Terms and Conditions

 

This initial notice is important -  please read.

Important Quick Overview of our Terms - Full Terms Begin below at item 1.

  • 99% of our products are custom made from raw materials to your order specification (custom size, custom text, lettering etc) therefore these products cannot be returned unless the product is faulty or we have made an error, so it is important to check your order confirmation.  If you do not get one, please contact us.  This does not affect your statutory rights
  • You have a short window after placing your order to contact us if you have made a mistake.  If the order has not been made, we will hold the order until the order is revised or cancelled, if it has been made, we cannot cancel it. 
  • As a result, always check that what you have ordered is correct, and is what you are expecting to receive.  Check letter heights, colours and spelling of any custom designs.  We will gladly provide a bespoke proof of your requirements upon request, if you are in doubt or you are unsure of your order in any way, please ask.  We would rather have several conversations before you order and have you receive exactly what you require.
  • When using the Lettering designer, please take note of the Letter Height Guide - and remember the overall length is only a rough guide and is not exact.
  • If you provide us with any artwork, photographs or drawings etc, you agree that you have permission to reproduce the work and have the rights to do so.
  • We accept no responsibility for surfaces damaged as a result of applying vinyl decals.  Damage can occur on unsound painted surfaces, including surfaces that are not painted by a professional registered company, including base coats, or on paint surfaces that are damaged, chipped, scratched or affected by contaminants.  If in doubt, we recommend you obtain a sample from us and test accordingly, however, you should still be aware that the area you are applying to can still react differently to the area you test on.
  • We hope that you appreciate our summary, our overall aim is for you to be 100% happy with your purchase.  

GDPR Stuff.

We only use your data to process your order.  We Don't send out marketing mailings and emails as, like you, we hate them.  The only emails you will get from us will relate to your order with us.

We use Google Analytics to keep an eye on how our website is performing, this will collect data such as IP address information.   See Google for more information on this. 

If you want your Personal Identifiable data removed from our system then contact us with your name and order number.

 Also please note that all telephone calls to us are recorded for quality and training purposes.

 


BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by The Graphics Boat, a Partnership in Scotland, whose registered address is, 1 Dundeugh, Castle Douglas, DG7 3SX.

  1.  Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:“Business Day” - means, any day other than a Saturday, Sunday or bank holiday;“Calendar Day” - means any day of the year;
      “Commercial Unit” - means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
      “Contract” - means the contract for the purchase and sale of Goods, as explained in Clause 3;
      “Goods” - means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
      “Month” - means a calendar month;
      “Price” - means the price payable for the Goods;
      “Special Price” - means a special offer price payable for Goods which We may offer from time to time;
      “Order” - means your order for the Goods [as attached] OR [as shown overleaf];
      “Order Confirmation” - means Our acceptance and confirmation of your Order as described in Clause 3;
      “We/Us/Our” - means The Graphics Boat whose address is , 1 Dundeugh, Castle Douglas, DG7 3SX .
    2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
  2.  Information About Us
    1. The Graphics Boat whose address is , 1 Dundeugh, Castle Douglas, DG7 3SX .

    2. Our VAT Number is 343235914 
  3. The Contract
    1. These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
    2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
    3. A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
    4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
      1. The main characteristics of the Goods;
      2. Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);
      3. The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      4. Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
      5. Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
      6. Our complaints handling policy;
      7. We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
      8. Where applicable, details of after-sales services and commercial guarantees;
      9. Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
      10. Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
  4. Description and Specification of Goods
    1. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature [and descriptions provided by Our salespeople]. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate [due to [discrepancies that may arise during the printing process] AND/OR [differences in the colour reproduction of electronic displays]].
    2. If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause 8.
    3. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
    4. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
    5. Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will [produce] AND/OR [alter] those Goods to your specifications and requirements. [Further information on the information We will require with your Order for bespoke Goods can be found on our website.
    6. When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).
  5. Orders
    1. All Orders for Goods made by you will be subject to these Terms and Conditions.
    2. You may change your Order at any time before We despatch the Goods by contacting Us. This does not apply to bespoke Goods. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work. [Requests to change Orders do not need to be made in writing.]
    3. If your Order is changed We will inform you of any change to the Price in writing.
    4. You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 5 working Days. This does not apply to bespoke Goods (unless you are cancelling under sub-Clause 11.2.5 due to an event outside of Our control). We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. [If you request that your Order be cancelled, you must confirm this cancellation in writing.]
    5. We may cancel your Order at any time before We despatch the Goods in the following circumstances:
      1. If, for example, the Goods are discontinued, raw material shortages or production issues, failed machinery; or
      2. An event outside of Our control continues for more than 2 Weeks (please see Clause 11 for events outside of Our control); or
      3. We suspect fraudulent or dishonest activity; or
      4. We receive any offensive or abusive communication.
    6. If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 5 days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
  6. Price and Payment
    1. The Price of the Goods will be that shown on Our website at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
    2. If We quote a Special Price which is different to the Price shown in Our current website, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
    3. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
    4. We have made every reasonable effort to ensure that Our Prices, as shown in Our current website are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
    5. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
    6. Our Prices exclude the cost of delivery. [Delivery costs will be added on to the final sum due.]
    7. All payments for Goods must be made in advance before We can despatch the Goods to you.
    8. We accept the following methods of payment:
      1. American Express;
      2. Visa;
      3. Mastercard;
      4. Other payment methods presented by our payment provider on our website from time to time.
  7. Delivery
    1. Please note that delivery is currently only possible to the regions listed at the website checkout.
    2. We will provide an order confirmation to the email address supplied by you, Orders are posted within 7 working days after placing your order dependent on various factors such as the current order queue and complexity of the order. Please note: The times quoted are the time we take to post the order ie take them to the Royal Mail or the courier service, you should allow extra time for the postal service to deliver the item to you, on top of the times we quote.  You will receive a shipping confirmation on the day we post the item.   Deliveries are not made on Sundays or on public holidays and a specific time slot cannot be specified with any of our delivery options.  If your order is urgent, please contact us first to see if we can accommodate your request
    3. We may allow order collection by prior arrangement only.
    4. Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
    5. If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Our premises, requesting that you contact Us to arrange re-delivery.
    6. The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
    7. You own the Goods once We have received payment in full for them.
    8. Please note that delivery to Non-UK addresses will take longer - allow up to 3 weeks from date of despatch due to factors outside of our control such as customs, local covid restrictions and 3rd party delivery companies,
    9. Please note carefully the following:
      1. If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
      2. If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
      3. If you have told Us that delivery within the agreed time period or at the agreed time was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
    10.  If any of the events in sub-Clause 7.9 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
    11. If, despite the events in sub-Clause 7.9 and 7.10, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you without undue delay.
    12. If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them.
  8. Faulty, Damaged or Incorrect Goods
    1. By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please Contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if the Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 4.6, you will not be able to return those Goods.
    2. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless We can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
      1. If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
      2. If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
      3. If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the Goods.
      4. If the Goods do not last a reasonable length of time (depending upon their nature, note that vinyl graphics have a limited lifespan depending upon weather exposure, climate, and UV exposure and quality of installation), you may be entitled to a partial refund. Please remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
    3. Please note that you will not be eligible to claim under this Clause 8 if;-
      1. We informed you of any faults, damage or other problems with the Goods before your purchase of the item;
      2. if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
      3. the Buyer has improperly used the Goods in any way whatsoever, or the Goods have been subjected to misuse, unauthorised repair, damage, negligence, adverse weather conditions and/or alteration; 
      4. the Buyer has not complied with any instructions relating to preparation of the surfaces and areas to which the Goods are applied, and/or such surfaces or areas have been subjected to previous workmanship by third parties and/or contain latent defects;
      5. damage, discoloration or failure to painted surfaces has occurred through no fault of the Seller;
      6. the Buyer has not complied with any instructions as to use and care for the Goods in all respects;
      7. the Buyer has failed to notify the Seller of any problem or suspected problem within 30 days of the supply of the Goods. 
        1. the Seller will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or for any direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever
    4. To return Goods to Us for any reason under this Clause 8,  you may return them to Us by post or another suitable delivery choice. [You may alternatively request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details.] We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
    5. Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
    6. Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
    7. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  9. Returning Goods If You Change Your Mind
    1. If you are not satisfied with any (non-bespoke) Goods purchased from Us you have the right to return them in exchange for a refund [or a replacement], subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with your legal rights. For such Goods please refer to Clause 8.
    2. This Clause 9 does not apply to bespoke Goods. Goods which We have produced or altered to order for you cannot be returned if you change your mind.  For the benefit of any doubt,  all of our graphics and decals are bespoke/made to order - to customer-specified sizes, and colours.
    3. If you wish to return Goods to Us under this Clause 9 you must do so within 7 days of taking delivery (or collecting them from Us), telling Us why you wish to return the Goods.
    4. All Goods must be returned to Us under this Clause 9 in their original condition [, in their original, un-opened packaging], accompanied by proof of purchase.
    5. You may return Goods to Us by post or another suitable delivery service of your choice. You are solely responsible for the cost of returning Goods to Us under this Clause 8.
    6. [You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We may charge you for collecting Goods under this Clause 9.]
    7. Refunds or replacements will be issued to you immediately if you return Goods to Us by post or similar delivery service [or if We collect the Goods from you.]
    8. Please note that this extended return period (guarantee) applies only to consumers resident in the United Kingdom. The provisions of this Clause 9 are in addition to your legal rights, not instead of them.
  10. Our Liability
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office
  11. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      4. If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      5. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
  12. Communication and Contact Details
    1. If you wish to contact Us, you may do so by telephone at 01644 625 005 or by email at [email protected].
    2. In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
      1. Contact Us by email at [email protected];
      2. Reply to the order confirmation email;
      3. Use the contact form on the website.
  13. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. [By email, addressed to [email protected]
      2. [By contacting Us by telephone on 01644 625 005
  14. How We Use Your Personal Information (Data Protection)
    1. We will only use your personal information as set out in our Privacy Policy available from our website.
  15. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your [other] obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.
    3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions (except the benefit of the extended return period (guarantee) in Clause 9).
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  16.  Copyright and Other Intellectual Property Rights

    1. You agree that all content on the Website and in the Catalogue and including but not limited to text, product names, logos, photographs, images, buttons, icons, graphics, illustrations, designs, written and other material including the program and code that operates the Website (together the “Content”) are protected by copyright, trade mark and/ or other proprietary rights owned by or licensed to us.

    2.  

      You agree that you will not copy, reproduce, transmit, distribute, publish, display, commercially exploit, or create derivative works of, any part of the Content without our express written consent, save that you may print out, or otherwise electronically copy, one or more sections of the Website or Catalogue for your personal non-commercial use only with the express purpose of placing an order with us.

  17. Governing Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

Copyright 2007-2022 The Graphics Boat - All Rights Reserved. Copy our idea's and artwork at your peril - our propeller is very sharp.... VAT Number 343235914. 'The Graphics Boat' is a registered Trade Mark 00003532606