Terms and Conditions
Terms and Conditions
These terms and conditions set out your rights and obligations, and those of Kubek Ltd. ("Kubek”) in relation to this website, and any products and services available through the website or directly from us. By using the website and dealing with Kubek you agree to these terms and conditions.
- About us:
Kubek Ltd is registered in England & Wales, company number 10369460.
Registered office: 85 Great Portland Street, First Floor, London, W1W 7LT
Email address: info|kubek.co.uk| |info|kubek.co.uk
Telephone number: 0 333 335 0465
VAT registration number: 251 605 625
- Contract terms
These terms and conditions apply to all orders between you and Kubek. Receipt of acknowledgment of order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract, notwithstanding any purported terms put forward by you.
Payment shall be made in full in GBP sterling on placement of the order, unless we have agreed special terms in writing. Payments can be made by Bank Transfer, Paypal, Credit or Debit Card. ( We charge extra 3% for the Paypal or Credit/Debit Card payments over 250£ )
Where applicable all prices include VAT and delivery. Prices quoted on this website are guide prices only subject to currency exchange rates and viewing of final artwork. Once artwork and full specifications have been finalised, Kubek will confirm the total price.
We use our reasonable endeavours to make sure that every product is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. No warranty is given as to accuracy and no responsibility will be accepted for error or mis-description or any resulting loss. We reserve the right to alter minor details or the design of the products.
- You must ensure that you either own the intellectual property rights in an image or any other content that you wish to include in a personalised product, or that you are fully licensed by the owner to include that image or other content. By including such material you grant us a non-exclusive, royalty-free, irrevocable licence to use it solely for the purpose of fulfilling our obligations to you, and agree to indemnify us against any related claims or expenses
- In order to print efficiently from the artwork you supply, it may be necessary to adjust or redraw your artwork. You will be advised of any changes made and any consequential impact on cost or time.
- No printing will take place until Kubek has received your formal approval of the artwork. In order to sign off your artwork we will email you a Artwork Order Confirmation for your approval, illustrating approximately how your artwork will look on your chosen product. This must be checked thoroughly and approved. The job will not commence until we have received your written approval. You must notify us of any discrepancy in the artwork or order as we do not accept any liability for any errors or omissions.
- Colour variations
Due to the variety of materials and printing processes used by Kubek and its suppliers, no guarantee can be given to match exactly Pantone numbers or colour samples provided by you. Kubek will endeavour to match these colour references as closely as possible but cannot be held liable for any variation in actual colour that may arise.
- Delivery and lead times
- Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Time for delivery of the goods shall not be of the essence. Lead times will be deemed to commence at the date and time that Kubek receives formal written approval of the artwork that Kubek supplied to you.
- All deliveries will be charged at the prevailing rates applying at the date of such delivery. Special expedited deliveries can usually be arranged but will usually be subject to additional charges at current commercial rates.
- Kubek will not be liable for any delay, loss or damage incurred in transit except any loss or damage caused by Kubek’s negligence.
- Passing of title and risk
The risk of the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment is received in full.
- Quantity variations
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed products ordered and you will be charged at the contract rate for the quantity delivered.
- Our printed products are customised just for you, so unless the products are faulty we are sorry but we do not accept returns. In particular, image colour, lightness and darkness are subjective and not grounds for return. However, if for any reason the product you received is not as you approved then we will reprint your order or provide a refund.
- All claims with regard to the quality or quantity of the products shall be made in writing to us so as to reach us within 7 days of receipt of the products, or such products shall be deemed to comply as to quality and quantity with the terms of the contract. You must examine all products delivered at the time of delivery.
- Claims arising from damage, delay or partial loss in transit must be notified to us as soon as possible (ie within 24 hours) after delivery, so that we can raise the issue with the delivery company, and in any case no later than 5 days after delivery We shall not be liable for any loss or damage caused to the products in transit unless loss or damage is noted at the time of delivery. Claims for non-delivery must be made within 7 days of despatch of the goods
No condition or warranty is to be implied as to the merchantable quality of the products ordered, or as to the suitability for any purpose (whether known to Kubek or not) and no responsibility can be accepted by Kubek for any consequential loss arising directly or indirectly out of the products supplied by us. Save in so far as defects in the products cause personal injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the products shall be limited to the contract value of the products.
- Cancellation charges
A charge will be made for all cancelled orders, including a charge for all work carried out up to the date of written cancellation.
- Overdue accounts
No goods will be delivered on accounts that remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above the HSBC PLC base rate from time to time from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
- Force majeure
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of 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 to you.
- Customs and overseas deliveries
For all our overseas deliveries we only use well known carriers including DPD, ParcelForce and Fedex. Even though we do our best to include all custom charges there may be times that the country of origin will require the receiver to pay these charges for goods to be released. If you are outside of the UK and place an order with us, you are confirming that you are aware there is a chance of extra fees and that Kubek is not liable for these costs and any delay that may be caused due to this. Please note that we will always help our clients in resolving any customs issues to the best of our ability; however sometimes depending on the country this can only be resolved locally.
- License to use website
Unless otherwise stated, Kubek and/or its licensors own the intellectual property rights in the website and material on the website. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Kubek may revise these terms and conditions from time to time. Revised terms and conditions will apply to contracts and to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Kubek may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- Entire agreement
- Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts.