Terms & Conditions
By placing your order you are agreeing our Terms & Conditions.
General Terms and Conditions.
All terms and conditions relating to the supply of products from Fling Promotions Ltd are covered below.
Please read all terms and conditions carefully before placing an order."By ordering any of our Products, you agree to be bound by these terms and conditions.By making payment you have entered into a binding agreement with us and have agreed to accept these terms and conditions. All orders must be paid for prior to production.
1. About Fling Promotions:
Registered office details: Fling Promotions Ltd, 2 Tower House, Hoddesdon, Herts, EN11 8UR. England. Company No: 1353639. VAT registration No: 197158858.
2. Service Availability: The following countries represents our standard delivery inclusive zone.
Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Netherlands,New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States.
Customers outside of these zones should contact us prior to ordering as additional delivery charges and terms apply.
3. Your Status: By placing an order through our website or otherwise you warrant that:
a). You are legally capable of entering into binding contracts.
b). You are at least 18 years old.
c). You are resident in one of the countries stated above.
d). You can provide a valid email contact.
4. The contract between us:
4.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us
and we will confirm acceptance by sending you an email confirming your order (the Order Confirmation). A legally binding contract between us will be formed only when we send you the proof for approval.
4.2 However, you will not have any right to cancel a Contract for the supply of any of the Products because the cancellation rights do not apply to the sale of custom-made articles or goods made to
a consumer’s specification.
5. Availability & reliability:
5.1 All the specified delivery schedules will not be fixed. A fixed schedule must have been expressly designated as such and agreed by us. As a rule, specified delivery schedules denote planned shipment times.
5.2 The delivery date is dependent upon receipt and confirmation by Fling Promotions of all data, payments and email notices, in good time. The order is only worked on after receipt of payment. The beginning of the delivery time has to be postponed until receiving all required information, files & payment details accordingly. The estimated delivery period is specified in working days - Mondays to Fridays, excluding public holidays.
5.3 The delivery periods advertised are indications & will be regarded as having been observed if the goods have left the plant or, if they can be dispatched, have been reported as ready for shipment by the end of the delivery period. This will be subject to Fling Promotions being supplied correctly and on time. Prompt and proper fulfillment by the customer of their obligations will be required so that the delivery period is observed.
5.4 Fling Promotions do not guarantee delivery dates.
5.5 Delivery is reliant on external courier services. If the courier fails to deliver due to service problems, then this is beyond our control and outside of our responsibility.
6. Risk & Title:
6.1 The Products will be at your risk from the time of dispatch. If the goods are ready for dispatch and shipment or acceptance of them is delayed for reasons for which we are not to blame, the risk shall pass to the customer when the customer receives notice that the goods are ready for shipment.
6.2 Ownership of the Products will pass to you only when Fling Promotions receives including delivery charges.
7. Price & payment:
7.1 The prices of any product will be as quoted, except in cases of obvious error.
7.2 These prices include VAT and delivery costs. The costs for shipment will cover once-only dispatch to one delivery address as specified by the customer.
7.3 Payments will be charged in £GBP unless otherwise indicated.
7.4 Fling Promotions is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a ‘mis-pricing’.
7.5 Payment for all Products must be by bank transfer.
8. Print data and obligations to check it:
8.1 We will carry out all print orders solely on the basis of the print data sent by you. Error-free printing is not guaranteed in the case of differing data formats or other specifications.
8.2 You must carefully check the print data to determine whether it is suitable for the order before sending it to us. We will not check the print data and the customer alone will bear the risk of any errors in the printed Products owing to incorrect data supplied.
8.3 At your express request, formats other than those specified in the customer information will be processed, where technically feasible. If errors occur as a result of using these formats, responsibility will be borne by the customer and not by Fling Promotions. We reserve the right to improvise as required for missing information.
8.4 We can convert print data not sent in CMYK mode, but such conversion will be at the customer’s risk.
Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original and, again, liability for these deviations will lie solely with the customer.
8.5 Full colour images are reproduced at our discretion and within the limitations of the printing process. Some colour variation may be inevitable, as our software automatically compensates to achieve the best overall effect.
8.6 Pantone references stated for material colours, (fabrics, silicon, inks etc), may vary slightly between batches. These are therefore only intended as a guide & although usually very close, should not be taken as an exact match.
8.7 Fling Promotions reserves the right to amend the packing specifications if required. Fling Promotions reserves the right to amend product specifications as deemed necessary applies to fabric types & grades, silicon grades and all material colours, although changes are infrequent.
9. Colour matching: The matching of colours to Pantone references for inks and materials will be carried out as accurately as possible, within the limitations of the processes used. It should be noted that while colour matches are generally very close, although total accuracy cannot be guaranteed and slight mismatch will not be viewed as a fault.
10.1 Obvious defects in delivered goods must be reported to us within 7 days of receipt.
10.2 Complaints made solely because you have failed to heed the information on requirements for the print data cannot be raised. This shall apply in particular to printed matter that is based on RGB colours, and in which the resolution is too low or in which fonts that are not embedded are used.
10.3 Slight deviations in colour will not be regarded as defects.
10.4 Slight misalignment between the registry of the printed design is unavoidable when printing on fabric or other soft materials and will not be considered as faults.
10.5 Exact concentric alignment of a printed design onto any product can not be guaranteed do to the nature of the product & materials used.
10.6 The physical properties of materials, (including silicon), can vary with ambient temperature and humidity. This variation can cause some products to perform slightly differently and cannot be regarded as a defect.
11. Our liability:
11.1 Fling Promotions warrant that any Product purchased from us is of satisfactory quality. It is possible & recommended practice to purchase a sample to inspect the quality before placing your order.
11.2 This does not include or limit in any way our liability:
a). For death or personal injury caused by Fling Promotions negligence.
b). Under section 2 (3) of the Consumer Protection Act 1987.
c). For fraud or fraudulent misrepresentation.
d). For any matter for which it would be illegal for Fling Promotions to exclude, or attempt to exclude, its liability.
11.3 If the supplied goods are defective, Fling Promotions – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Fling Promotions allows the period of grace set for it to elapse without supplying a replacement or if subsequent remedy fails, you can rescind the Contract or demand appropriate reduction in the purchase price, to the exclusion of all other claims. Fling Promotions will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods.
11.4 If part of the delivery has defects, this will not authorise the customer to object to the entire goods.
11.5 In the event of rescission of the Contract, Fling Promotions will refund any money received from you within a reasonable time.
12. Ownership, archiving, proprietary rights:
12.1 The printing forms or carriers produced and used by Fling Promotions to
produce the goods will remain its property.
12.2 Digital data and other objects required for reuse, as well as semi-finished and finished Products, will not be retained by Fling Promotions beyond the delivery schedule. Data used for production is not returned to the customer shipment.
12.3 Fling Promotions Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent. Fling Promotions has no influence on the contents of the printed Products. You represent that you have all rights to use, disseminate and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the data you supply does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. You will indemnify us without reservation if claims are asserted against Fling Promotions due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by you."
13. Events outside of our control:
13.1 Fling Promotions will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and includes in particular (without limitation) the following:
a). Strikes, lock-outs or other industrial action.
b). Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
c). Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d). Impossibility of the use of railways, shipping, aircraft, motor transport
or other means of public or private transport.
e). Impossibility of the use of public or private telecommunications networks.
f). The acts, decrees, legislation, regulations or restrictions of any government.
g). Power failures which affect production.
h). Customs related delays or inspections.
i). Third party delays caused by couriers or their associated services.
13.3 Fling Promotions performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Fling Promotions will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If Fling Promotions fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer's obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.
14.2 A waiver by Fling Promotions of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by Fling Promotions of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing in accordance with Paragraph 15 above."
15. Entire agreement:
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Fling Promotions and the customer, whether oral or in writing.
15.2 Fling Promotions and the customer both acknowledge that,
in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Fling Promotions prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of the parties will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy will be for breach of contract as provided in these terms and conditions."
16. Our right to vary these Terms & Conditions:
16.1 Fling Promotions has the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to these policies or terms and conditions is required to be made by law or governmental authority (in which case it will placed by you), or if we notify you of the change to these policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products)."
17. Law & Jurisdiction: Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the English courts.