Terms & Conditions

Terms of sale Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01444 23900.

1. Application
   1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Lemonade Print Group Ltd a company registered in England and Wales under number 11535792 whose registered office is at Edward House, Marchants Way, Sheddingdean Business Park, Burgess Hill, West Sussex, RH15 8QY with email address sales@lemonadeprint.com; telephone number 01444 23900; (the Supplier or us or we).
   2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
   3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. Interpretation
   1. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
   2. Words imparting the singular number include the plural and vice-versa.
   3. A business day means any day other than a Saturday, Sunday or bank holiday in England and Wales.
   4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
   5. Contract means the legally-binding agreement between you and us for the supply of the Goods;
   6. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
   7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
   8. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
   9. Order means the Customer’s order for the Goods from the Supplier;
   10. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
   11. Website means our website lemonadeprint.com on which the Goods are advertised.
3. Goods
   1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
   2. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
   3. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
   4. All Goods which appear on the Website are subject to availability.
   5. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4. Personal information and Registration
   1. We retain and use all information strictly under the Privacy Policy.
   2. We may contact you regarding the sale of the Goods by using telephone, e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
5. Price
   1. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
   2. The Price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
   3. Our quotations lapse after 30 days (unless otherwise stated).
   4. The Price quoted excludes delivery (unless otherwise stated). Should you require a timed delivery please ask for prices current at time of placing order.
   5. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
   6. Any increase in the Price under the clause above will only take place after we have told you about it.
   7. You may be entitled to discounts. Any and all discounts will be at our discretion.
   8. Unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
   9. Rates of tax and duties on the goods will be those applying at the time of delivery.
   10. At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
6. Payment
   1. We will invoice you for the Price either:
      1. on or at any time after delivery of the Goods; or
      2. where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
   2. You are to pay us in cash or cleared funds with your order unless you have an approved credit account.
   3. If you have an approved UK business credit account, payment is due within 30 days end of month following the invoice date.
   4. If you fail to pay us in full on the due date:
      1. we may suspend or cancel future deliveries;
      2. we may cancel any discount offered to you;
      3. you must pay us interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998
         1. calculated (on a daily basis) from the date of our invoice until payment;
         2. compounded on the first day of each month; and
         3. before and after any judgment (unless a court orders otherwise);
      4. we may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
      5. we may recover (under clause 6.9) the cost of taking legal action to make you pay.
   5. If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment.
   6. We may take any of those actions in 7.4 at any time and without notice.
   7. You do not have the right to set off any money you may claim from us against anything you may owe us.
   8. While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
   9. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
7. Delivery
   1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing (Delivery Location).
   2. We will deliver the Goods, to the Delivery Location by the time or within the agreed period 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.
   3. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
   4. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
   5. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
      1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
      2. 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.
   6. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
   7. 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 to us, at your cost, or allow us to collect them from you.
   8. 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.
   9. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
   10. 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.
   11. 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.
   12. The Goods will become your responsibility from the completion of delivery or Customer collection.
8. Inspection and acceptance of Goods
   1. You must inspect the Goods on delivery or collection.
   2. If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing details.
   3. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
   4. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
   5. We will be under no liability or further obligation in relation to the Goods if:
      1. if you fail to provide notice as set above; and/or
      2. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
      3. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
      4. the defect arises from normal wear and tear of the Goods; and/or
      5. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
   6. You bear the risk and cost of returning the Goods.
   7. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 4 days after delivery.
9. Risk and title
   1. The risk in the Goods will pass to you on completion of delivery.
   2. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
   3. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
   4. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
10. Withdrawal and cancellation
    1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
    2. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
    3. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
    4. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
    5. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
       1. goods that are made to your specifications or are clearly personalised;
       2. goods which are liable to deteriorate or expire rapidly (for example, in the case of printed material with an event date on).
    6. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
       1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
11. Right to cancel
    1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
    2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
    3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
    4. 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.
12. Effects of cancellation in the cancellation period
    1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
13. Deduction for Goods supplied
    1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
14. Timing of reimbursement
    1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
       1. 14 days after the day we receive back from you any Goods supplied, or
       2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
    2. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
    3. 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.
15. Returning Goods
    1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Edward House, Marchants Way, Sheddingdean Business Park, Burgess Hill, West Sussex, RH15 8QY without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
    2. For the purposes of these Cancellation Rights, these words have the following meanings:
       1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
       2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
16. Conformity and Guarantee
    1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
    2. Upon delivery, the Goods will:
       1. be of satisfactory quality;
       2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to 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 Contract; and
       3. conform to their description.
    3. It is not a failure to conform if the failure has its origin in your materials.
    4. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
    5. We will provide the following after-sales service: The supplier will support the customer if they have any queries relating to the purchase of products from our website. For example, how to piece together the exhibition display.
17. Successors and our sub-contractors
    1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
18. Circumstances beyond the control of either party
    1. In the event of any failure by a party because of something beyond its reasonable control:
       1. the party will advise the other party as soon as reasonably practicable; and
       2. 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 Customer’s above rights relating to delivery and any right to cancel, below.
19. Excluding liability
    1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
20. No Waiver
    1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
21. Severance
    1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
22. Governing law, jurisdiction and complaints
    1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.

The terms of sale policy was last updated on 27 September 2019