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Terms & Privacy

Big Art and Banners Terms and Conditions
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Terms and Conditions

The following Terms and Conditions constitute the entire Agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.

1. Definitions

a. “Company” means The Big Art Group Limited registered in England and Wales (registered number 10609479) who provides the goods or services under these Terms and Conditions.
b. “Customer” means the party contracting with the Company to acquire the goods and services supplied under these Terms and Conditions.
c. “Website” means the Website of the Company, that being www.bigartandbanners.com
d. “Work” means all goods (by way of intermediate or finished product) and services supplied by the Company to the Customer.
e. “Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plates, and intellectual property.
f. “Preliminary Work” means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, proofs, colour matching).
g. “Electronic File” means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link.
h. “Print Ready File” means artwork supplied by the Customer ready for plate making and production, without further keyboard intervention by the Company, in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link.
i. “Insolvency” means the Customer is in a position where it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him.

2. Price Variation

a. Price estimates are based on the Company’s current costs of production and, unless otherwise agreed in writing, are subject to amendment to meet any rise or fall in such costs that have taken place by the time of delivery.
b. The Company is entitled to correct any price errors or omissions on estimates or invoices.
c. The Company is entitled to change the price of Work published on the Website at any time.
d. Prices published on the Website are subject to the Customer using the Website to submit an order and pay for the Work and other methods of submitting an order and payment for the Work may incur additional charges to reflect the increased costs to the Company of processing such Work unless otherwise agreed in writing by the Company.

3. Tax

Prices and estimates are given exclusive of tax and the Company reserves the right to charge and the Customer shall pay any VAT or other tax due.

4. Preliminary Work

All Preliminary Work carried out by the Company at the Customers request, whether experimentally or otherwise, shall be charged.

5. Copy

Any additional work required of the Company by reason of the Customer supplying inadequate copy, incomplete or incorrect instructions; or late delivery of the same shall be charged.

6. Proofs & Variations

a. The Company shall incur no liability for any errors not corrected by the Customer where the Customer has been provided with proofs. The Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Company's judgement, changes therefrom made by the Customer shall be charged extra.
b. Where the Customer specifically waives any requirement to examine proofs, (and the Company agrees to such a waiver), the Company is indemnified by the Customer against any and all errors in the finished Work.
c. Proofs: Due to their inherent nature proofs supplied by the Company shall be accurate for layout and content only and it is understood and accepted that proofs shall not be accurate for colour comparison to the finished Work unless otherwise agreed in writing. If the Customer requests (and the Company agrees to) a more specific and achievable level of colour matching additional charges will apply.
d. Printing process variations: All reasonable efforts will be made by the Company to obtain the best possible colour reproduction on the Customers Work but variation is inherent in the printing process and it is understood and accepted as reasonable that the Company shall not be required to guarantee an exact match in colour or texture between the Customers photograph, transparency, proof, Electronic File, Print Ready File, previously printed matter (whether printed by the Company or by a third party) or any other materials supplied by the Customer and the finished Work. Where the Work is produced using full colour printing (also known as process colour or CMYK printing) it is accepted and understood that Pantone colours (also known as spot colours) shall not be accurately reproduced due to the inherent nature of the printing process.

7. Payment & Delivery

a. Payment shall become due and cleared at the Company’s Bank, or authorised by the Bank in the case of Credit Card or Debit Card payment, before commencement of the Preliminary Work or Work unless otherwise agreed in writing.
b. Unless otherwise agreed in writing, the price of the Work will be "ex-works" and delivery shall be charged extra.
c. Should the Work be suspended or delayed by the Customer for any reason the Company shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.
d. Should the suspension or delay in 7(c) above extend beyond 30 days the Company shall be entitled to immediate payment for Work already carried out, materials specially ordered and any other additional costs.
e. Delivery of the Work shall be accepted when tendered.
f. Unless otherwise agreed in writing completion and delivery lead-times (measured in working days from receipt of cleared or authorised payment and any Proofs approved in writing by the Customer) are a guide only and, whilst the Company will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Customer.
g. Unless otherwise agreed in writing, (in which case an extra charge may be made), delivery will be to kerbside at the Customer's address and the Customer will make arrangements for off-loading and for any additional transportation to its storage facility.
h. Subject to any agreement as per 7(i) above, delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle the Company to make an extra charge to reflect the extra costs involved.
i. Should expedited delivery be agreed the Company shall be entitled to make an extra charge to cover any overtime or any other additional costs incurred (including non-exhaustively courier or postage charges).
j. Delivery prices published on the Website are for delivery the next working day after despatch by the Company to a single address in the Mainland United Kingdom excluding Highlands, Islands or Overseas (for which the Company shall be entitled to make an extra charge to reflect the extra costs incurred).
k. Where the Work is to be delivered in instalments each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the order as a whole as repudiated or cancelled.

8. Materials supplied or specified by the Customer

8.1 Electronic Files & Print Ready Files

a. It is the Customer's responsibility to maintain a copy of any original Electronic File or Print Ready File provided by the Customer.
b. The Company shall not be responsible for checking the accuracy of supplied input from an Electronic File or Print Ready File unless otherwise agreed in writing.
c. Without prejudice to clause 8.2(b), if an Electronic File or Print Ready File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Company may make a charge for any resulting additional cost incurred or may reject the file without prejudice to his rights to payment for Preliminary Work or Work done/materials purchased.

8.2 Other Materials

a. Metal, film and other materials owned by the Customer and supplied to the Company for the production of type, plates, film-setting, negatives, positives, electronic files and the like shall remain the Customer's exclusive property. However where the content is generated by the Company, the Company may, in order to protect his intellectual property rights and at his absolute discretion, replace such material with unused material of a similar or better quality.
b. The Company may reject any film, discs, paper, plates, or other materials supplied or specified by the Customer which appear to him to be unsuitable for the purpose intended. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the Customer.
c. Without prejudice to clause 8.2.(b), where materials are so supplied or specified, and the Company so advises the Customer, and the Customer instructs the Company in writing to proceed anyway, the Company will use reasonable endeavours to secure the best results, but shall have no liability for the quality of the finished Work.
d. Quantities of materials supplied shall be adequate to cover normal spoilage. Any costs incurred as a result of shortages, including re-starting jobs, duplicating masters etc will be charged in addition to the estimated price.

8.3 Risk and storage

a. Customer's property and all property supplied to the Company by or on behalf of the Customer shall while it is in the possession of the Company or in transit to or from the Customer are deemed to be at Customer's risk unless otherwise agreed in writing and the Customer should insure accordingly.
b. The Company shall be entitled to make a reasonable charge for the storage of any Customer's property left with the Company before receipt of the order or after notification to the Customer of completion of the Work.
8.4 Finished Goods
a. The risk in the Work and all goods delivered in connection with the Work shall pass to the Customer on delivery and the Customer should insure accordingly.
b. On completion of the Work, the Company will store the Customer’s materials and Work for a maximum of one month, after which time they will be destroyed without further notice.

9. Materials and equipment supplied by the Company

a. Metal, film and other materials owned by the Company and used in the production of Intermediates, type, plates, film-setting, negatives, positives, electronic files and other production processes, together with items thereby produced, shall remain the Company's exclusive property.
b. Type shall be distributed and film and plates, tapes, discs, electronic files or other work destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, storage shall be charged.
c. The Company shall not be obliged to download any digital data from his equipment or supply the same to the Customer on disc, tape or by any communication link.

10. Retention of Title

a. The Work remains the Company's property until the Customer has paid for it and discharged all other debts owing to the Company.
b. If the Customer becomes subject to Insolvency and the Work has not been paid for in full the Company may take the goods back and, if necessary, enter the Customer's premises to do so, or to inspect and/or label the goods so as to identify them clearly.
c. If the Customer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the Company in a separate account until any sum owing to the Company has been discharged from such proceeds.
d. Where the Customer is in breach of these Terms or performs any act of Bankruptcy or Insolvency the Company reserves the right to approach the Customer's customer and to offer the Work directly to them, notwithstanding the fact that this will involve advising the Customer’s customer that the Customer is in breach or in default.

11. Claims and Liability

11.1 Claims

a. Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). All other claims must be made in writing to the Company within 14 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.
b. If the Work is defective so that the Customer may in law reject it, said rejection must take place within 7 days of delivery of the goods, failing which the Customer shall be deemed to have accepted the Work.
c. In the event of all or any claims or rejections the Company reserves the right to inspect the Work within seven days of the claim or rejection being notified.

11.2 Liability

d. Insofar as is permitted by law where Work is defective for any reason, including negligence, the Company's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.
e. Where the Company performs its obligations to rectify defective Work under this condition the Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Customer shall not be entitled to any further claim in respect of the Work nor shall the Customer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
f. Defective Work must be returned to the Company before replacement or credits can be issued. If the subject Work is not available to the Company the Company shall hold that the Customer has accepted the Work and no credits or replacement Work will be provided.
g. The Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the Work or for any loss to the Customer arising from delay in transit, whether as a result of the Company's negligence or otherwise.
h. Where the Company offers to replace defective Work the Customer must accept such an offer unless he can show clear cause for refusing so to do. If the Customer opts to have the Work re-done by any third party without reference to the Company the Customer automatically revokes his right to any remedy from the Company, including but not exclusively the right to a credit in respect of Work done by the Company.
i. Where the Work will be forwarded by or on behalf of the Customer to a third party for further processing the Customer will be deemed to have inspected and approved the Work prior to forwarding and the Company shall accept no liability for claims arising subsequent to the third party’s processing.
j. The Company reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should the Customer require the Company notwithstanding to continue, then the Company is only obliged to do so after confirmation from the Customer in writing.
k. Nothing in these Terms and Conditions shall exclude the Company's liability for death or personal injury as a result of its negligence.

12. Insolvency

Without prejudice to other remedies, if the Customer becomes insolvent, the Company shall have the right not to proceed further with the contract or any other Work for the Customer and be entitled to charge for Work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.

13. General Lien

Without prejudice to other remedies, in respect of all unpaid debts due from the Customer the Company shall have a general lien on all goods and property of or provided by the Customer in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for the Customer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Customer for any balance remaining be discharged from all liability in respect of such goods or property.

14. Illegal matter

a. The Company shall not be required to print any matter which in his opinion is or may be of an illegal, offensive, extreme or libellous nature or an infringement of the proprietary or other rights of any third party.
b. The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of the printing by the Company for the Customer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.

15. Copyright

a. The Customer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like (“Materials”) prior to instructing the Company to reproduce the same. The Customer shall indemnify and hold blameless the Company against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that that the reproduction of the materials by the Company infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
b. All design Work commissioned or ordered by the Customer and originated by the Company shall, as to its material elements and as to the copyright or design right in relation to it, belong to the Company.
c. The Customer shall not have any right to reproduce or authorise any other person to reproduce any such design Work in whole or in part or do any act which would, in the absence of written authorisation by the Company, infringe any copyright or design right which may subsist in relation to any such design Work.
d. The Company may, at the request of the Customer, assign the copyright and design right of design Work to the Customer upon payment of the Company’s expenses in relation to such assignment.

16. Suitability of Work supplied

It is the Customers responsibility to ensure that the product ordered from the Company is suitable and the Company shall not be held liable if the Customer orders a product that is unsuitable for its intended use, including (non-exhaustively) incorrect type of paper specified for goods to be post processed through a laser, inkjet or similar printing device, self adhesive or label products which have special requirements such as to be removable and products that will be used in connection with food or food packaging. The Company will take all reasonable steps to assist the Customer in specifying the correct product if the Customer so requests.

17. Periodical Publications

A contract for the printing of a periodical publication shall not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice must be given after completion of Work on any one issue. Nevertheless the Company may terminate any such contract forthwith should any sum due thereunder remain unpaid.

18. Force majeure

The Company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, Electronic File, Print Ready File or other data or materials supplied by the Customer; failure of power or heating supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may by written notice to the Company elect to terminate the contract and pay for Work done and materials used, but subject thereto shall otherwise accept delivery when available.

19. Data Protection

a. By placing an order with the Company the Customer consents to its details being held by the Company for accounting purposes and passed to third party contractors where necessary to complete the Work (such as carriers for the purpose of delivering the Work to the Customer) and this information will be retained by the Company even after the trading relationship has ceased.
b. By placing an order or registering on the Website the Customer consents to the Company using its information for marketing purposes whereby the Company may notify the Customer about its products, services or special offers that may be of interest, unless otherwise agreed.
c. The Customer is hereby notified that the Company may transfer personal information about the Customer to a Credit Agency pursuant to clause 7(f) above.

20. Law

These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.

21. Notices

All specifications and notices relied on by either Party and all variations to this agreement must be in writing and include a duly authorised signature.

22. Variation to Terms and Conditions

These Terms and Conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via the Website or requested in writing.

23. Consumers

a. Nothing in these Terms and Conditions shall affect the rights of Consumers.
b. “Cooling off Period” - Due to the bespoke made to order nature of printed matter the Customer shall not be entitled to a “cooling off” period to cancel the Work ordered. However, if the Customer cancels any contract the Company shall only charge the Customer for any materials purchased for the contract and Preliminary Work or Work already undertaken up to the time of cancellation.

24. Severability

All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.

 

Privacy Policy

This privacy policy sets out how bigartandbanners.com uses and protects any information that you give bigartandbanners.com when you use this website. bigartandbanners.com is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. bigartandbanners.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 14/01/2011.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postcode
• other information relevant to customer offers

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security:

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We do not store any financial information.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. Controlling your personal information You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@bigartandbanners.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you via a SAR (Subject Access Request) under GDPR. We will respond within 30 days. Under GDPR, if we feel "a request is manifestly unfounded or excessive, particularly if it is repetitive", we may require a "reasonable fee" to be set in accordance with the scope of the request. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Cookies

We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. The different types of cookies are listed below:

Strictly necessary cookies

These cookies enable services you have specifically asked for. For those types of cookies that are strictly necessary, no consent is required.

These cookies are essential in order to enable you to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies services you have asked for, like favourites or personal pricelists, cannot be provided.

Performance cookies

These cookies collect anonymous information on the pages visited. By using the Website, you agree that we can place these types of cookies on your device.

These cookies collect information about how visitors use the Website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Website works.

Functionality cookies

These cookies remember choices you make to improve your experience. By using the Website, you agree that we can place these types of cookies on your device.

These cookies allow the Website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be made anonymous and they cannot track your browsing activity on other websites.

Are cookies safe?

Yes, cookies are harmless text files. They can't look into your computer or read any personal information or other material on your hard drive. Cookies can't carry viruses or install anything harmful on your computer.

Your right to refuse cookies and what happens if you refuse them

You can refuse cookies by activating the relevant setting on your browser. However, if you do so you may not be able to access all or parts of our site. If you carry on using our site and do not change your browser settings wewill assume you consent to us using cookies as described above.

The table below lists the cookies we collect and what information they store.

COOKIE name
COOKIE Description
CART
The association with your shopping cart.
CATEGORY_INFO
Stores the category info on the page, that allows to display pages more quickly.
CURRENCY
Your preferred currency
CUSTOMER
An encrypted version of your customer id with the store.
CUSTOMER_AUTH
An indicator if you are currently logged into the store.
CUSTOMER_INFO
An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS
Stores the Customer Segment ID
EXTERNAL_NO_CACHE
A flag, which indicates whether caching is disabled or not.
FRONTEND
You sesssion ID on the server.
GUEST-VIEW
Allows guests to edit their orders.
LAST_CATEGORY
The last category you visited.
LAST_PRODUCT
The most recent product you have viewed.
NEWMESSAGE
Indicates whether a new message has been received.
NO_CACHE
Indicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART
A link to information about your cart and viewing history if you have asked the site.
RECENTLYCOMPARED
The items that you have recently compared.
STF
Information on products you have emailed to friends.
STORE
The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE
Indicates whether a customer allowed to use cookies.
VIEWED_PRODUCT_IDS
The products that you have recently viewed.

We print for

Amazon logo Itv logo John Lewis logo McDonalds logo Soccer logo Soccer logo Harvey Nichols logo Joseph Holt logo BBC logo Eddie Stobart logo

Our customers love us

Stephen P
5 days ago
Just what I needed. Excellent quality. Thank you.
Andrew G
6 days ago
Very helpful staff. A quality product turned around in good time.
Ellen E
1 week ago
Fabulous customer service; I do not hesitate to recommend this reliable company. Very pleased with the quality of the photo prints on the banner.
Simon R
1 week ago
Brilliant service and quality, I would definately use them again.
Owen L
1 week ago
Easy ordering, helpfull staff and propmt delivery.
Rod F
2 weeks ago
Alex did a 2ft x 10ft design for my pest Control business, it was fantastic!
James G
3 weeks ago
Great service really helpful and fast delivery
Darren S
3 weeks ago
Great service.
Fred H
3 weeks ago
Love this company- went with them with no clue and they designed an excellent banner for us- fast delivery excellent service all round- wont go anywhere else now!!
Anonymous
3 weeks ago
Were quick to identify a mistake with the initial order, rectified it and delivered quickly too. Great service!