Terms & Conditions of Sale
1. Scope
These terms and conditions apply to all products and services provided by Oomph Limited. Oomph Limited is a company registered in England & Wales (No: 04017072), with registered head office at 24 Longmoor Road, Liphook, GU30 7NY, United Kingdom
2. Price Quotations
Quotations are provided based upon Oomph’s understanding of the customer requirements and the current costs of production; all quotations are normally valid for a period of 30 days unless otherwise advised by Oomph in writing.
Oomph will make every effort to avoid price changes; although all prices are subject to amendment until confirmation of requirements and placement of order by the customer.
3. Tax
Oomph will apply the appropriate rate of UK value added tax to the cost of all quotations and orders at the date of invoice, Oomph cannot be held responsible for any changes in the prevailing VAT rates to be applied. Oomph VAT number is GB733782026.
4. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer's request shall be chargeable.
5. Proofs
Oomph will manage the complete production process to ensure customer satisfaction, although the customer shall be responsible for ensuring the accuracy and quality of all information and copy data provided to Oomph.
Proofs of all work may be submitted for customer’s approval and Oomph shall incur no liability for any errors not corrected by the customer in proofs so submitted. The customer will remain fully responsible for validating all appropriate details including any artwork, colours, spelling and fonts.
Please note that if order is a re-print and requires an exact colour match to a previous order, the customer will be required to supply an actual card as a sample to ensure a satisfactory colour match can be achieved. In these circumstances all reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Oomph shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Oomph or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order. This is especially true when the sample submitted is printed on board, not laminated plastic.
6. Copyright
The customer shall retain ownership of all copyright of data submitted, but will grant Oomph a royalty-free, non-terminable licence to use in order to fulfil the requirements of customer orders.
Unless expressly requested not to do so by the customer, Oomph reserves the right to use any artwork images from completed orders to promote itself. Oomph will, as a matter of courtesy, request the approval of the customer before proceeding, although such approval is not to be unreasonably withheld.
The customer shall be fully responsible for obtaining the necessary approvals to enable Oomph to reproduce all images and artwork it supplies, and shall indemnify Oomph against any third party claims associated with the use of such images. Oomph will not provide customers with any products which may be of an illegal or libellous nature or a potential infringement of the proprietary rights of any third party.
7. Branding & Trademarks
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content are the intellectual property of Oomph or its content providers. No reproduction of any part is allowed without written permission.
Unless specifically requested not to do so by the customer, Oomph may include its’ own brand logos and other trademarks as appropriate. These will be included in the final proofs and subject to customer approval; they are intended to promote and validate the authenticity of the products.
All logos, names, images and trademarks of Oomph and its subsidiaries are proprietary rights of the Oomph group; the use any such logo, name, image or trademark is not permitted without our prior permission.
8. Delivery & Payment
Turnaround or (the “Lead Time”) is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. These are full Working Days, from 9:00am to 5:30 pm GMT. All orders are made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period, either 5, 10 or 15 working days (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 8(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should Oomph fail to deliver within the Guaranteed Period a service “credit” will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, Oomph, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time.
In addition:
a) These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by Oomph or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Express or Rush fees (“Premium Charges”) but Oomph shall not be bound to deliver within the Guaranteed Period.
b) Delivery of work by Oomph shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where Oomph is obliged to deliver the work) actual delivery of the work to the customer by Oomph. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which Oomph is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Where Oomph is obliged to deliver the work to the customer but the customer provides Oomph with incomplete or incorrect delivery information or is not available to accept delivery, then provided that Oomph has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
c) Unless otherwise specified the price quoted on its website will not include delivery. Delivery charges to the UK mainland will be displayed at checkout. The standard Oomph delivery service provides next day delivery via UPS, Mondays to Fridays, before 17.30 hrs, to a single UK mainland address. Should expedited delivery be agreed Oomph shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more Oomph shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
e) Risk of loss of or damage to work completed by Oomph shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Oomph until Oomph has received payment in full in respect of the work.
f) Payment should be made with placement of order (unless a credit account customer); once payment has been received Oomph will start processing the order.
g) In the unlikely event that Oomph deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of Oomph’s confirmation to the customer of its agreement to reprint the work.
9. Cancellation of Orders
In the event of customer cancellation after placement of order and receipt of payment, but prior to approval of proofs, a full refund will be given minus an administration fee of 5% of order value.
Once proofs have been confirmed by the customer and Oomph has started the production process, cancellation of orders will not be possible and no refunds can be given.
10. Returns, Reprints and Refunds
We want to make sure you are completely happy with your Oomph products but we do realise that occasionally, issues may arise. We will do everything we can to ensure that this is resolved quickly and efficiently. If for any reason, following receipt of your products, you are not satisfied with your purchase, please call our customer team on 0845 644 8171.
You can reach us by phone from 9:00am to 5:30pm Monday to Friday (closed on Sundays & bank holidays). Our customer service agents are ready to answer your call.
For queries out of business hours, or if it's more convenient for you to email, you can reach us on: aftercare@madebyoomph.co.uk
We aim to reply to all our customer emails within 24 hours and we are happy to return your call during office our hours at a time that is more convenient for you. We will need to speak over the phone before authorising a return (see below).
We will arrange a free collection of the goods if you are unhappy with them for any reason. Once we have inspected the goods and in the unlikely event that an item doesn't meet our published specification we will reprint or in exceptional circumstances issue a refund, providing that the following conditions in paragraph 5, 8 and 10 are met.
In addition:
a) All goods must be returned in full, with no missing items
b) Returns should be in original packaging and sealed accordingly
c) Job number should be clearly written on package
11. Claims
Advice of damage, unsuitability, delay or partial loss of goods in transit or of non- delivery must be given in writing to Oomph and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Oomph and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Oomph within 28 days of delivery. Oomph 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) advice (where required) was given and the claim made as soon as reasonably possible.
12. Liability
Oomph gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Oomph shall not be liable for any loss arising from delay in transit not caused by Oomph. Further, Oomph shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Oomph in respect of any and all causes of action arising out of or in connection with the customer’s order and Oomph’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to Oomph by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation
13. Force Majeure
Oomph will not accept any liability if it is unable to meet its obligations to the customer for any reason outside its control including (but not limited to); acts of god/natural disasters, governmental legislation, war, power failures, industrial action by agents & third parties
In the event of such an occurrence, Oomph will use its best endeavours to satisfy the delivery requirements as soon as it is able, although the customer will have the option to terminate the contract and pay for work completed and costs incurred by Oomph until that point.
14. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Oomph reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
15. Insolvency
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, Oomph without prejudice to other remedies shall (i) 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 Oomph, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Oomph’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Oomph thinks fit and to apply the proceeds towards such debts.
16. Illegal Matter
a) Oomph shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party.
b) Without prejudice to paragraph 6 above, the customer shall indemnify and hold Oomph harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
17. Data Protection
If you send an email through our site, you will provide basic information that we won’t use for anything other than responding to you. Personal information from our Order Form as well as your password is used by us only for the purpose of processing your order form, delivering your goods and other obligations. Data collected by our web servers and cookies aren’t transferred to any third parties. Data collected through the site or on sending an email may be provided to deal with your order or by authorised third parties.
18. Security
Our telephone payment system is secure. Credit card transactions are processed by HSBC, the UK’s leading bank processor of reliable, secure and fast online credit and debit card transactions. All data is encrypted between us and them to keep it safe from prying eyes.
19. 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.
20. Law
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between the printing.com reseller and the customer into which these terms are incorporated.