Terms & Conditions
Thank you for visiting K-Mac Design & Promotion. We hope that you are completely happy with the service we provide to your business.
Please refer to the following standard terms and conditions for using this website.
2 Trading details
4 Supply and pricing of goods
6 Changing or cancelling an order
7 Returns and refunds
8 Use of the Website
9 Privacy & Security
These terms and conditions (the “Terms”) set out your rights and obligations, and those of K-Mac Design & Promotion (“we” or “us”), in relation to this Website, www.k-macdesign.net (the “Website”), services and material of any kind available through the Site, (the “Services”).
K-Mac Design & Promotion is a trading name. The address of our registered office is 61 Station Road, Sudbury, Suffolk CO10 2SP. We are not currently registered for VAT.
When we refer to “K-Mac Design & Promotion” in these Terms, we mean us, the Site, the Services and products according to the context.
If you do not agree to these Terms, you must not use this Website.
You should be aware that these Terms may change from time to time in accordance with section 10 below.
You will be able to access most areas of K-Mac Design & Promotion without registering your details with us. The opportunity to place orders with us is only open to you if you register your details using the general enquiry form.
2. Trading details
Whenever you buy a product or order our design service through this Website, you will be contracting with K-Mac Design & Promotion. Registered office: 61 Station Road, Sudbury, Suffolk CO10 2SP.
Email address: email@example.com
Telephone number: 01473 823716
3.1. Product description
We use our reasonable endeavours to make sure that every product on K-Mac Design & Promotion is shown accurately. When supplying our design service we will provide a quotation based on the client's specification. Artwork proofs will be provided for you to sign off before the final artwork is emailed to you or to our sub-contractors for output / printing. All digital artwork will be supplied in the format appropriate for use either on your digital screens, website or for printing if you choose to use your in-house facilities or independent print supplier.You will be responsible for uploading digital advertising to your playlist/rolling powerpoint presentation.
3.2. Placing your order
A contract for the purchase of a design service or product is created as follows:
• By emailing your order, you are agreeing to purchase the design service or product(s) you have selected.
• Orders for event promotions must be received well in advance in order to allow adequate time for K-Mac Design & Promotion to supply artwork in time for you to promote at least 4 weeks prior to the event date.
• We will send to you a confirmation email detailing your order. It is your responsibility to check the details are correct.
From time to time, we may reject an order for the following reasons:
a If your order breaches any of the requirements of these Terms.
b If an event or product promotion or digital advert you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules).
c We suspect that the order has been placed fraudulently.
d It appears that the order mistakenly duplicates another order.
If your order is rejected, we will contact you to confirm this and reverse any payment you have made for that order as appropriate.
There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.
3.3. Design service
K-Mac Design & Promotion aims to provide you with a fast, high-quality service. Please double-check your order and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a customised product is correct, and (for example) is correctly spelt.
As a courtesy, we will allow you to make changes to your order, provided you accept there is still adequate time to for you to promote your product or event - please refer to 3.2 above. You will need to contact us by phone on 01473 823716 during our standard opening hours (which are 9.00am – 5.00pm, Monday to Friday, except Public Holidays in England).
If you are uploading a photo or logo, images must be in JPEG or EPS format. For printing purposes images and photos need to be at least 300dpi (Dots Per Inch), so if you are scanning the image we recommend you use this setting.
By uploading, posting, contributing or including any content or material in a customised product, you grant us a non- exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to K-Mac Design & Promotion or the requirements of the product you have ordered (such as by cropping images).
3.4. Content Rules
We do not permit customised products to include any content or material which:
• infringes anyone’s copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include (ie logo or photograph) in a customised advert/poster or that you are fully licenced by the copyright owner to include that image or other content in the personalised product
• infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
• contravenes any applicable law (including, without limitation, any criminal law) or regulation
• is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
• misrepresents identity or impersonates any person
• includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
• contains material which is obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
• may harass, upset, embarrass or alarm any person
• gives the impression that it emanates from or has been approved by us
• advocates, promotes or assists any unlawful act
The above are our Content Rules.
At K-Mac Design & Promotion, you can pay for your order by bank transfer or by cheque (made payable to K-Mac Design & Promotion). The account details can be found at the foot of the invoice. Non account holders payment required on delivery and acceptance of goods. Account holders 30 days from date of invoice.
• All digital artwork orders will be sent via email.
• If printing is required, orders will be despatched using Royal Mail First Class Post or Special Delivery weekdays only.
• All weekend and bank holiday orders will be processed the next working day.
• Royal Mail advises that 90% of all First Class post arrives the next day but can take up to 3 working days to arrive.
• Due to any major or unprecedented mechanical fault or unforeseen force majeure, K-Mac Design & Promotion will endeavour to despatch printed material in the post as soon as possible.
• K-Mac Design & Promotion reserves the right the change the postage cost at any time.
4. Supply and pricing of products
4.1. Prices and VAT
K-Mac Design & Promotion is currently not registered for VAT.
4.2. All sub-contracted services are passed on at cost, with a small administration fee for liaising with contractors and placing orders. A quotation will be supplied.
4.3. Postage and packaging charges
• Packaging and delivery costs will be charged at current Royal Mail postal rates. A quotation will be provided.
During the order process, K-Mac Design & Promotion will generally notify you of the despatch dates available and the expected timeframe for receiving your order; however, K-Mac Design & Promotion does not guarantee delivery dates or times for printed material. We will make you aware of delivery charges (if any) before you place your order. Expected delivery times and charges will differ depending on which products you order. More details are set out below.
5.1. General despatch information
The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
• Your order is likely to arrive much faster if you supply a postcode.
• You can check that you have the correct postcode by using the Royal Mail’s postcode finder available at www.royalmail.com/find-a-postcode. We are not responsible for the accuracy of the Royal Mail’s postcode finder.
• It is your responsibility to ensure that the delivery address you provide for any order you place is correct.
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
6. Changing or cancelling an order
It is best to telephone us if you need to cancel or change your order - please call 01473 823716. Emails are answered during business hours (Monday - Friday 9.00am - 5.00pm) in the order they are received.
7. Returns and refunds
At K-Mac Design & Promotion, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
7.1. Reporting a problem
If for any reason you are not happy with your order, please call 01473 823716 or use our contact form. We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days.
7.2. Issuing refunds
If you are eligible for a refund, we will reimburse the price you have paid for the product(s). Alternatively, we may offer to revise (if applicable) and resend the item by email. Refunds cannot be given if the fault is a result of your own actions such as customisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3, ‘Customising products’, for more information.
8. Use of the Website
8.1. Abuse of service
You agree not to use K-Mac Design & Promotion Website directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
8.2. Intellectual Property
All text, photographs, graphics, page layouts, design and other material that appears on the Website is protected by K-Mac Design & Promotion’s or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws.
You may use and access K-Mac Design & Promotion to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from K-Mac Design & Promotion. No-one may copy, distribute, show in public or create any derivative work from K-Mac Design & Promotion, or any of the material which is found on K-Mac Design & Promotion unless properly licenced in writing by us to do so. You are not allowed to use K-Mac Design & Promotion (or to copy or use any material found on K-Mac Design & Promotion) for any commercial purpose other than to conduct the purchase of a product or service from K-Mac Design & Promotion. No-one may use any automated means to access the K-Mac Design & Promotion Website for any purpose without our prior express written permission.
8.3. Website content and service access
We will always try to ensure that the K-Mac Design & Promotion Website is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We use reasonable care and skill to provide K-Mac Design & Promotion Services in accordance with our specifications for K-Mac Design & Promotion but:
• the Services are provided “as is”
• we cannot and do not guarantee that K-Mac Design & Promotion or the Services will meet your requirements. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
• for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
• any loss or damage which indirectly results from a breach of this Agreement, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
The provisions of this section 8.5 shall survive the termination or expiry of these Terms.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access K-Mac Design & Promotion, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using K-Mac Design & Promotion if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
8.7. Contact from third parties
If anyone contacts us in relation to your use of K-Mac Design & Promotion Website or a transaction associated with you or your Account, then you agree:
• to provide all reasonable information and assistance we may require in connection with responding to that contact
• to respond promptly and accurately to it, should we pass the message to you for a response.
9. Privacy & Security
These Terms are intended to contain your entire agreement with us relating to the Services, and the Website.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and K-Mac Design & Promotion shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new version on K-Mac Design & Promotion Website. The new version of these Terms will take effect:
• commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any
of the changes is to an operative provision of these Terms which is capable of adversely affecting you
• immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, K-Mac Design & Promotion, and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and K-Mac Design & Promotion. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and K-Mac Design & Promotion each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer.
Issued 1st June 2020 Rev 5