Terms and Conditions
1 Ordering and Cancelling Product
Jagku Ltd t/a Same Day Leaflets of Registered Office: 40 Bowling Green Lane, London EC1R 0NE Registered in England and Wales. Co. No. 07306889
We, Jagku Ltd t/a Same Day Leaflets. (“we” or “us” or “our”) will supply to (“you” or “your”), the person named in the checkout completed on this web site (the “Order”), the customised product made to your individual specification (the “Product”) at the email address shown on the Order.
You order through our web site by completing the Order and checking that you are satisfied with all the information including customised design for your Product and all costs, quantities, materials and delivery schedules set out in the Order.
You acknowledge that by completing and submitting the Order to us “unapproved order” for purchase by providing us your credit/debit card (or paying by BACS), you have reviewed the information provided, understand the rights and respective limitations and you wish to make an offer to purchase the Product on the terms and conditions set out in this Agreement, terms and condition in your order/enquiries inconsistent therewith shall be of no effect.
We will check the “unapproved order” and email you if there is a problem with any part of your order. Otherwise, we will send you an electronic proof of each item ordered.
We reserve the right to decline any “unapproved order” without giving any reason.
We intend to supply you with the “approved order”. An “approved order” places you into a legally binding agreement with us.
You can cancel an “unapproved order”. You cannot cancel an “approved order”.
If an “unapproved order” is cancelled within one calendar month, we will provide a full refund.
If an “unapproved order” is cancelled after one calendar month, we will credit your account with the refund. This credit is non-refundable but can then be used as full or partial payment against future orders.
2 Description of the Product
We will send you an electronic proof of the product including a “proof approval deadline” with which to approve the proof. We expect you to check that all detail on this proof in terms of layout, text content and spelling is correct and as per your requirements.
Once you have responded back to us saying you are happy with and accept the proof, we will we approve your order (as in Clause 1) and send your order to print.
WARNING : If you accept the proof and there are any mistakes (spelling, incorrect content or layout), we will not be liable for the mistakes in the printed product that we supply you, as also stated in Clause 6.
To avoid delays with the print, if we do not hear from you before this “proof approval deadline” then we will assume that you are happy with the proof and print the order and we will not be liable for the mistakes in the printed product that we supply you, as also stated in Clause 6..
Any same day courier services (if requested) will be booked at the Proof Approval deadline given in the original order confirmation email.
The price payable for the Product is the price set out in the Invoice (the “Price”).
4 Payment Terms
4.1 You must pay us the Price for the Product by using one of the payment methods made available on the Order.
4.2 When selecting to pay the Price by credit / debit card / Paypal, we will debit the Price to your credit / debit card / Paypal immediately.
4.3 Goods remain our property until full paid for.
5 Delivery / Collection
We aim to dispatch the Product to you within the agreed dispatch period from order approval confirmation making an “approved order”.
Unless you are collecting the order from us, we will deliver the Product to the shipping address on the order.
If the shipping address supplied by you is incorrect or a delivery attempt was unsuccessful and the order is returned to us we will charge an administration fee of £1+VAT on top of the postage that will be incurred to redispatch the item. We will email you if your order is returned to us requesting the full reposting fee including any additional charges. If the fee is not paid within 14 days of our email then your order will be destroyed and you will be required to place a new order.
Same Day Couriers: If we have used a same day courier you must be present to receive the order (or advise us in advance of an alternative address or a safe place to leave the order). If the courier is kept waiting or you request the job to be redirected or redelivered then they will always charge extra money which can be far more than you have paid. This will be charged directly to your payment card.
If you have not received the delivery within the agreed timescale, please inform us. We will try and resolve the non delivery and keep you informed.
We will not be responsible for any loss of trade or profit occurring to you as a result of delay in delivery or delivery of incorrect or faulty Product.
We will not be responsible for any loss of trade or profit occurring to you as a result of the Product getting lost in transit. We will reprint the lost items once the delivery company confirms they have lost the delivery.
We will not be responsible for any Import Duty / Tax / VAT.
If you are collecting the product or your delivery address is missing – resulting in us not being able to dispatch your order then we will hold it for you for a maximum of 14 days of the collection date (or date the print job is ready in the case of an invalid or missing delivery address). Your order will be destroyed on the 15th day and you will be required to place a new order if you still require it. No refund will be issued.
Risk in the Product passes to you on delivery or collection.
6 Acceptance of Product
In the event of the product being faulty, please contact us within five days from the date of receipt of the product. If you have cause for complaint please contact us immediately. We will attempt to resolve the dispute within five working days and to keep you informed of progress if the dispute remains unresolved. If there is a manufacturing fault then we must be given a chance to fix the problem (whether it involves requesting the product back or reprinting). If we request the product back then we will give you at least 5 working days to be return the product. If you fail to return the product then we will assume you are happy with it and mark the issue as resolved. Note that we will refund you any money you pay towards postage incurred in returning the order (up to first class post – Signed for) once we have established the product is faulty. No postal refunds will be given if we establish the product is not faulty. Once we have established the product is faulty then we would issue a full reprint pertaining to the amount of product that is faulty up and not exceeding the quantity ordered. No refunds will be given where we have reprinted a faulty product. If the customer does not want a reprint then we would issue you with a credit in your account for the full value of the Order.
We are not responsible for any text or composition errors you may have made or any errors described in Clause 2 of this agreement. If you are in any doubt we would recommend purchasing a small order to start.
Variations in trimming – The trimmed size will be whatever you have specified for the product subject to a variation of 1.5mm in width and height.
Full colour printing – Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, we shall not be required to guarantee an exact match in colour or texture between the (customer’s photograph, transparency, other samples, monitor display – local or over the internet) and the printed Product. With full colour printing, we are unable to guarantee consistency between different sets of printed products and the same product between different print runs. If printing double sided, then it is possible that each side will be a different print run. If you require colour consistency then please do not place the order but contact us for advice as we do offer other colour matching services for an extra charge (although this may not be offered on a same day basis).
If you have colours that are very close in colour (for example a dark grey and a black) then you may not see much contrast between the colours. If you have this in your design then we advise you to place a small order to start with.
The quality of the printed images will depend on the quality of the images you provide (i.e upload). The higher the dpi of the image, the better the end result.
Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 10 per cent.
If you use our online designer, please ensure that you use a HTML 5 compatible browser.
We reserve the right to use a different courier service (at no extra cost to yourself) if we fail to dispatch your order on time to still meet the deadline.
7 Intellectual Property
You warrant and undertake to us that any intellectual property rights incorporated in the information and design for your Product does not infringe any intellectual property or other rights of any third party, is not of an illegal or libellous nature, and we have the right to use the information and design that you have given to us for the purpose of this Agreement. You will indemnify us in respect of any claim relating thereto (including all reasonable legal expenses).
9 Remedies and Liabilities
9.1 Nothing in this Agreement will affect your legal rights as a consumer.
9.2 We accept liability for damage that arises from the Product proving defective while in use as a result of the negligence of a person concerned in the printing of the Product or breach of the implied undertaking as to ownership of the Product.
9.3 We accept liability for death or personal injury caused to you as a result of our negligence or the negligence of our employees.
9.4 In all other cases not described in Clauses 9.2 to 9.3 our total liability to you (whether in contract, tort, including negligence, or otherwise) will not at any time exceed in aggregate either the sum of £10 or an amount equal to the price paid by you, whichever is higher.
9.5 This Clause 9 survives termination of this Agreement for any reason.
10 Events beyond our control
We are not responsible for any delay or failure in carrying out our duties under this Agreement if the delay or failure is caused by circumstances beyond our reasonable control. These circumstances include civil commotion, riots, flood, drought, fire, the postal service, the courier service and strikes. You must allow us reasonable time to carry out our duties in these circumstances.
11 Entire Agreement
This Agreement constitutes the entire agreement between you and us. The terms of any other electronic message or order or any other communications you may have sent to us not forming part of the Order will not apply.
If a court decides that any part of this Agreement is not valid or cannot be enforced, that part will not apply. All other parts of this Agreement will continue to apply.
13 Changing the Contract
13.1 If we decide not to enforce a right under this Agreement, this does not prevent us from enforcing that right in the future.
13.2 We reserve the right to make changes to this Site and to these Terms & Conditions at any time without prior notice. You should review these Terms & Conditions each time you access this Site.
14 Governing Law
This Agreement will be governed by English law and will be subject to the non-exclusive jurisdiction of the English Courts.