Terms & Conditions

Last Revised: 2nd August 2012

1. Definitions

In these terms and conditions:-

“DO” means Design Objectives Limited (trading as Docrafts) of Unit 90, Woolsbridge Industrial Park, Three Legged Cross, Wimborne, Dorset, BH21 6SP;

“the Products” means the products sold or supplied by DO to the Purchaser including labelling and packaging in respect thereof;

“the Price” means the price of the Products as displayed on the website or in written form in all marketing materials or as specified on invoices supplied by DO;

“working day” means every day of a calendar year apart from weekends and statutory and public holidays;

“you” means the entity ordering the Products under these terms and conditions, also referred to as the “Purchaser”.

“Event” means a Design Objectives approved demonstration run by an authorised DO demonstrator at the Purchaser’s request.

“PoS” means Point of Sale marketing materials and collateral; any item(s) provided by DO to support the Purchaser in promoting and selling items supplied by DO.

2. Order and Acceptance

2.1 These Conditions shall apply to and form part of all orders and other contracts for the sale or supply of the Products by DO to the Purchaser. Any terms and conditions in the Purchaser’s order or enquiries inconsistent with these Conditions shall be of no effect unless agreed to in writing by a Director of DO. All orders for the Products shall be deemed to be an offer by the Purchaser to purchase the Products in accordance with these Conditions.

2.2 There shall be no contract for the supply of the Products until such time as there is acceptance of the order for the Products by DO. Such acceptance is signified by the creation of a despatch note and invoice at time of shipment.

3. Ordering from DO

3.1 Any contract for the supply of Products made through the website will be with DO.

3.2 All orders will be processed at time of receipt and all Products available will be despatched if your account is operating within authorised payment terms at the point of processing.

3.3 In the UK DO publishes suggested or recommended retail prices for its products (SRP’s or RRP’s). The Purchaser is, however, entirely free to resell the Products at whatever price it considers appropriate.

3.4 DO operates a ‘real time’ order despatch service and all purchaser orders are passed for processing immediately. It is not therefore possible to add to an order after it has been passed for processing.

4. Delivery of Products

4.1 DO will despatch the products ordered by you to the person and address you give DO at the time you place your order or to the address submitted by the Purchaser as recorded on DO’s systems. For Products delivered outside of the EU, the consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.

4.2 Purchaser orders are always accompanied by a DO despatch note and/or invoice. The despatch note details the contents in full, enabling Purchasers to check orders upon receipt.

4.3 The items detailed on the despatch note will reflect all items contained in each consignment. The invoice is identical to the despatch note, but also includes Price details and amounts payable to DO.

4.4 Domestic deliveries (UK & Northern Ireland) will be made as soon as possible after your order is accepted and in any event within 10 calendar days of despatch. Subject to order acceptance, satisfactory credit status, stock availability and freight efficiency, it is DO’s intention to deliver all domestic orders within 5 working days from date of order receipt.

4.5 Delivery will be made by DO’s appointed carrier. Every reasonable effort will be made to execute orders in one consignment.

4.6 DO operates a “back order” system whereby if the Purchaser orders Products that are out of stock, the next order will be automatically updated with those items short shipped on the previous order. Back orders will generally be given priority and consolidated with current orders.

4.7 The Products shall be at the Purchaser’s risk from delivery.

4.8 Any claims against DO for non-delivery of items must be notified to DO in the first instance by telephone by the Purchaser within 48 hours of receipt or, in the case of total non-delivery, within 30 days of order placement.

4.9 Goods sold to overseas customers are priced ex-works. This means that the Purchaser is responsible for paying freight costs.

4.10 All overseas Purchasers will be advised of delivery arrangements prior to order despatch.

5. Price

5.1 Subject to clause 4.9 and unless otherwise agreed in writing from time to time, the Price is inclusive of normal packaging and freight and delivery charges and exclusive of VAT and other applicable taxes, duties or levies all of which are payable by the Purchaser in addition to the Price.

5.2 Any order with a net value of £100 or less, or €250 or less will be subject to an additional handling charge of £10 or €15 to cover freight and administration costs.

6. Payment

6.1 The time of payment shall be of the essence of any order or other contract to which these Conditions apply. Payment is to be made by the Purchaser within 30 calendar days of the end of the month following the date of the invoice e.g.. orders invoiced on 15th Feb fall due for payment by no later than 30th March.

6.2 In addition to any other rights or remedies which DO might have, if the Purchaser fails to make any payments due to DO hereunder, DO shall be entitled to charge (in addition to such sums) interest on the outstanding amount at 3% above the base rate quoted daily by The Royal Bank of Scotland PLC calculated on a daily basis from the date payment becomes overdue until the date payment is received.

6.3 Payment shall be made by the Purchaser in GBP or Euro as instructed by DO by bank transfer (which for the avoidance of doubt shall include direct debit) or cheque to such bank account as DO may from time to time notify in writing to the Purchaser.

6.4 Payment shall be construed as being received at the time DO receives the cleared funds in its bank account from the Purchaser or the Purchaser’s bankers.

6.5 DO shall be entitled to allocate payments received from the Purchaser against any invoice issued to the Purchaser that is due for payment

6.6 In no event shall the Purchaser be entitled to make any deduction from any payment for an order due to DO in respect of any set-off or counterclaim.

7. Liability

7.1 DO’s liability (if any) whether in contract, tort (including, without limit, negligence) or otherwise in respect of any defect in the Products, or for any breach of these Conditions, or of any duty owed to the Purchaser in connection with them shall be limited to the amount of the Price.

7.2 DO shall not be liable for:

7.2.1 any delays in delivery; or

7.2.2 any minor variations in colour, texture, shade and/or general appearance of the Products; or

7.2.3 any loss of profit or goodwill suffered or incurred by the Purchaser or any third parties; or

7.2.4 any indirect or consequential loss of any kind whatsoever; or

7.2.5 the cost of substitute goods.

7.3 Nothing in these Conditions shall exclude or restrict DO’s liability:

7.3.1 for any fraudulent misrepresentation made to the Purchaser on which the Purchaser relied in entering into any contract made under these Conditions; or

7.3.2 in relation to any statutory implied conditions as to title in the Products; or

7.3.3 to any person for death or personal injury to that person resulting from DO’s negligence; or

7.3.4 under consumer protection legislation to a person who has suffered physical injury caused wholly or partly by a defect in the Products or to a dependent or relative of such a person.

8. Returns

8.1 The Purchaser shall have the right to return Products supplied that are proven to the satisfaction of DO not to be in accordance with the specifications of the order or are defective by way of faulty material or workmanship.

8.2 The issuing of a credit note, instructions to return Products or arrangements for the collection of Products are made without prejudice and should in no way be construed as an acceptance of liability.

8.3 Prior to making any Product returns, the Purchaser must first contact DO to obtain an authorised returns number.

8.4 In order to ensure that DO is always able to identify whom returns are from, the Purchaser shall always enclose with the return a note clearly stating the Purchaser account number, returns number, business name, address, telephone number and reason for return.

8.5 If accepted as faulty by DO, Products will be replaced, repaired or a credit note issued. DO reserves the right to make the final judgment as to how such recompense is processed.

8.6 Only Products that can be proven to have been purchased from DO will be deemed to be bona fide returns. Such proof will be by way of delivery note or invoice.

8.7 Where credit notes are issued they will be at the price prevailing at the time of credit.

8.8 Any Purchaser who promises to refund or replace an item without it first being examined and accepted by DO’s warranty team, does so at their own risk.

8.9 The cost of returning faulty Products will be the responsibility of the Purchaser unless otherwise agreed.

8.10 DO reserves the right, in certain cases, to make an administration charge of up to 50% of the value of the goods for unauthorised returns.

8.11 DO shall not in any event be liable for any indirect, special or consequential damages arising including but not limited to financial loss or loss of profits in connection with or arising out of the supply, failure to supply, functioning or use of the Products.

9. Warranty

9.1 DO makes no representation as to the fitness of the Products for any particular purpose and shall be under no liability whatsoever to the Purchaser in respect of any loss caused to the Purchaser by reason of the Products being unfit for any particular purpose unless the Purchaser informs DO in writing in advance of such purpose and DO fails, if it knows that such is the case, to inform the Purchaser that the Products will not be fit for such purpose.

9.2 DO hereby supplies such warranties as to title and fitness for purpose in respect of the Products as are required by law and that DO is not by law permitted to exclude or restrict.

10. Transfer of Risk and Title

10.1 The Products shall be at the Purchaser’s risk of loss or damage from the time of delivery.

10.2 Title of each item of the Products will not pass to the Purchaser until the Purchaser has made payment in full to DO in respect of the Products and no other amounts are then outstanding from the Purchaser to DO in respect of any other Products supplied by DO. Until such payment the Purchaser shall hold the Products to the order of DO subject to the right to re-sell set out in clause 10.4. DO may bring an action for the Price notwithstanding that title in the Products has not passed to the Purchaser.

10.3 Until such time as title in the Products has passed to the Purchaser, the Purchaser shall ensure that the Products are securely stored at no cost to DO. The Purchaser shall ensure that the Products are properly maintained in the condition in which they were delivered and shall make good any damage or deterioration.

10.4 The Purchaser may resell the Products in the ordinary course of its business before title in the Products has passed to it provided that any sale is a sale of DO’s property on the Purchaser’s own behalf and is made by the Purchaser acting as principal. The Purchaser shall be deemed to have sold all Products of the kind sold by DO to the Purchaser in the order in which they were invoiced to the Purchaser.

10.5 Until such time as title in the Products passes from DO, the Purchaser:

10.5.1 shall not part with possession of the Products save as a result of a resale pursuant to clause 10.4; and

10.5.2 shall upon request deliver to DO all unsold Products. If the Purchaser fails to do so, DO may, during business hours, without notice enter onto the premises owned, occupied or controlled by the Purchaser where the Products are located or where DO reasonably believes the Products are located and repossess the Products; and

10.5.3 grants DO an irrevocable licence of entry and access for this purpose.

10.6 The Purchaser shall not pledge or in any way charge by way of security for any indebtedness any of the Products which are the property of DO. Without prejudice to the other rights of DO, if the Purchaser does so, all sums owing by the Purchaser to DO in relation to the Products shall forthwith become due and payable.

10.7 The Purchaser shall insure and keep insured, until title in the Products passes to the Purchaser, the Products to the full Price against “all risks” to the reasonable satisfaction of DO from the time of delivery of the Products, and shall whenever requested by DO produce a copy of the policy of insurance.

10.8 The Purchaser shall leave in position and not cover, deface or erase any notices or other marks (including serial numbers and notices that a patent, trade mark, design or copyright relating to the Products is owned by DO or a third party) which DO may place on or affix to the Products.

11. Delivery

11.1 Delivery shall take place on the first to occur of the following or as otherwise agreed between the parties:

11.1.1 delivery of the Products to the Purchaser’s premises ready for unloading

11.1.2 delivery of the Products to the agreed point of loading.

11.2 Any delivery dates requested by the Purchaser or estimated by DO are approximate only and time of delivery shall not be of the essence, nor may the Purchaser make it so without DO’s prior written agreement. DO will use its reasonable endeavours to deliver in accordance with the delivery schedule agreed between the parties.

11.3 If the Purchaser refuses to agree a reasonable delivery date, does not respect an agreed delivery date or does not tender payment or provide DO with such documentation as it shall reasonably require in order to effect delivery, DO:-

11.3.1 may either effect delivery at the Purchaser’s expense by whatever means it thinks most appropriate or arrange storage at the Purchaser’s risk and expense pending delivery; and

11.3.2 may, upon giving the Purchaser at least 2 working days prior notice and the option to accept delivery within that timescale, re-sell or otherwise dispose of the Products or part of them without prejudice to any other rights DO may have against the Purchaser for breach of contract or otherwise.

11.4 DO shall be entitled to deliver the Products by instalments and in such case each instalment shall constitute a separate contract and any failure or defect in delivery of any one or more instalments shall not entitle the Purchaser to repudiate the contract as a whole nor to cancel any subsequent instalment.

11.5 The Purchaser must inspect the Products upon delivery and inform DO in writing within 48 hours of any products which are delivered in a damaged or defective state or of any shortfall in the quantity of any delivery. Any shortfall in the quantity of Products delivered from that stated in any contract to which these Conditions apply shall not give rise to a claim for damages for breach of contract solely as a result of such shortfall. However, the Purchaser shall only be obliged to pay at the contract rate for the quantity of Products delivered.

11.6 Non-delivery must be reported by the Purchaser by telephone within 48 hours of the agreed date of delivery and confirmed in writing within 5 working days of the agreed date of delivery.

12. Default, Purchaser’s Insolvency and Termination

12.1 In the event that:

12.1.1 there is any default or breach of any of the Purchaser’s obligations under these Conditions, including without limitation any failure to make any payments due to DO hereunder; or

12.1.2 the Purchaser shall make or offer to make any arrangement or composition with creditors, or any petition or receiving order is threatened, presented or made against the Purchaser, or (if the Purchaser is an individual) any order or petition for the Purchaser’s bankruptcy shall be threatened, made or presented or (if the Purchaser is not an individual) any order, resolution or petition to wind it up shall be threatened, made, passed or presented, or a receiver, manager or administrative receiver of all or any of its assets shall be appointed, or an administrator shall be appointed, an application for an administrator’s appointment made or a notice for an administrator’s appointment filed, or DO considers the Purchaser threatens to become insolvent or the Purchaser does become insolvent, or the Purchaser undergoes any similar or analogous process to the foregoing in any jurisdiction; or

12.1.3 there is a material change in the control or ownership of the Purchaser,

then (without prejudice to any other remedies DO might have) in any such case, the Purchaser’s right (under clause 10.4 or otherwise) to resell Goods in which title has not passed to it shall immediately terminate and outstanding unpaid invoices rendered by DO in respect of the Products shall become immediately payable by the Purchaser and (except where DO exercises its rights under clauses 12.1.4, 12.1.5 or 12.1.6) invoices in respect of Products ordered and delivered prior to termination but for which an invoice has not been submitted shall be payable immediately upon submission of the invoice and DO shall be entitled to:-

12.1.4 refuse to make delivery of any further consignment of any Products agreed to be supplied, including cancelling any outstanding delivery or stopping any Products in transit; and/or

12.1.5 cancel or suspend any current or future order or other contract to which these Conditions apply (either in whole or part) by notice in writing to the Purchaser; and /or

12.1.6 sell or otherwise dispose of to a third party any Products which are the subject of any order by the Purchaser and which have not yet been delivered.

12.2 In the event any contract to which these Conditions apply is terminated by DO under clause 12.1, the Purchaser shall indemnify DO against all losses arising out of such termination. Such losses shall be deemed to include loss of profits, the cost of work in progress, labour costs and the cost of any materials or components purchased by DO for use in manufacturing the Products for the Purchaser which were not so used and which DO will be unable to use in future in the production or manufacture of any other products.

12.3 Termination of any contract to which these Conditions apply shall be without prejudice to any rights accrued in favour of either party prior to the date of such termination.

13. Intellectual Property

13.1. All patent, trade mark, copyright or other industrial or intellectual property rights relating to Products manufactured by or on behalf of DO shall as between DO and the Purchaser remain DO’s absolute property and shall not be disclosed or copied without DO’s written consent.

13.2. DO grants the Purchaser a non-exclusive non-transferable licence to download and use DO images and other DO intellectual property from the DO website. DO reserves the right to withdraw the said licence to use said imagery and intellectual property at any time on notice or if the Purchaser’s use of any of them is considered by DO not to be in the best interest of DO or the intellectual property. Upon termination of said licence the Purchaser shall immediately discontinue use of the said imagery and intellectual property.

13.3. Other than for matters arising as a result of wilful default or negligence on the part of DO, the Purchaser shall indemnify DO in full against all costs, howsoever incurred, that it may incur as a result of third party claims against DO relating to the sale, supply or use of the Products by the Purchaser and/or Purchaser’s customers.

14. Entire Agreement

14.1 These terms and conditions, together with the current DO website prices, delivery details and DO’s contact details, set out the whole of the agreement relating to the supply of the Products to you by DO. These terms and conditions cannot be varied except in writing signed by a director of DO.

15. Force Majeure

15.1 DO shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond DO’s reasonable control.

16. Hyperlinks

16.1 DO’s website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not DO’s responsibility. DO has used its reasonable endeavours in preparing its website and the information included in it is done so in good faith. However, DO has no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which DO’s website is linked shall imply any approval or warranty as to the standing and capability of any such organisation, company or individual on the part of DO.

17. Events

17.1 A DO event can only be booked using the authorised booking methods or by authorised DO staff members.

17.2 Only DO Approved Event demonstrators are authorised to demonstrate at DO events unless otherwise agreed in advance in writing.

17.2 Where a Purchaser books in-store events online, DO’s connection is as a channel for this only and DO shall not be held liable for the cancellation and/or delay by any third party contracted to provide the event.

17.3 If an event is cancelled at the requested of the Purchaser less than 72 hours prior to the event start date and time the entire cost of the event will be borne by the Purchaser.

17.4 DO demonstrators are not employed by DO and as such do not necessarily represent the views of DO. 

18. Point of Sale “PoS”

18.1 PoS and Marketing Material are any items that are supplied by DO to assist the Purchaser in the promotion and sale of items supplied by DO.

18.2 These items can include but are not limited to: Flyers and other printed materials; Electronic Hardware e.g. Video Display Units (VDUs); Floor Standing Display Units (FSDU’s); Racks; Spinners and Slatwall Bay Units.

18.3 Where we provide, loan, or rent equipment to the Purchaser all items will remain DO’s property at all times.

18.4 The Purchaser is responsible for making sure that our equipment is safe and used properly.

18.5 The Purchaser agrees to follow the manufacturer’s instructions and any other instructions provided.

18.6 The Purchaser is responsible for any loss, theft or damage to the equipment regardless of how it happens, and for arranging appropriate insurance to cover against this.

18.7 Within 14 calendar days of service termination, the equipment must be returned in good working condition to the DO offices at the Purchaser’s cost and risk. If you fail to do so, DO reserve the right to charge the Purchaser for replacement of the equipment at the current market rate at the time of return. Payment for such charges must be received within 28 working days.

19. Miscellaneous

19.1 The Purchaser shall keep confidential at all times any and all information, data and other items (“Information”) received from DO which are marked “Confidential” or which may by their nature reasonably be considered to be confidential. This obligation shall not however apply to Information which is in or, without breach of this obligation, comes into the public domain or which is already in the Purchaser’s possession without obligation of confidence.

19.2 The Purchaser may not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any person whatsoever. These Conditions shall not confer any benefit upon any person who is not a party to the contract between DO and the Purchaser.

19.3 These Conditions shall constitute the entire agreement between DO and the Purchaser and any modification to these Conditions will be binding only if it is evidenced in writing, signed by a Director of DO and such evidence contains a specific reference to these Conditions being modified. The Purchaser confirms that in entering into its contract with DO it has not relied upon any matter not set out in these Conditions and acknowledges that, except in relation to fraudulent misrepresentation, DO shall not have any liability for pre-contract statements, representations or similar except where fraudulent.

19.4 Each of the above provisions and the separable parts thereof shall be construed as independent and standing on its own. Should any part of these Conditions be or become partially or totally invalid or for any reason unenforceable it shall be deemed deleted and none of the other provisions or parts thereof shall be invalidated or affected in any way and shall remain in full force and effect.

19.5 A failure by either DO or the Purchaser to enforce any right conferred upon it by these Conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

19.6 If one party needs to give a formal notice to the other, it shall do so in writing, sent by international courier (if to or from a non-UK address) or pre-paid first class post (if to and from a UK address) to the recipient’s registered office address or, alternatively, to the recipient’s address set out on its most recent order and/or invoice. A notice given in this way shall be deemed to have been served on the second working day after the date of posting.

19.7 Any contract to which these Conditions apply (and these Conditions themselves) shall be governed by English Law and the parties hereby agree to be subject to the exclusive jurisdiction of the English Courts.

20. docrafts Rewards

20.1 “docrafts Rewards” is our customer loyalty program for any eligible customers. Design Objectives Limited Independent customers based in the UK and Republic of Ireland with a trade discount percentage between 45% and 55%.

20.2 To find out more about the docrafts Rewards program please click here.

20.3 If you have a trade account with us, you can earn points from the purchase of goods ordered via our services.

20.4 We reserve the right to exclude certain products from the docrafts rewards program.

20.5 Promotional activity could be calculated using a different multiplier.

20.6 The number of docrafts Rewards points will be calculated by taking the quantity of units purchased multiplied by the unit price of the product. docrafts Rewards points will be rounded down to the nearest whole number, this will be multiplied by the number of points earned per pound (currently 2) and then rounded down to the nearest whole number. (e.g. 42p x 10 = £4.20, times by the multiplier 2 = £8.40 which would give you 8 points.

20.7 docrafts Rewards have no cash value and may not be assigned or transferred.

20.8 docrafts Rewards points are redeemed via www.docrafts.biz from the account payment facility.

20.9 Redeemed points will reduce your account balance by the value of the points.

20.10 docrafts Rewards points will expire within 12 months if they are not redeemed.

20.11 docrafts Rewards points will expire on closure of your Account.

20.12 We reserve the right automatically redeem points if your account goes into arrears.

20.13 We reserve the right to amend the number of points offered per product and by promotion.