Terms & Conditions
These Terms and Conditions are not intended for the sale of Goods to consumers, as defined in the Consumer Rights Act 2015. If you are a consumer, please contact us for our alternative terms and conditions.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Proposal” means the e-mail or quotation sent stating the particulars of the Agreement;
“Company” means us, Reward-It;
“Confirmation” means the notification made by us that the Booking has been accepted. This notification is subject to these Terms and Conditions;
“Contract” means the contract formed as detailed in clause 2, which will incorporate, and be subject to, these Terms and Conditions;
“Customer/You/Your” means the sole trader, firm or corporate body ordering the Goods. Where the person ordering the Goods is an individual doing so on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that business and the business will be the Customer in the context of the Contract;
“Goods” means the goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Members” means the customers of the Loyalty/Gift Card Program;
“Loyalty/Gift Card Program” means the Loyalty/Gift Card Program including the Software Subscription the subject of the Agreement;
“Order” means your order for the Goods and/or via email, on our website or over the phone and
“Services” means the support service and marketing services;
“Software” means the Interserve Software which is subject to the Software Licencing Agreement
“RMA” means the form that is generated when you advise us, you wish to return the Goods.
- Each reference in these Terms and Conditions to:
- “writing” and “written” includes emails;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
- a clause is a reference to a clause of these Terms and Conditions;
- a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.
- Words signifying the singular number will include the plural and vice versa.
References to any gender will include the other gender. References to persons include corporations.
- No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- You may be required to complete and return an account application form to us before your first Order can be placed. If we accept your application, at our sole discretion, we will open an account for you and will provide you with our current price list in effect at the time. This is subject to credit check and any credit limit we may offer to you will be subject to clause 5.11 and 5.12 and may be revoked by us at any time.
- You can place an Order with us online, by e-mail or by telephone. We will check the prices on your Order against our up-to-date price list. If the prices do not match, we will contact you to advise of the correct price and will obtain your consent before proceeding.
- You can register an account with us via our website to place an Order, in this case you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept all responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept safe, confidential and secure and should inform us immediately if you have any reason to believe that your account password has become known to anyone else, or if the password is being, or likely to be used in an unauthorised manner.
- You are responsible for ensuring that the details we hold for you are correct and complete, and for informing us of any changes to the information you have provided.
- Your Order constitutes a contractual offer that we may, at our sole discretion, accept. All Orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the order has been successfully processed (“the Order Confirmation”). A legally binding Contract between us will only be formed when we send you the Order Confirmation. The Order Confirmation will contain full details of the Goods ordered, the price (including any taxes and other additional charges), and where applicable, the estimated date on which the Goods will be delivered. The Contract will incorporate and be subject to these Terms and Conditions.
- If the Goods are not in stock or are only partially in stock when you place your Order, we will contact you to advise of this and to ask if you would prefer us to deliver the Goods in instalments as they arrive in stock or if you would prefer to wait for the entire delivery when we have all the Goods in stock. Please note each part-delivery may incur separate delivery costs.
- Any sales literature, price lists and other documents issued by us in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. We reserve the right to correct any typographical, clerical or other accidental errors without liability.
- The specification for the Goods will be as set out in our Proposal. We make every reasonable effort to ensure that Goods conform to the photographs, descriptions and samples provided on our Website. However, please note that certain colours may look different to the actual colour of the Goods, when displayed to you on an electronic device.
- Any artwork not received by us from you after 6 months will be treated as cancelled, we reserve the right to retain any amount already paid.
- The Goods will only be supplied in the minimum units as stated in our price list, or in multiples of those units. Orders received for quantities other than these minimum units will be adjusted accordingly.
- 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.
- None of our employees or agents are authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into the Contract, you acknowledge that you do not rely on, and waive any claim for breach of, any such representations which are not so confirmed.
- We will provide you with a written Proposal for the Services to be provided.
- In order to maximise the benefit of our Services, you will be required to send us regular updates (including, but not limited to, details of special offers, new services you provide and services no longer provided by you).
- You will be required to provide us with suitable and sufficient content. We cannot be held responsible for delays where we do not receive such information in time to meet deadlines agreed
- We will use our own exclusive judgement when providing the Services and deciding upon artistic and other subjective factors. We will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
The following clauses apply should you have taken out our marketing Services;
- All prices we provide are expressed exclusive of delivery costs where applicable, VAT, and any other relevant taxes. There is no minimum order value unless otherwise stated.
- The price of the Services and Goods will be as stated on our Proposal, except in the cases of obvious error, or such other price as may be agreed in writing by us.
- The subscription for the Loyalty/Gift Card Program is for a minimum term of 30 days and will then continue on a recurring basis, for the same duration as the initial term. You can cancel the subscription at any time by giving 30 days’ notice before the renewal date to allow for processing of the cancellation.
- The subscription for the Services is for a minimum term of 12 months payable in advance. Cancellation will immediately occur should the renewal invoice not be paid within 30 days of the invoice date.
- All payments made will go through an online payment gateway provider, such as GoCardless. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
- We may from time to time change our prices. Changes in price will not affect any Goods or Services that you have already purchased and will apply to any subsequent Orders.
- The time for payment is of the essence of the Contract. If you do not make payment to us by the due date, we may cancel your Order(s), suspend any further deliveries to you or the Services and charge you interest on the overdue sum at the rate of 8% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.
- Should you require us to do the design we will charge a one-off set up fee to cover the initial designing cost. Any future re-prints using the same design, or any artwork provided by you will not incur this charge.
- For non-account orders, we will send you a pro-forma invoice when we receive your Order. All invoices are payable in full before the Goods are produced or dispatched, or otherwise in accordance with such credit terms as may have been agreed in writing by us.
- For account orders, we will send you an invoice when we receive your order. Account orders are payable by the agreed terms as per the invoice.
- If we have agreed a credit limit with you, invoices up to this limit will be payable in full, without set-off withholding or deduction, within the agreed terms as per the invoice. Invoices over this limit will be payable in full immediately.
- We reserve the right to request payment upfront if you exceed your credit limit, if, for any reason, we are not satisfied of your creditworthiness, or if we so decide at our sole discretion. In this event, no Goods will be produced or dispatched until such time as any pro-forma invoice issued by us has been paid in full.
- We accept payment by BACS, Bank Transfer, PayPal, credit or debit card. Payment must be made on the due date regardless of whether delivery has taken place or not.
The following clauses apply to Goods only;
- For Orders we receive on a business day (Monday to Friday, excluding bank holidays), we aim to dispatch the Goods within 3-5 days of order acceptance, however, we cannot guarantee this.
- All stock Goods will normally be dispatched on the same working day as long as the order is received before 3.00pm. If an item is out of stock then we will notify you how quickly we can get the Goods to you, however this typically takes no longer than two working days upon receipt of your Order. In any event, Goods will be delivered within 30 calendar days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 14). Please allow five working days from order confirmation for the delivery of Goods.
- Estimated delivery dates may vary according to the availability of the Goods, your location, and circumstances beyond our control. Time for delivery is not of the essence of the Contract.
- Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address set out in your Order and you (or someone identified by you) have taken physical possession of the Goods.
- Where the Goods are to be delivered in instalments, each delivery will constitute a separate Contract. Failure by us to deliver any one or more of the instalments in accordance with these Terms and Conditions will not entitle you to treat the Contract as a whole as repudiated.
- If for any reason we are unable to deliver the Goods at your chosen delivery address, the courier will leave a note informing you that the Goods have been returned to our premises or a local depot and requesting that you contact the courier to arrange re-delivery. We will pass on any costs incurred by us for re-delivery, storage, restocking and/or administration costs.
- Risk of damage to or loss of the Goods will pass to you at the time they are delivered to you or collected by you or, if you wrongfully fail to take delivery of the Goods, at the time when we attempted to deliver them. However, legal and beneficial title of the Goods will not pass to you until we have received payment in full for the total price of the Goods, in cleared funds.
- Until payment has been made to us in accordance with clause 5, and title in the Goods has passed to you, you will be in possession of the Goods as bailee for us and in the event that you sell or transfer the Goods to a third party before legal and beneficial title has passed to you under these Terms and Conditions, the proceeds of the sub-sale or transfer (or such proportion as may be due to us) must be held by you on our behalf and must be identified as such.
- We will be entitled at any time to require you to deliver up to us any Goods in which we retain title and, if you fail to do so forthwith, to enter upon any premises of yours or any third party’s during normal business hours where the Goods are stored to repossess them.
- You are not entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property, but if you do so, all money owing by you to us (without prejudice to any other right or remedy of ours) will become immediately due and payable.
- Your right to possession of the Goods in which we maintain legal and beneficial title will terminate if any event listed in clause 8.1 occurs.
- We may cancel your Order(s), suspend further deliveries where applicable, terminate your account and charge interest in accordance with clause 5.7 if:
- you fail to perform or observe any of your obligations under the Contract or if you are otherwise in breach of the Contract;
- you become subject to an administration order or enter into a voluntary arrangement or (being an individual or firm) become bankrupt or (being a company) go into liquidation;
- an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets;
- you cease, or threaten to cease, to carry on business; or
- we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
- If sub-clause 8.1 applies then, without limiting any other right or remedy available to us, you will be required to immediately pay for any Goods or Services that have been delivered but not yet paid for, regardless of any previous agreement or arrangement to the contrary. We will require you to deliver to us any Goods in which we retain ownership.
- You will not be entitled to cancel your Order for Goods once we have issued our Order Confirmation on personalised Goods. If you cancel your Order on any stock Goods you may be required to indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of the cancellation.
- You shall be entitled to terminate this Agreement:
- For the subscription for the Loyalty/Gift Card Program by giving us 30 days written notice in accordance with Clause 5.3
- You may terminate the Services at any time; however we cannot offer any refunds and you will continue to have access to the Services for the remainder of the current subscription.
- You may cancel the Services at the end of the year you have paid for by either notifying us that you do not wish to renew or by not paying the invoice automatically sent to you 30 days prior to the end of the current term in accordance with Clause 5.4.
The following clause applies to the cancellation of Goods;
The following clauses apply to the termination of Services or Loyalty/Gift Card Program;
- If, on delivery, you have received incorrect or faulty Goods and you wish to return them, you may do so only provided:
- you inspect the Goods on delivery. Where the Goods cannot be examined the delivery note or such other note as appropriate shall be marked “not examined”;
- you inform us that you wish to return the Goods within 48 hours of delivery; and
- the Goods remain unused, in their original condition (as delivered), in their original packaging, accompanied by proof of purchase.
- Provided you comply with the obligations set out in clause 8.1, we will offer you a replacement or a credit, at our discretion.
- If, when we receive them, the Goods are proven by us to be non-faulty, they will be subject to a 20% restocking fee.
- If you wish to return a non-faulty item you can return the item to us for a refund providing the Goods are as they were at time of delivery, in the same resaleable condition. We reserve the right to charge a 20% restocking charge and the original delivery charge is non-refundable. Please contact us prior to sending the goods back to acquire a RMA form and accompany the returned Goods with a completed copy of the supplied RMA form.
- Any personalised or printed items are unfortunately unable to be refunded unless they are faulty.
We will pass on the benefit of any manufacturer’s guarantee provided with the Goods, where applicable, which is subject to that guarantee’s extents and limits.
- Nothing in these Terms and Conditions seeks to limit or exclude our liability in respect of death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability which cannot lawfully be excluded or limited.
- Except as provided in clause 11.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract.
- All warranties or conditions whether express or implied by law are expressly excluded to the extent permitted by law.
- In the event of a breach by us of our express obligations under the Contract, your remedies will be limited to damages, which in any event, will not exceed the total fees paid by you for the Goods under the Contract.
- You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions or the Contract.
- We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms and Conditions and the Contract without your consent.
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 the Contract.
Neither party will be liable for any failure or delay in performing their obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond that party’s 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, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, natural disaster, or any other event beyond that party’s reasonable control.
Nothing in this Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
- Both parties agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, and any subsequent amendments to it.
- If you provide us with the personal data of any other person, it is your responsibility to obtain the consent of those persons to pass their data to us, as a third party. We will only process and if necessary, store such data to perform our obligations under the Contract. We will not use it for any other purpose.
No failure or delay by either Party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (and the Contract, as appropriate). The remainder of these Terms and Conditions shall be valid and enforceable.
- These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.