Terms and Conditions of Business

1. General

a. These Terms and Conditions are applicable to business relationships and/or contracts made, between Vivid Worx (further referred to as, ‘we’ or ‘us’ but also referred to as ‘Vivid Worx UK’ or ‘VividWorx’ or ‘VIVIDWORX’) registered at Cloverdown, Holly Grove Lane, Burntwood, Staffordshire, WS7 1LU United Kingdom, and the customer (‘you’ or ‘the customer’). These terms and conditions shall also govern your use of our website at www.vividworx.co.uk (further referred to as ‘our website’ or ‘the website’). Customers may be businesses/trade or individual retail customers.

b. By using our website you accept these terms and conditions in full. If you disagree with these terms and conditions or any part thereof, you must immediately cease using our website.

c. Products and imagery relating to any product or service on our website does not constitute a legally binding offer. A contract is deemed effective once payment has been offered for any goods and such goods have been dispatched to the customer. The customer shall in all cases, receive an order confirmation either via email or post, with little delay after the order has been submitted and thus accepted by us.

d. We reserve the right to refuse to perform the service promised if it becomes apparent after concluding a contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately and offered an alternative product or service, or a full refund. Further claims against Vivid Worx are excluded.

e The contractual language is English and the applicable jurisdiction and law that applies to any legally binding contract with Vivid Worx, is that of England.

 

2. Artwork Submission

a. All artwork must be correct and checked by the customer for approval before being submitted to and accepted by Vivid Worx. The responsibility of ensuring any designs or artwork submitted by the customer for use with a final end product such as, but not limited to, a Panel Wrap, are free of errors or flaws, remains with the customer. Any designs or artwork created entirely by, modified by or edited by Vivid Worx shall be checked by the customer for approval before a final end product is made. Liability for any errors or flaws with any such design or artwork present after approval by the customer, remains with the customer.

b. Vivid Worx shall incur no liability for any errors or flaws not corrected by the customer in any designs or artwork submitted. Vivid Worx reserves the right to charge additional fees for any alterations required by the customer after such designs or artwork have been sent to print.

c. Vivid Worx reserves the right to refuse designs or artwork which in its opinion are, or may be of, an illegal or libellous nature.

d. Vivid Worx will make every reasonable effort to ensure the best colour reproduction on all printed work, however, variation is inevitable in the print process, the colour profiles of screens and devices and equipment and thus, we cannot make any kind of guarantee for an exact match in colour or texture between the submitted artworks, designs, photographs, any transparency, any proofs, any graphics files or existing prints that may be scanned or copied and the final print for the customer. This also applies for multiple copies of identical work.

 

3. Delivery

a. Delivery of goods ordered by the customer is conducted by our chosen couriers. Individual price of delivery of goods is our discretion. Vivid Worx reserves the right to waive any delivery charge for any reason. Once goods have been accepted by you at the address you specify when placing an order, risk of loss of or damage to work completed by Vivid Worx shall pass to the customer on delivery and thus become your responsibility. We cannot accept liability for lost or damaged goods once accepted by the customer.

b. Domestic deliveries within the United Kingdom are handled by our chosen courier(s). International deliveries may incur additional costs and in some cases, orders may be refused due to inflated cost and/or the risk associated with delivering to certain countries. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer. We do not accept liability for any loss in transit, delays to delivery of goods or additional fees or costs incurred due to customs controls in the country of delivery. You shall be entirely liable for any costs and fees associated with customs.

c. You, or an authorised person, must thoroughly inspect the goods upon receipt of them in order to detect any transportation damage. You should immediately notify the courier and us of any damage you find. We are not liable for damage to goods during transit, however, we will always where possible, assist in rectifying issues such as this with our courier(s). 

 

4. Refunds and Guarantees

a. We provide guarantees for all our generic goods and custom made products. Guarantees for all custom made items covers any faults in the manufacturing of the product including the design, printing and assembly. The guarantee covers the product for its intended use but not through misuse of the product. Products must not be modified or adapted. The guarantee for all custom made products or services is 6 months from delivery. All other generic items or items provided through a supplier, is one year from the date of delivery.

b. In line with the Consumer Contracts Regulations, you are entitled to return goods that you have ordered within 7 days for a full refund provided that:

1. Goods are kept in perfect and re-saleable condition

2. You ensure that you take reasonable care and responsibility of the goods whilst in your possession

3. You do not use the goods and repackage them afterwards with the intention of returning used goods.

4. You return any additional items that were included with your order, such as free items offered to you at the time of purchase, promotional or discounted items offered to you at the time of purchase or anything else that may have been dispatched with your order.

c. EXEMPTIONS: You cannot return tailor made products or services (this specifically refers to fabric wraps, CNC cut plywood, printed tables, banners, flags or any other product that includes or features custom artwork or design, CDs. These exemptions do not affect your statutory rights to a refund for goods unfit for purpose and/or faulty.

 

5. Copyright

a. Unless prior negotiation and agreed in writing, the copyright of commissioned artwork and illustrations and anything else whatsoever prepared, developed, designed or created by Vivid Worx shall vest in and belong to Vivid Worx. Vivid Worx may use any artwork or printing for the purposes of promoting itself.

b. The customer shall be entirely responsible for obtaining all necessary consents and permissions to reproduce artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing Vivid Worx to reproduce the same. This includes any modified artwork, photographs, copyright text and/or any other materials or derivative works.

You must obtain written permission from Vivid Worx to use any of the above.

The buyer will indemnify, and hold indemnified (“Vivid Worx”) against costs, claims and expenses arising out of any libellous matters or infringements of copyright, design or patent, or of any other materials processed or printed for the Customer. The Indemnity shall extend to any amounts paid on a lawyer’s advice and costs in settlement of any claim

Vivid Worx  assumes no responsibility for any content you provide for printing. All the artwork/ content you provide must be legally owned by you or by a consenting third party.

c. You shall indemnify and hold Vivid Worx and its representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the materials by Vivid Worx infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

c. Any design, illustrations, graphics, photographs, diagrams, drawings, logos and their production, and layout, design, code and all other content of websites owned and operated by Vivid Worx, are the intellectual property of Vivid Worx. Any branding, logos or intellectual property owned by third parties, appearing on any website owned and operated by Vivid Worx, remain the property of their respectful owners.

 

6. Privacy Policy

How We Use Your Personal Information (Data Protection)

a.  All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR

b.  For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy www.vividworx.co.uk/privacypolicy and Cookie Policy www.vividworx.co.uk/cookiepolicy.

 

7. Size / Dimension Variations

The customer is to specify finished height & width sizes from outer edge to outer edge, which is to include any finishing options eg. hem, pole pockets etc. Every endeavour will be made to deliver the correct finished size. However some size variations are inherent with the material, the print and finishing process and it is understood and accepted that a reasonable variations are immaterial and that Vivid Worx shall have no liability in respect of such variations. The buyer shall accept these variations provided that they are within a 2% tolerance of the requested dimensions.

 
8. Liability

Vivid Worx gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Vivid Worx shall not be liable for any loss arising from delay in transit not caused by Vivid Worx. Further, Vivid Worx shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Vivid Worx in respect of any and all causes of action arising out of or in connection with the customer’s order and Vivid Worx performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of section 7) be limited to the sums paid to Vivid Worx by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

 

8. Invoices

a. Invoices must be settled on the date shown on the invoice copy,  unless explicitly agreed in writing from Vivid Worx.

b. Vivid Worx reserves the right to pursue unpaid invoices with reasonable action.

 

9. Variations

a. The terms and conditions on this page may be amended at any time by Vivid Worx without prior notification. Please make sure you check periodically for the latest version of these terms and conditions, as revised and newer versions will overide previous versions and become applicable from the date and time of their publication on our website.

Last Modified: 20/04/2020