Sales Terms & Conditions

Last updated: 05/04/2019

  • 1. Application
  • 1.1 These Terms and Conditions shall apply to you when you place an order with UK Pro-Gifts Ltd, a company registered in England and Wales under number 11862486 whose registered office is at 27 Pontypool Walk Harold Hill, Essex, RM3 8YD.
  • 1.2 These are the Terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions.
  • 2. Goods
  • 2.1 The description of the goods is as set out on our website or in any other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size, even though we will try our best to ensure that goods appearance on our website are correct.
  • 2.2 In the case of goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
  • 3. Basis of Sale
  • 3.1 The description of the goods on our website or other form of advertisement does not constitute a contractual offer to sell the goods.
  • 3.2 A contract will be formed for the goods ordered, only upon you approving the invoice and artwork sent to you and making full payment on the order.
  • 3.3 Any quotation from us is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
  • 3.4 No variation of the contract, whether about description of the goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by you and us in writing.
  • 4. Price and Payment
  • 4.1 The price of the goods and any additional delivery or other charges for the goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the order or such other price as we may agree in writing.
  • 4.2 Prices shown on the website does not include VAT, sales or taxes or levies of a similar nature, setup charges and delivery except where otherwise stated.
  1. 4.3 Payment for Goods must be by one of the approved methods:
  • (i) by submitting your credit or debit card details with your order on our website or the payment link on your final invoice and we can take payment immediately;
  • (ii) by bank transfer;
  • (iii) by telephone; or
  • (iv) by cheque to our registered address.
  • 4.4 We will not commence production until we have confirmed receipt of the full payment of your invoice and a written artwork approval via email or post.
  • 5. Delivery
  • 5.1 We will deliver the goods to the delivery location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into unless otherwise agreed on final invoice.
  • 5.2 In any case, regardless of events beyond our control, if we do not deliver the goods within the agreed lead time, you can (in addition to any other remedies) treat the contract at an end if:
  • (i) we have refused to deliver the goods within the agreed lead time, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or if you told us before the contract was made that delivery on time was essential; or
  • (ii) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  • 5.3 If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
  • 5.4 If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the order for any goods or rejecting goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the contract for any such cancelled or rejected goods. If the goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
  • 5.5 If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the order for some of those goods without also cancelling or rejecting the order for the rest of them.
  • 5.6 If your order is to be delivered to an address outside of UK Mainland, you may need to pay import duties or other taxes that may arise, as we will not pay them.
  • 5.7 You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  • 5.8 If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable costs of storing and redelivering them.
  • 5.9 The goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the goods before accepting them.
  • 6. Risk and Title
  • 6.1 Risk of damage to, or loss of, the goods will pass to you when the goods are delivered to you.
  • 6.2 You do not own the goods until we have received payment in full and deliver the goods to you. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
  • 7. Withdrawal
  • 7.1 You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  • 8. Conformity
  • 8.1 We have a legal duty to supply the goods in conformity with the approved artwork, and will not have conformed if it does not meet the following obligation:

Upon delivery, the goods will: 

  • (i) be of satisfactory quality;
  • (ii) be reasonably fit for any particular purpose for which you buy the goods which, before you made the full payment, you notified us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the approved artwork; and
  • (iii) conform to their description.
  • 9. Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control: 

  • (i) the party will advise the other party as soon as reasonably practicable; and
  • (ii) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the above rights relating to delivery.
  • 10. Excluding liability
  • 10.1 We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. 
  • 10.2 Where there is an issue, you must give us reasonable opportunity to remedy the issue first, provided that we are liable before proceeding to resolve it yourself.
  • 10.3 Subject to this, we are not liable for:
  • (i) loss which was not reasonably foreseeable to both parties at the time when the order was made;
  • (ii) loss (e.g loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer because we believe the customer is not buying the goods wholly or mainly for its business, trade, craft or profession; and
  • (iii) Loss or damage is caused by you.
  • 11. Governing law, jurisdiction and complaints
  • 11.1 These Terms and Conditions (including any non-contractual matters) is governed by the law of England and Wales.
  • 11.2 Disputes arising are subjected to the jurisdiction of the courts of English Courts