Terms and Conditions
Terms & Conditions
Use of Website Terms
1. Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
All copyright, designs and trademarks in the contents of this site are retained by and reserved to Us. ALL RIGHTS RESERVED.
2. Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
3. Our Rights
We reserve the right to:
1. modify or withdraw, temporarily or permanently, the Website (or any part of it including products) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
2. change these Conditions from time to time, and Your continued use of the Website (or any part of) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
3. We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website (or products) due to circumstances beyond Our control.
4. Third Party Links
In an attempt to provide increased value to Our users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the
content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Terms of Trading of SFXC
Your particular attention is drawn to the limitations and exclusions of liability
set out at clauses 12 and 13 below.
1. Basis of Sale
In these terms “We” “Us” and “Our” are references to SFXC and “You” and “your” are references to the customer placing an order for goods or services from Us. The term “Order” is a reference to Your order for the goods submitted by You by post, over the telephone or via the internet (in the case of distance sales) or as set out in the accompanying order form (for sales in person).
All Orders constitute a request by You which We are free to accept or decline at Our discretion. No legal contract will exist between Us in relation to the goods set out in the Order unless and until the Order is accepted by Us. Confirmation of receipt of an Order is not an acceptance of that Order and, if We accept Your Order, We will provide You with separate confirmation of this.
Acceptance of any Order will be subject to these terms. We may revise and amend these terms from time to time but this will not affect any Orders placed before the date of the change unless it is a change that We are obliged to make by law or government or regulatory authority.
The only terms of the contract formed if We accept Your Order shall be as provided by these terms and conditions and those contained expressly or by reference in Our tender, estimate or acknowledgement of order form (including the plans and specifications noted on them) comprised in the order and acceptance. Any other statement or representation, written or oral, made or given, prior to the date of the contract by any representatives of ours is hereby excluded unless incorporated in these terms and conditions, but this shall not operate to limit or exclude liability for fraudulent or negligent misrepresentation or any statutory warranty or condition that cannot be excluded as a matter of law. Any additional or limiting terms sought to be imposed by You which We have not expressly accepted shall have no effect.
Please check these terms and the information set out in Your Order carefully before submitting Your Order to ensure that they are complete and accurate. If You think that there is a mistake or omission, please notify Us immediately. If We have already accepted Your Order, You will be bound by these terms and Your Order unless We agree otherwise or You cancel the contract in accordance with Your legal rights.
2. Nature and quality of goods
While We use all reasonable endeavours to ensure the highest qualifies and consistency in the quality of Our products, it is an inevitable part of the manufacturing process of some of Our items that small variations will occur. In the case of digitally printed items, there can be movement in the printing process of 1-1.5mm resulting in very slight off-setting only visible along the borders. With die cutting, there may be very small nodules interspersed around the edge of the die cut card. In the preparation of thermometer cards, complete accuracy of positioning of the thermometer strip cannot be guaranteed when placing by hand and are subject to variation.
Such variations are minor in nature and are not defects and do not materially affect the quality of the supplied items.
By the very nature of colour changing materials, these can appear different when viewed at varying ambient temperatures or applied to different substrates and not all production batches will have exactly the same tint even when using Pantone references. These are not defects.
As computer display screen vary in quality and display settings, the true colour hue and tint of our products may not be accurately represented on your display. This is not something that we have any control over and we accept no liability for any apparent variations resulting from your display.
Please ensure that the products are fully tested before committing to final print runs, production and end
products as our liability to you is limited in any event as provided in these terms and conditions. Please also ensure that you read the technical data sheet and material safety data sheet relating to the products before their use.
Some made-to-order items will also be dependent on the quality of the source materials that You provide to Us and We cannot accept responsibility for any poor quality of products or damage or destruction of Your materials arising directly from the unsuitability or poor quality of the source materials that You have provided. If on receipt of them We consider that the source materials received are unsuitable for use, We may cancel Your Order and refund the price paid by You (less Our costs of return delivery of Your materials).
Please note that We reserve the right to refuse to print and, where We have already accepted Your Order, to cancel and refund the price paid for any items that We consider to be abusive, libellous, discriminatory, an infringement of another’s proprietary rights or otherwise of an illegal or offensive nature. If We accept and proceed with Your Order in good faith, You will be liable for and will indemnify Us in respect of all actions costs claims damages expenses and other liability We suffer or incur where such printing results in any claim against Us.
Please also note that certain items have a limited shelf life and special storage instructions. Details are available from Our website or on request. Please ensure that You first check and then comply with these requirements as We cannot accept responsibility for deterioration to products that have not been stored correctly or beyond their estimated shelf-life. For consumer sales, your statutory right to cancel will not apply to perishable items.
Unless We have expressly agreed this with You or described them as such in Our materials, Our products are not intended for any specific application and are sold on the basis that the customer is responsible for ensuring that they are suitable for their desired application and fit for the intended purpose. Unless so agreed by Us, We do not take responsibility for the suitability of the application and Our products to any particular purpose. Safety & Technical Data sheets for Our products are available upon request.
3. Price and payment terms
The price of the goods will be as set out in the Order accepted by Us except that, very occasionally, prices set out in Our website or pricing lists may be misprinted. Where the mistake is obvious and ought reasonably to have been appreciated by You as being wrong, We will have the right either to continue with the Order at that price or to offer You the opportunity to buy the goods at the correct price or to cancel Your order without liability to Us.
We reserve the right to revisit the price of the goods and services in the event of any material increase in the cost to Us due to variations in the rates and conditions of labour and cost of materials occurring between the date of tender and completion of the work, or due to the operation of any Act of Parliament, order, regulation or other legal requirement not in force at the date of the contract or changes to such legal requirements made after the date of the contract. In such circumstances:
(i) where You are contracting with Us as a consumer, We will notify You of any consequential change in Our price and You will have the option either to cancel Your order without liability to Us or to affirm the order at the revised price. We will not be liable for any delay or non-performance while We await confirmation of Your cancellation or affirmation of the contract;
(ii) where You are dealing with Us not as a consumer, We will be entitled to increase Our price by a reasonable amount consequent upon such increased costs to Us by giving You notice of such increase.
Unless otherwise stated in the Order these prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery and You have not already paid for the goods in full before the change in the rate of VAT takes effect, then We will have to adjust the total price to reflect the change in VAT.
Where items are made-to-order or bespoke or to be worked on, We may require payment in full before We start work on the products.
Unless We have agreed credit terms with You, in any case the full price for the goods is payable by the time that the goods are ready for despatch to You and We will not be obliged to deliver the goods until they have been paid for.
You agree that We may pre-authorise and deduct the price for the goods from You Your debit or credit card, electronic funds transfer or direct deposit (details available on request), PayPal account, SagePay or other payment method accepted by Us at any time from Our acceptance of Your Order. However, if We are unable to fulfil the Order for any reason, other than Your fault, We will refund the full amount of the price for the goods to the same payment card or account. Where the Order is not fulfilled due to Your breach of these terms or other fault of Yours, before refunding the price paid by You We may deduct an amount representing Our reasonable estimate of Our loss of profit on the Order and any delivery costs that We have incurred.
For business customers, credit terms may be available on request. Please contact Us to discuss Your requirements. Where any credit is provided by Us, if any payment is not made by its due date then We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time or, if higher, the applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998 and related regulations. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
4. Payment Security
PayPal or SagePay process all debit or credit card transactions.
All credit card transactions are as a minimum 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Security Metrics, ensuring the cardholder and merchant that nobody can impersonate them to obtain confidential information.
PayPal and SagePay are committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. PayPal and SagePay Internet servers are protected by firewalls and intrusion detection systems. We reserve the right to check payments by 3D Secure services. We, the merchant, do not have access to credit details submitted through PayPal or SagePay. PayPal and SagePay continually reviews and enhances its security in line with technological changes.
5. Delivery terms
Lead time is dependent on stock availability. Should We have stock available, We will do Our best to dispatch the same day provided payment is validated/received before 1300 hours.
In all cases, We will take reasonable steps to meet the delivery date notified to You. If a date has not been specified, We will deliver within a reasonable period and in any event within 30 days of the date of acceptance of the Order. Please note that any stated delivery times are estimates only.
Occasionally delivery may be affected by factors beyond Our control, such as adverse weather conditions, delays or non-delivery by Our supplier, or strikes, and We cannot be held responsible for those delays. We will let You know if We become aware of an unexpected delay and will arrange a new delivery date with You. Please note that any delay in the time of delivery for reasons beyond Our control will not entitle You to cancel the contract.
Delivery will, unless We agree otherwise, be to the address stated in the Order. Delivery may be made by a single delivery or by several instalments and We will not be in breach of contract if We make delivery in instalments. You will not be charged extra delivery costs if We deliver by instalments unless this is agreed with You at the time of acceptance of Your Order.
You are requested to check the goods once delivered to You and to notify Us promptly of any damage or defect or incomplete delivery. Except in the case of latent defects, We consider a period of 14 days from delivery to be a reasonable period during which You should be able to inspect the goods and to notify Us of any problems. If You do not notify Us within this period We will assume that You have accepted the goods as being satisfactory and in accordance with the Order.
If You refuse or fail to take delivery of any goods (other than due to them being damaged or not being as ordered) or give Us incorrect delivery details or the property is not accessible at the time of delivery as a result of which the items are returned to Us by Our courier or postal service, We will retain the goods for a reasonable period after the initial delivery date and seek to contact you to agree a new delivery date with You. However, We reserve the right to charge You for any additional delivery costs incurred as a result. If We are not able to agree a new delivery date with You within a reasonable period or You do not pay any such additional delivery costs then We may cancel the Order. On such cancellation We will have no further obligation to You other than to refund the price paid by You for the goods less an amount representing Our reasonable estimate of Our loss of profit on the Order and any delivery costs that We have incurred.
6. Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 10% for overs and shortage the same to be charged or deducted as appropriate. This does not affect Your statutory rights where You are buying from Us for Your own use as a consumer.
7. Ownership/passing of legal title
If You are buying from Us for Your own use as a consumer, ownership of the goods will pass to You on delivery subject to Our right to recover the goods upon any cancellation of the contract as set out in these terms including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In the case of sales to business customers, We will retain ownership of all goods delivered to You until they have been paid for in full in cleared funds and until which time You must store them safely and in good condition; We and Our agents will have the right at any time to enter any premises owned or controlled by You in order to recover Our property in the event that it is not paid for in accordance with these terms or in the event of Your bankruptcy or insolvency or if You have an administrator or receiver appointed over any of Your business or assets.
8. Return/refund policy and Consumer Cancellation Rights
Except in the case of custom items (i.e. made-to-order, bespoke or worked on goods such as but not limited to liquid crystal inks, colour shifting pigments and sprayable inks) and perishable items, We will be happy to refund or exchange any online purchases if You notify Us of Your wish to do so and return the delivered items to Us (in their condition as delivered to You and with all original packaging and documents) within 14 days (within UK) or 30 days (outside of the UK) of the date of delivery to You. Please ensure that quote Your Order number with the returned items and return them to Us, at Your expense, with the original invoice or delivery note to Our address set out below. We will then arrange the refund or exchange as soon as possible after receipt and checking of the returned items. We will not be liable for any returned items that are lost or damaged in transit back to Us; We recommend that You use recorded or other tracked courier delivery.
This does not limit or exclude Your rights in respect of items delivered to You in a damaged or faulty condition. Please contact Us to discuss arrangements for the return of such items, at Our expense, and so that We may arrange a full refund or, if You agree, the replacement of this items.
Where a refund is to be made, We can only make this to the same payment account used for the purchase. We will notify You by telephone or email when the credit is being authorised. Except where the items have been returned to Us as damaged or faulty, We will deduct from the refund the original costs of delivery and a reasonable administration fee to be notified to You when We receive confirmation of Your refund request.
Please note that if You are dealing with Us as a consumer, nothing in these terms will apply to exclude or limit any rights that You may have as a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other mandatory statutory rights.
Your statutory cancellation rights apply only if:
(i) you are dealing with Us as a consumer; AND
(ii) the contract is concluded away from Our business premises (e.g. at Your home or by telephone or internet); AND
(iii) the order is not for made-to-order or other bespoke goods.
If the above conditions apply to you, You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, You must inform Us of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use Our model cancellation form, but it is not obligatory. Our contact details are set out below.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
Please note that even if You are dealing with Us as a consumer, Your statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 DO NOT apply in respect of custom orders or for perishable items; in the event that You seek to cancel a contract for such goods You will remain liable to Us for the full price for the goods ordered.
Without limiting any other remedies or rights that We may have, if You do not pay Us on time We may cancel or suspend the Order and any other outstanding order until You have paid the outstanding amounts.
Either party may terminate the contract if the other becomes insolvent or bankrupt or is unable to pay debts as they fall due. This provision will not relieve Us of an obligation to complete the delivery of any goods that have been ordered and fully paid for by a consumer prior to that consumer becoming insolvent or bankrupt.
9. Effects of cancellation under Consumer Cancellation Rights
If You cancel this contract under Your statutory cancellation rights, We will reimburse to You all payments received from You. We will make the reimbursement without undue delay, and not later than 14 days after the day on which We were informed about Your decision to cancel this contract.
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
If You requested Us to begin the performance of any services during the cancellation period, You will still be liable to pay Us an amount which is in proportion to what has been performed until You have communicated to Us Your cancellation of this contract, in comparison with the full coverage of the contract. If the service has been fully performed before You have communicated to Us Your cancellation of this contract You will cease to have the right to cancel this contract and You will be liable to pay to Us the full amount due for the performance of the service.
10. Complaints policy
Should you have any complaints regarding the quality of Our products or services, then please contact Us using the details set out below. If We are unable to deal with this there and then, a representative of ours will contact you as soon as possible to attend to the complaint and will work with you in good faith to seek to resolve the complaint to Your satisfaction.
11. Our Warranties
We warrant that on delivery the goods will:
(a) conform in all material respects with the Order and the description given by Us at the time You placed Your Order;
(b) be of satisfactory quality;
(c) be fit for any purpose We expressly say the goods are fit for;
(d) comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
We will endeavour to pass on to You the benefit of any additional manufacturer’s warranty relating to goods supplied by Us to you, but We do not accept any liability under any such warranty. If You do have a problem with any of the goods supplied by Us that is not covered by Our own warranty, We will be happy to discuss this with You and We will assist wherever possible in processing Your claim with the manufacturer.
12. Limitation of liability
Nothing in these terms excludes or limits in any way Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any breach of Our mandatory obligations under the Consumer Rights Act 2015, or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability, or any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude Our liability.
Subject to the above provision:
(a) We will not be liable for any event outside of Our control as referred to below;
(b) if either of Us fails to comply with these terms then neither of Us shall be responsible for any losses that the other suffers as a result except for those losses which are a foreseeable consequence of the failure to comply with these terms; and
(c) if We are in breach of these terms or otherwise liable to you, We will not be liable to You for loss of income or revenue, loss of business or goodwill, loss of anticipated savings, any waste of time, or any loss reasonably foreseeable and preventable by You.
Our entire liability to You under these terms will not in any event exceed the value of the goods to which the claim relates. We are happy to discuss with You on request increasing the limit of Our potential liability to you, which may be agreed subject to the availability and affordability of suitable insurance against such liability though You may be required to pay any additional insurance premium arising in respect of such increased cover.
13. Events outside Our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these terms that is caused by events outside Our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond Our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
Our obligations under these terms will be suspended for the period that the Force Majeure Event continues, and We will have an extension of time to perform Our obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which Our obligations under these terms can be performed despite the Force Majeure Event.
14. Data Protection
Please see our privacy notice which can be found <<<here>>>
If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If We fail, at any time while these terms are in force, to insist that You perform any of Your obligations under these terms, or if We do not exercise any of Our rights or remedies under these terms, then that will not mean that We have waived those rights or remedies and will not mean that You do not have to comply with those obligations. If We do waive a breach by you, then this does not mean that We cannot take action against You in the future for any other breach of this contract.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These terms and the contract between Us will be governed by English law and the English courts.
16. Our registered details and contact information:
SFXC is a trading name of GOOD LIFE INNOVATIONS LTD whose corporate details are as follows:
Corporate name: Good Life Innovations Ltd
Registered office address: 25 Clinton Place, Seaford, England, BN25 1NP
Registered in England and Wales.
Company number: 07003596
General enquiries contact address: Unit 15, Newhaven Enterprise Centre, Denton Island, Newhaven BN9 9BA
Contact numbers: Tel – +44 (0)207 118 3123
Email – firstname.lastname@example.org
Model cancellation form:
To: SFXC (Special FX Creative)
Unit 15, Newhaven Enterprise Centre, Denton Island, Newhaven BN9 9BA
I/We* hereby give notice that I/we* cancel my/our* contract for the supply of the following service,
Ordered on: [ ]
Customer name: [ ]
Customer address: [ ]
Your signature(s) (only if this form is notified on paper):
* delete as appropriate