and print Your personal order which We will not be able to re-sell to any third party.
9.2 We may, in Our discretion, allow You to cancel Your order after Release. If You wish to cancel Your order after Release You should telephone Our helpline and We will advise You whether or not We will allow You to cancel Your order. This decision will be in Our absolute discretion.
10 Your Obligations
10.1 In order to allow Us to provide You with the Goods You require and associated services it is important that You comply with the following obligations:
10.1.1 to ensure that Your contact and delivery details and the contact and delivery details of any third party who is to receive the Goods are correct;
10.1.2 not to use any services for any immoral or illegal purpose, or to infringe any third party's intellectual property rights or their rights under data protection laws or to distribute unsolicited advertising or junk mail;
10.1.3 not to misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
11 Personalised Services
Where You have ordered "Personalised Services" (personalised services are those where You have inserted Your own wording or text or designed Your own cards or other Goods), You must check that there are no spelling, grammar or other errors and that You are happy with the wording, text, formatting, layout and design. You must insert Your initials on the Website to indicate that You have done this and We will have no liability to You if You find a subsequent error or mistake or are unhappy with the wording, text, formatting, layout or design You have chosen or inserted.
12 Price and Payment
12.1 The prices payable for the Goods that You order are clearly set out on the Order Confirmation. If, by mistake, We have under-priced any Goods, We will not be liable to supply those Goods to You at the stated price. All prices are expressed inclusive of VAT payable unless otherwise stated.
12.2 You can pay by most credit/debit cards, MasterCard or Visa credit card, Delta debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged for Goods at Release when We release the details of Your order from Our Site for processing and printing. This is prior to dispatch.
13 Quality of Goods
13.1 We warrant that (subject to the other provisions of these Conditions) upon delivery, the Goods shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b) be reasonably fit for purpose.
13.2 We shall not be liable for a breach of any of the warranties in Condition 13.1 unless:
13.2.1 You give written notice of the defect to Us within 7 days of the time when You discover or ought to have discovered the defect; and
13.2.2 We are given a reasonable opportunity after receiving the notice of examining such Goods and You (if We ask You to do so) return such Goods to Our place of business at Our cost for the examination to take place there.
13.3 We shall not be liable for a breach of any of the warranties in Condition 13.1 if You make any further use of such Goods after giving notice in accordance with Condition 13.2.
13.4 Subject to Condition 13.2 and Condition 13.3, if any of the Goods do not conform with any of the warranties in Condition 13.1 We shall at Our option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if We so request, You shall, at Our expense, return the Goods or the part of such Goods which is defective to Us.
13.5 If We comply with Condition 13.4 We shall have no further liability for a breach of any of the warranties in Condition 13.1 in respect of such Goods.
14 Warranty of Quality of Social Products
14.1 We are confident that You will be happy with the quality of Our Goods and, in addition to the warranties set out in Condition 13, We warrant that, if You are not entirely satisfied with any social products You have ordered from Us that have been selected from the "Social Products" section of Our Website and delivered to a single address, We will provide You with a full refund within 30 days provided that:
· You comply with all of Your obligations as set out in these Conditions; and
· none of the exceptions set out in Condition 14.2 apply; and
· You follow the procedure set out at Condition 14.3.
This is known as Our "Money Back Guarantee".
14.2 The Warranty set out at Condition 14.1 above will not apply:
· to Goods that have been delivered directly to the mailing addresses of Your recipients; or
· to Goods which are business products selected from the "Business Products" section of Our Website; or
· where the reason You are not happy with the quality of Our Goods is because You have ordered "Personalised Services" and You are not happy with the wording, text, formatting, layout or design You have inserted and You have previously indicated You were happy with such wording, text, formatting, layout and/or design by inserting Your initials on Our Website in accordance with Condition 11; or
· to Goods that have been supplied as a sample.
14.3 If You are not entirely satisfied with the Goods, and wish to claim a refund in accordance with this Condition, please contact Customer Services in writing by emailing help@ballisticblue.com, marking Your email "Money Back Guarantee".
15 Expiry Date on Payment Card
Please ensure that the expiry date on Your payment card is after the anticipated delivery date of Your order. Payment is taken at the point of Release for billing and in the event that the payment card has expired We will be unable to take payment and fulfil Your order. If We are unable to take payment You will receive an automated e-mail from Us explaining that Your card has failed and that We cannot fulfil Your order. If You would like Us to continue with Your order You should contact Us and provide payment by an alternative credit card. You may wish to consider using Prepay in order to circumvent this problem.
16 Goods Pre Payment and Bonus Credits
16.1 Rather than have to use Your credit or debit card each time You place an order with Us We offer a facility whereby You can charge an amount to Your credit or debit card, usually between £20 and £500 but subject to Our discretion from time to time, to place into Your account (“Prepay”) with Us. Such amounts will be immediately charged to Your card at the point of Prepay.
16.2 Your Prepay can be used as a method of payment for any Goods You wish to order from Us.
16.3 We offer, subject to the amount You place each time into Your Prepay account, to match a proportion of Your payment into Prepay by way of adding an additional credit to Your account (“Bonus Credit”). This is normally an additional 10% of any amount over and including £50 each time You place such amount into Your Prepay account but We do reserve the right to change such percentage from time to time.
16.4 Your Bonus Credit will be used against any order placed on Us by You up to and including a total value of 10% (or any percentage that prevails at the time or order) of each order until the Bonus Credit is reduced to zero.
16.5 Any refunds of orders will place the Bonus Credit back into a separate pool and at no point will any Bonus Credit be for use other than as a discount to purchase product from Us by You.
16.6 Any refunds of Prepay to You will automatically reduce and associated Bonus Credit that was provided with that Prepay and as such the Bonus Credit will then not be available for use on the Site.
16.7 We will have the right to close any Prepay account that has not been accessed or used for a period of two years or greater and if after a reasonable attempt to contact You by e-mail or other electronic form, We cannot find You, the balance will be taken as a closure cost for the account.
17 Availability
The product list availability information for Goods provided by Us on the Site is included on each product information page. Beyond what We say on that page or otherwise on the Site, We cannot be more specific about availability. As We process Your Order, We will inform You by email if any Goods You Order turn out to be unavailable and will ask You to contact Our helpline where You will be given the opportunity to choose alternative Goods or to cancel the part of Your Order relating to the unavailable Services . We will provide You with a full refund in respect of any cancelled unavailable Goods.
18 Customer Complaints
18.1 In the unlikely event You are dissatisfied with Our Services You should e-mail help@BallisticBlue.com or telephone Our helpline with details of Your complaint.
18.2 We will acknowledge Your complaint within 5 working days, giving You the name of the person dealing with Your complaint.
18.3 We guarantee that We will investigate Your complaint thoroughly.
18.4 We aim to provide You with a full response within 10 working days.
18.5 If We believe Your complaint to be valid We will provide You with a full refund or re-perform the Services.
19 Limitation of Liability
19.1 Subject to Condition 7, Condition 8, Condition 13 and Condition 14, the following provisions set out Our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of:
19.1.1 any breach of these Conditions;
19.1.2 any use made or resale by You of any of the Goods, or of any product incorporating any of the Goods; and
19.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
19.2 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.
19.3 Nothing in these conditions excludes or limits Our liability:
(a) for death or personal injury caused by Our negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Us to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
19.4 Subject to Condition 19.2 and Condition 19.3:
(a) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) We shall not be liable to You 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.
19.5 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site.
20 Indemnity
In addition to any other remedy available to Us, You agree to irrevocably and unconditionally indemnify Us in full and on demand and keep Us so indemnified from and against all claims, demands, actions, proceedings and all damages, losses, costs and expenses (including legal and other professional advisers' fees and all economic loss whether direct or indirect (including loss of profit, future revenue, reputation or goodwill and anticipated savings)) which are made or bought against or incurred or suffered by Us directly or indirectly and whether wholly or in part resulting from (a) Your breach of these Conditions, (b) Your breach of Our privacy policy whether or not such losses or the consequences were foreseeable.
21 Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to the Site, policies, and the Conditions at any time. You will be subject to the policies and Conditions in force at the time that You use the Site or that You order Goods from Us, unless any change to those policies or the Conditions is required to be made by law or government authority (in which case the change will also apply to orders previously placed by You).
22 Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with Our obligations under the Conditions if the delay or failure arises from any cause which is beyond Our reasonable control including, without limitation, where You have provided incorrect information, where Your message mail box is full and You cannot receive additional messages, when Your phone is switched off or out of range or for some other reason You cannot be reached, 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, 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 the Company to terminate the Contract.
23 Breach of Contract/Insolvency
23.1 We shall have the right at any time and for any reason to immediately terminate the Contract in whole or in part by giving You written notice, whereupon all work on the Contract shall be discontinued without liability to Us, if You commit a material breach of any of the Conditions of the Contract.
23.2 The termination of the Contract, however arising, shall be without prejudice to Our rights and duties accrued prior to termination. The Conditions which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination.
24 Entire Agreement
These Conditions contain the entire agreement and understanding between the parties in relation to the subject matter of these Conditions, and each party acknowledges that it has not relied upon any oral or written representations made to it by the other party or its employees or agents.
25 Assignment/Third Parties
25.1 We may assign the Contract or any part of it to any person, firm or Company.
25.2 You may not assign the Contract or any part of it without Our prior written consent.
26 Ballistic Blue's Right to Suspend or Cancel Your Registration or access to the Site
26.1 We may suspend or cancel Your registration or access to the Site immediately at Our reasonable discretion or if You breach any of Your obligations under the Conditions.
26.2 You can cancel Your registration at any time by informing Us in writing. If You do so, You must stop using the Site.
26.3 The suspension or cancellation of Your registration and Your right to use the Site shall not affect either party's right or liabilities under this Contract. All sums due to Us shall become payable immediately.
27 Intellectual Property
All intellectual property rights vested in the Site, the content of the Site or the services that We provide shall belong to Us absolutely (or have been licensed to Us). All rights are reserved.
28 Data Protection
We process information about You in accordance with Our privacy policy. By using Our Site, You consent to such processing and You warrant that all data provided by You is accurate.
29 General
29.1 Each of Our rights or remedies under the Contract is without prejudice to any other of Our rights or remedies whether under the Contract or not.
29.2 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, voidability, 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.
29.3 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of Our rights under the Contract.
29.4 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
29.5 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.
29.6 This Site is not intended for distribution to, or use by, any person in a country where such distribution or use would be contrary to local laws or regulations
29.7 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.