TERMS & CONDITIONS
Welcome to the Metal Card Company Ltd website. These terms & condition apply to the use of this website and its services at https://metalcardco.co.uk by accessing this website and or placing an order you agree to be bound by these terms. Using this website indicates that you therefore accept these terms regardless of whether you order.
1.1 You will be able to access all areas of this Website without registering your details with us, though we may ask for limited details for certain functions pertinent to sending card samples or to provide a quote. Payment options for this website are only accessible to you if you register due to card security and our payment merchant, SagePay.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding to you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
- ORDERING FROM METAL CARD COMPANY LTD
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered, we will also provide a detailed proof for sign off before we produce the cards.
2.2 Our acceptance of an order takes place when we begin the production process and before despatch of the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order: (a) where goods are not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today¹s current costs of production and currency exchange rates. In the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, or a significant shift in exchange rates, we shall be entitled to charge such increases to you.
- PRICING & DELIVERY
3.1 All prices exclude VAT but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website or we will detail on a written quote.
- Our prices are reviewed periodically without notice.
- Accounts – Metal Card Company Ltd do not currently provide an account facility. Payment in full is required at the time of order placement and prior to physical media being produced or etched.
- UK Sales – VAT shall be levied on all applicable UK sales at the current prevailing rate. Please note that our pricing table shows costs exclusive of VAT but including delivery. EU Sales – We are able to zero rate VAT for orders that will be delivered to an address in the European Union and only to customers who can supply a valid VAT number prior the order being placed. If either of these criteria cannot be met, we are obliged by law to charge VAT at a rate.
- Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Metal Card Company Ltd accepts no responsibility for deliveries being missed due to non payment. It is your responsibility to ensure that full payment is made before production takes place. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays. Once your order is complete we will notify you of the intended dispatch date by email. You are welcome to call or send us an email regarding delivery or tracking and we will attempt to meet your requirements where possible, as a rule most orders take around 4 weeks from order to delivery.
- International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. Metal Card Company Ltd will not be held responsible for any delay of delivery of the goods with international deliveries and cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.
- We use secure payment facilities for online purchases via Sagepay or Paypal Business. You can pay for your order by Visa, Mastercard or Delta/Connect. Carriage charges will be shown prior to you placing your order if applicable. All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.
- CANCELLATION & RETURNS POLICY
4.1 If you wish to cancel your order: (a) you can notify us by email to firstname.lastname@example.org before we have begun production or dispatched the goods to you; or (b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us if there is a fault with them – you need to inform us within 48 hours of receipt if you intend to request for an exchange. The costs of returning goods to us shall be borne by you. Metal Card Company Ltd reserve the right to rectify defective work by reprinting and shall not be liable to refund, if required we will issue a refund when deemed necessary using the same method used for payment. If we offer to replace, you must accept such an offer unless you can show clear cause for refusing to do so. If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us. All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: (a) in the event that the product has been used (b) to any products that we have made or customised specifically for you. The provisions of this clause 4.4 do not affect your statutory rights.
4.5 The risk in the goods shall pass to you on delivery.
5.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.2 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms are reserved.
- Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
- We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure. We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
- Nothing in these terms and conditions shall affect the rights of a consumer.
- PROOFING & SIGN OFF
- Please note that the colour of the printed item can be affected by the type of material chosen for the artwork to be printed on, as well as any applied lamination or varnish. There may be variations from images you see on the website and we offer free samples prior to ordering if you would like to see physical samples.
- Please read thoroughly as all proofs, once passed, are deemed correct and ready to go to print, and the responsibility passes to the customer. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout. We will not commence print until we have received a copy of the final proof with a written confirmation to go to print either by email or post, we will not normally accept verbal confirmations.It is often necessary to retype and reset artwork even if ‘print-ready’ artwork is supplied by you. Therefore, it cannot be assumed that proofs are devoid of typographical errors just because the source artwork is free of such errors. It is most important that artwork is proofed thoroughly before sign off as mistakes cannot be rectified afterwards.
- VISITOR MATERIAL & CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8.1 To register with us you must be over eighteen years of age.
8.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
8.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
8.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
9.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
9.2 The material on this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
10.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
10.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
- GOVERNING LAW & JURISDICTION
11.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
11.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
11.3 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
- MISCELLANEOUS & FORCE MAJEURE
12.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
12.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
12.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
12.4 We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
12.5 The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law. Complaints must be made within 48 hours of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.
This website is operated by Metal Card Company Limited, part of ESD Control Centre Ltd (Company Registration Number 2526954, VAT Registration Number 787446965). Integrity House, Easlea Road, Bury St Edmunds, Suffolk IP32 7BY General email: email@example.com Telephone number: +44 (0)1473 836227