Terms & Conditions
Beautiful LFP Terms and Conditions for the Sale of Goods.
1.1 In these Conditions:
“BUYER” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
“GOODS” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
“SELLER” means Simply Beautiful Print Limited (registered in England under number 07737396).
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
“CONTRACT” means the contract for the purchase and sale of the Goods.
“WRITING” includes fax, email, letter, and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 The Seller shall sell, and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract, the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application, or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the Seller shall be corrected without any liability on the part of the Seller.
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 The quantity, quality, description, and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller). The Seller will endeavour to produce the goods in accordance with the agreed order between the Buyer and the Seller but will offer no guarantee or warranty that the product is fit for the Buyer’s intended purpose.
3.4 Any delivery date quoted is subject to the Buyer delivering to the Seller agreed artwork and acceptance of these Conditions before the date specified in the Quotation and, unless the Quotation provides to the contrary, is for guidance only. The Seller shall not be liable to the Buyer for non-delivery, nor shall the Buyer be entitled to cancel the contract as a consequence.
3.5 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs, and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trademark, or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.6 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.7 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges, and expenses incurred by the Seller as a result of cancellation.
4.1 The price of the Goods shall be the Seller’s quoted price. All prices quoted are valid for 7 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, foreign exchange fluctuations, currency regulation, alteration of duties, or significant increases in the costs of labour or materials).
4.3 Except as otherwise stated under the terms of any quotation or agreed in writing between the Buyer and the Seller, all prices are exclusive of VAT and delivery charges, which shall be added to the total price payable by the Buyer.
4.4 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but will be fully credited if returned undamaged to the Seller before the due payment date.
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which case the Seller may invoice the Buyer at any time after the Seller has notified the Buyer that the Goods are ready for collection or delivery.
5.2 The Buyer shall pay the price of the Goods within the terms specified in the Seller’s invoice unless otherwise agreed in Writing. Time for payment shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3 If the Buyer fails to make any payment on the due date, the Seller shall be entitled to:
5.3.1 Cancel the Contract or suspend any further deliveries to the Buyer;
5.3.2 Appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
5.3.3 Charge the Buyer interest at the rate of 4% per annum above Barclays Bank Plc base rate, compounded weekly, until payment is made in full (a part of a month being treated as a full month for this purpose).
5.3.4 Recover from the Buyer all reasonable costs incurred in recovering outstanding payments, including legal fees and debt recovery charges.
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises after the Seller has notified the Buyer that the Goods are ready for collection or, if agreed in Writing, by the Seller delivering the Goods to the agreed delivery location.
6.2 Any dates quoted for delivery of the Goods are approximate only, and the Seller shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence unless agreed otherwise in Writing.
6.3 The Seller may deliver the Goods in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.4 Where the Goods are delivered in instalments, each instalment shall be treated as a separate Contract. Failure by the Seller to deliver one or more instalments shall not entitle the Buyer to cancel the entire Contract.
6.5 If the Buyer fails to take delivery of the Goods or provide adequate instructions for delivery, the Seller may store the Goods until delivery is made and charge the Buyer for associated costs, or sell the Goods and account to the Buyer for any proceeds after deducting reasonable costs.
7.1 Risk of damage to or loss of the Goods passes to the Buyer upon delivery, whether delivery occurs at the Seller’s premises or another agreed location.
7.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received payment in full for the Goods and any other sums due from the Buyer.
7.3 Until ownership passes, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, ensuring they are stored separately, clearly marked, and insured for their full value.
7.4 The Buyer shall not pledge or charge the Goods as security before ownership passes. If the Buyer does so, all sums owing to the Seller shall immediately become due and payable.
8.1 The Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from material defects for three months from the date of delivery or two months from the initial use, whichever occurs first.
8.2 This warranty is subject to the following conditions:
8.2.1 The Seller shall have no liability for defects arising from specifications supplied by the Buyer.
8.2.2 The Seller shall have no liability for defects caused by improper use, negligence, or unauthorised modifications or repairs.
8.2.3 The warranty shall not apply if the total price for the Goods has not been paid by the due date.
8.3 Except as expressly provided in these Conditions, all warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law unless the Buyer is dealing as a consumer under the Consumer Rights Act 2015.
8.4 The Seller’s liability is limited to replacing or repairing defective Goods or refunding their price, at its sole discretion.
9.1 The Buyer shall indemnify the Seller against all claims, costs, damages, and expenses arising from:
9.1.1 The Seller’s use of any specification provided by the Buyer that infringes the intellectual property rights of a third party.
9.1.2 The Buyer’s breach of these Conditions or improper use, handling, or storage of the Goods.
9.1.3 Claims brought against the Seller due to the Buyer’s resale or use of the Goods in a manner not authorised by the Seller.
10.1 This clause applies if:
10.1.1 The Buyer becomes insolvent, bankrupt, or subject to an administration or winding-up order.
10.1.2 An encumbrancer takes possession, or a receiver is appointed, of any property or assets of the Buyer.
10.1.3 The Buyer ceases or threatens to cease trading.
10.1.4 The Seller reasonably apprehends that any of the above events is about to occur and notifies the Buyer accordingly.
10.2 If this clause applies, the Seller may cancel the Contract or suspend further deliveries without liability to the Buyer, and all outstanding sums owed to the Seller shall immediately become due.
11.1 If the Goods are supplied for export outside the UK, this clause applies notwithstanding any other provision of these Conditions.
11.2 The Buyer shall be responsible for complying with laws and regulations governing the importation of the Goods into the destination country and for payment of any duties or taxes.
11.3 Unless otherwise agreed in Writing, the Goods shall be delivered FOB (Free on Board) the port of shipment, and the Seller shall have no obligation for damage incurred during transit.
11.4 The Buyer shall arrange and bear the cost of any inspection or testing required in the destination country.
12.1 The Seller shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to:
12.1.1 Acts of God, pandemics, natural disasters, or extreme weather conditions.
12.1.2 War, terrorism, civil unrest, or governmental restrictions.
12.1.3 Strikes, lockouts, or industrial disputes.
12.1.4 Disruptions to transportation or power supplies.
12.1.5 Cybersecurity incidents or failures of IT systems.
12.2 If performance is delayed due to such events, the Seller shall notify the Buyer as soon as reasonably possible, and the timeframe for performance shall be extended accordingly.
13.1 The Seller processes personal data in accordance with the UK GDPR and the Data Protection Act 2018.
13.2 The Buyer’s data will only be used for fulfilling contractual obligations and for purposes described in the Seller’s privacy policy.
13.3 The Buyer has the right to access, rectify, or request deletion of their personal data as described in the Seller’s privacy policy, which is available upon request.
14.1 Any notice required or permitted under these Conditions shall be in Writing and sent to the registered office or principal place of business of the other party. Notices may be delivered by hand, email, or post.
14.2 No waiver by the Seller of any breach of these Conditions by the Buyer shall be considered as a waiver of any subsequent breach.
14.3 If any provision of these Conditions is held by a competent authority to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.4 The Seller may assign or subcontract the Contract or any part of it to a third party. The Buyer may not assign or transfer the Contract without the prior consent of the Seller.
14.5 The Contract shall be governed by the laws of England, and any disputes shall be subject to the non-exclusive jurisdiction of the English courts.