TERMS & CONDITIONS
By placing an order with Tiny Box Maker Limited, it is deemed that you agree to the following terms and conditions.
1. Definitions
“Seller” means Tiny Box Maker Limited, whose registered address is Tiny Box Maker Ltd, Wilson Way, Pool, Redruth, TR15 3RX. “Buyer” means the person or company who accepts the seller’s quotation 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 of them), which the seller is to supply in accordance with these terms; “Order” means the buyer’s acceptance of the seller's quotation for the goods or the order placed by the buyer for the goods whether by means of individual quotation, any published seller’s catalogue or website; “Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the seller and the buyer; These terms govern the sale of the goods sold by Tiny Box Maker Limited to the buyer named on the order provided on Tiny Box Maker website, catalogue, quotation or other order form via fax or post provided by Tiny Box Maker Limited and where the goods are supplied as a result of the buyer’s acceptance of the quotation. The completed order form, together with the terms constitute the entire and only agreement between the parties in relation to the sale of goods and comprises a legally binding contract between the parties.
2. Pricing and Payment
2.1 Where the buyer places an order on Tiny Box Maker Limited website, the price payable for the goods will be detailed on the website at the time the seller accepts the order.
2.2 Payment can be made by debit card, credit card or through PayPal on Tiny Box Maker website (all data is securely encrypted) or via telephone. Cheques will also be accepted but goods will not be released until all funds are cleared. On credit card / debit card payment via Tiny Box Maker, the data is entered in to a third party screen and therefore no credit card or debit card details are held by Tiny Box Maker Limited. PayPal payments are made via third party PayPal software. Tiny Box Maker does not have detailed access to the buyers PayPal account and therefore Tiny Box Maker Limited will deliver to any address entered on Tiny Box Maker website and not any address held by PayPal. Tiny Box Maker Limited cannot be held liable for any losses where the address detailed on Tiny Box Maker website is not the required delivery address.
2.3 Tiny Box Maker Limited generally sells to trade and therefore all our prices are net and exclude VAT. VAT at the current rate will be added at checkout stage, (currently 20%). VAT will be charged to all EEC destinations but will subsequently be refunded if the buyer contacts Tiny Box Maker Limited with a valid VAT number. All orders made outside the EEC destinations are sold VAT free; it is the buyer’s responsibility to pay any local VAT or duty charges.
2.4 All prices quoted exclude delivery charges, which are detailed in Section 3. below and any insurance required unless otherwise agreed in writing between parties.
2.5 The buyer may place an order following a written or verbal quotation from Tiny Box Maker Limited and the prices of the goods will be detailed in the said quotation.
2.6 If the buyer accepts the seller’s quotation, then the prices contained therein are only valid for 30 days from the date of quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained prior to placing an order.
2.7 Tiny Box Maker Limited must receive payment for the total price of the goods and any applicable charges for VAT, carriage and insurance, before the order can be delivered unless otherwise agreed in writing.
2.8 Tiny Box Maker Limited does not offer credit accounts, but in the event that goods are invoiced, the buyer shall pay all sums due to Tiny Box Maker Limited within 30 days of the date of invoice. If the buyer fails to make payment in full on the due date then without prejudice to any other right or remedy, Tiny Box Maker Limited shall be entitled to cancel the contract and / or suspend any further deliveries, and / or charge the buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment due, with interest accruing on a daily basis.
2.9 Where palletised deliveries are requested, or necessary, pallets may be charged extra.
2.10 Tiny Box Maker Limited reserve the right to investigate that a payment is bona fide prior to shipping.
2.11 Tiny Box Maker Limited reserves the right to change prices without prior warning. If a pricing error occurs, Tiny Box Maker Limited will notify the buyer and the buyer will be given the option to either reconfirm the order at the correct price or cancel it.
3. Availability
3.1 Tiny Box Maker Limited will endeavour to hold sufficient stock to meet all orders, however if there is insufficient stock to supply or deliver the goods already paid for by the buyer, Tiny Box Maker Limited shall, at its discretion, supply or deliver a substituted product, or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days. Tiny Box Maker will notify the buyer of any stock shortages and where possible, the seller will be given the option to request a backorder and Tiny Box Maker Limited will provide the buyer with approximate timescales of backorder delivery.
3.2 Where products are customised for the buyer, Tiny Box Maker Limited shall be entitled to vary the quantity of the customised products by plus or minus 10% of the total order, or as specified on any quotation provided.
3.3 Tiny Box Maker Limited reserves the right to make, without notice any minor modifications in the specifications, designs or materials that Tiny Box Maker Limited deem necessary or desirable.
4. Liability
4.1 A claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to Tiny Box Maker Limited in writing, within 7 days of the discovery of the defect or failure. If delivery is not refused and the buyer does not notify Tiny Box Maker Limited accordingly, the buyer shall have no right to reject the goods and Tiny Box Maker Limited shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
4.2 Where the buyer does notify Tiny Box Maker Limited that there is a valid claim in respect of any of the goods, Tiny Box Maker Limited may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case Tiny Box Maker Limited shall have no further liability to the buyer. The buyer will also allow Tiny Box Maker Limited a fair chance to inspect the goods for any damages or defects. Tiny Box Maker Limited shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude Tiny Box Maker Limited’s liability to the buyer.
4.3 Tiny Box Maker Limited shall be under no liability in respect of any defect in the goods arising from any drawing or specification supplied by the buyer. Neither shall Tiny Box Maker Limited be liable for any errors in proofs approved by the buyer and Tiny Box Maker Limited is not responsible for checking the accuracy of information supplied by the buyer in electronic form.
4.3a Tiny Box Maker Limited shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification, storage or repair of the goods.
4.3b The buyer is responsible for ensuring that any food, drug or other substance of a volatile nature is not likely to be affected by any material used in the manufacture, printing or handling of the goods. Tiny Box Maker Limited are not liable if such food, drug or other substance has been adversely affected, and the buyer will indemnify Tiny Box Maker Limited and keep Tiny Box Maker Limited indemnified from and against all third party claims that any food, drug or other substance has been adversely affected and caused third party loss, damage or expense.
4.4 Subject to clause 6.3 above Tiny Box Maker warrants that the goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.
4.5 Compatibility testing for any product to be contained within products supplied by Tiny Box Maker Limited is highly recommended and Tiny Box Maker Limited cannot be held liable for any tarnishing due to contact.
5. Force Majeure Tiny Box Maker Limited shall have no liability to the buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstance beyond the reasonable control of Tiny Box Maker Limited (including without limitation, strikes, lockouts, acts of god, accidents, explosion, transport delays and difficulty in obtaining supplies.) Where any such incident occurs Tiny Box Maker Limited may cancel or suspend any obligations to the buyer without liability.
6. General
6.1 English law is applicable to any contract made under these terms. The English and welsh courts have nonexclusive jurisdiction.
6.2 If any of these terms are unenforceable as drafted, it will not affect the enforceability of any of the other terms and if it would be enforceable as amended, it will be treated as so amended.
6.3 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
6.4 All catalogues, brochures and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between Tiny Box Maker Limited and the buyer and the buyer should not rely on them in entering any contract with Tiny Box Maker Limited.
6.5 Overprinting – where products are overprinted on ready made products, imperfections may occur due to prior creases, folds and bevels. Overprinted products cannot be returned unless there is an agreed fault or damage outside reasonable tolerances for overprints and where this should occur, liability will be limited to the replacement of goods or a refund as agreed with the buyer.
6.6 Tiny Box Maker Limited has not reviewed all sites linked to its Internet site and is not responsible for any contents of any such linked site. The inclusion of any link does not reflect any endorsement by Tiny Box Maker Limited of the site. Use of any such linked web site as at the users own risk.
6.7 The materials appearing on Tiny Box Maker Limited’s website could include technical, typographical or photographic errors. Tiny Box Maker Limited does not warrant that any of the materials included in the web site and associated literature including catalogues and brochures are accurate, complete or current. Tiny Box Maker Limited may make changes to the materials contained on its web site at any time without notice.
6.8 The colours of products shown on Tiny Box Maker Limited web site are for illustrative purposes only and are accurate in terms of photography, but may vary depending on the type and resolution of the screen used for ordering. Tiny Box Maker Limited cannot accept any liability for differences in product colours. Product colours may also vary from batch to batch and therefore the buyer may not reject or make any claim in respect of ink colours where the goods are of the same general shade and density of colour. Where there is a high-recycled paper content please allow for slightly wider batch variations as the substrate content differs from batch to batch significantly.
6.9 Sizes, grammage and gauge quoted on Tiny Box Maker Limited web site and in any associated literature such as catalogues and brochures are approximate and may differ up to +/- 10%, including differences within each product batch. Please request a sample prior to ordering if size, gauge or grammage is of utmost importance. Tiny Box Maker Limited cannot accept any liability for any such differentials within these specified tolerances. All dimensions quoted on Tiny Box MakerLimited web site and associated literatures are internal dimensions, not external dimensions.
7. Promotion
By using our services, you agree to us using images of your finished product for promotional purposes. This website and all its contents are copyright protected. Any infringement will be pursued.