Terms and conditions

OVERVIEW
Welcome to Bite Promotions! The terms "we", "us" and "our" refer to Bite Promotions. Bite Promotions operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Bite Promotions is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Bite Promotions reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Bite Promotions confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Bite Promotions may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Bite Promotions, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Bite Promotions, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bite Promotions.
Bite Promotions's names, logos, product and service names, designs, and slogans are trademarks of Bite Promotions or its affiliates or licensors. You must not use such trademarks without the prior written permission of Bite Promotions. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Bite Promotions is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Bite Promotions. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bite Promotions, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Bite Promotions.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Bite Promotions, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Bite Promotions, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Bite Promotions, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bite Promotions, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Bite Promotions is headquartered. You and Bite Promotions consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@bitepromotions.co.uk.
Our contact information is posted below:
[INSERT TRADING NAME]
sales@bitepromotions.co.uk
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] Plain English summary

These terms explain how orders are accepted, paid for, delivered, checked, and returned. They are mainly written for business customers and cover bespoke and personalised products, artwork responsibilities, payment terms, delivery timing, and what happens if goods are faulty or damaged.

Please read these terms carefully before placing an order. By placing an order, you agree that these terms apply to your purchase.

Terms and Conditions

Version 1.2
Date: 07/2026

1. Interpretation

1.1 In these Conditions, the following words have the following meanings:

• Company means Michton Limited, company number 3838817, whose registered office is at Unit 3 Kenfig Industrial Estate, Margam, SA13 2PE.
• Contract means any contract between the Company and the Customer for the sale of Goods, incorporating these Conditions.
• Customer means the person, firm or company who purchases the Goods from the Company.
• Credit Account means the credit account offered by the Company to the Customer which qualifies the Customer for the Company’s standard terms of 30 days credit.
• Goods means any goods agreed in the Contract to be supplied to the Customer by the Company, including any part or parts of them.
• Minimum Carriage Paid Order Value means the minimum monetary order value which qualifies the Customer for free delivery, as set out in the Product List.
• Product List means the Company’s product brochure.
• Working Day means any day other than Saturday, Sunday, or a UK bank, public, or statutory holiday.

1.2 A reference to a statute or statutory provision is a reference to it as it is in force from time to time, taking account of any amendment, extension, application, or re-enactment, and includes any subordinate legislation made under it.

1.3 Words in the singular include the plural and words in the plural include the singular.

1.4 A reference to one gender includes a reference to any other gender.

1.5 The headings in these Conditions do not affect their interpretation.

2. Application of Terms

2.1 Subject to any variation under condition 2.3, the Contract shall be on these Conditions to the exclusion of all other terms and conditions, including any terms or conditions which the Customer seeks to apply under any purchase order, confirmation of order, specification, or other document.

2.2 No terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase order, confirmation of order, specification, or other document shall form part of the Contract simply because such document is referred to in the Contract.

2.3 These Conditions apply to all the Company’s sales. Any variation to these Conditions, and any representations about the Goods, shall have no effect unless expressly agreed in writing and signed by a Director of the Company. The Customer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.4 Each order placed by the Customer shall be deemed to be an offer by the Customer to buy Goods subject to these Conditions.

2.5 No order placed by the Customer shall be deemed to be accepted by the Company until the Company confirms acceptance of the order, whether orally or in writing, or, if earlier, the Company commences manufacture of the Goods, orders the Goods or raw materials needed for the Goods from a supplier, appropriates Goods to the Customer’s order, or dispatches the Goods to the Customer, whichever occurs first. Any order may be accepted entirely at the Company’s discretion.

2.6 Orders may be placed directly with the Customer’s sales contact, or with the Company’s telesales department by emailing sales@michton.com, telephoning 01792 293 689 during the Company’s normal working hours, or writing to Michton Limited, Unit 3 Kenfig Industrial Estate, Margam, SA13 2PE. Orders will only be confirmed in writing on request.

2.7 The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate and shall provide details of the Customer’s account number, if applicable, relevant product code(s), product description(s), sizes, and quantities of items required.

2.8 Any quotation is given on the basis that no Contract shall come into existence until the Company confirms it has accepted the order, whether orally or in writing, or, if earlier, the Company commences manufacture of the Goods, orders the Goods or raw materials needed for the Goods from a supplier, appropriates Goods to the Customer’s order, or dispatches the Goods to the Customer, whichever occurs first. Any quotation is subject to final confirmation and is valid for 30 days from its date, provided the Company has not previously withdrawn it.

2.9 The Company will provide a specification for the Goods, or will pass to the Customer any specification provided by the manufacturer of the Goods. Specifications will be provided in the Company’s standard format, or the manufacturer’s format if applicable. If the Customer requires the Company to complete a specification in accordance with the Customer’s requirements or format, or asks the Company to complete the Customer’s own or additional forms or provide additional information, the Company reserves the right to charge for the time and administration costs incurred at rates notified to the Customer following the Customer’s request.

3. Cancellation

3.1 The Customer may only cancel an order, or part of an order, which has already been accepted in accordance with condition 2.5 if the Company agrees in writing. The Company is not obliged to agree to any cancellation and may complete the order even if the Customer seeks to cancel it.

3.2 If the Company agrees to any cancellation, the Company may charge the Customer for any work carried out in preparation for the order or for approval before cancellation.

3.3 Where the Company agrees to accept the return of Goods, the following conditions shall apply:

3.3.1 The Goods must be returned in new and unused condition.

3.3.2 Any packaging must remain unbroken and in reasonable condition.

3.3.3 The Goods must be returned within 5 days of delivery.

3.3.4 All transport and re-delivery costs shall be paid by the Customer.

3.3.5 The Customer shall pay a restocking charge of 25% of the net invoice value of the relevant Goods.

3.3.6 Returned Goods must be accompanied by a written record of the invoice number, date, and reasons for return.

4. Description

4.1 All samples, drawings, descriptive matter, specifications, and advertising issued by the Company, and any descriptions or illustrations contained in the Company’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They do not form part of the Contract and this is not a sale by sample. Any sample supplied by the Company is supplied only to give the Customer a general indication of the quality, colour, taste, and/or type.

4.2 The Company reserves the right, in its discretion and without liability to the Customer, to make any changes in the specification of the Goods which are required to conform to any applicable statutory or regulatory requirements or which do not materially affect the quality of the Goods.

4.3 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, invoice, or other document or information issued by the Company is subject to correction without any liability on the part of the Company.

5. Delivery

5.1 If the total value of the Goods ordered from the Company in any one order, exclusive of setup charges, origination, and VAT, is above the Minimum Carriage Paid Order Value, delivery of the Goods shall take place at the Customer’s premises, unless otherwise agreed in writing.

5.2 If the total value of the Goods ordered from the Company, exclusive of VAT, is below the Minimum Carriage Paid Order Value, delivery of the Goods shall take place ex-works at the Company’s premises, unless the Company agrees, at the Customer’s request and expense, to deliver the Goods to the Customer or to a place specified by the Customer, or agrees to arrange carriage of the Goods to such place on the Customer’s behalf, unless otherwise agreed in writing.

5.3 Where the Goods are to be collected from the Company’s premises, the Company will notify the Customer when the Goods are ready for collection. The Customer shall arrange a collection time with the Company in accordance with the Company’s booking-in system, and collection must take place within 7 days of the Company notifying the Customer that the Goods are ready.

5.4 Any dates specified by the Company for delivery of the Goods or availability for collection are estimates only, and time for delivery shall not be of the essence. If no dates are specified, dispatch shall be 14 days from the later of:

5.4.1 artwork approval; or

5.4.2 the date on which an order has been placed with the Company containing all order details, including the delivery address.

5.5 Subject to the other provisions of these Conditions, the Company shall not be liable for any direct, indirect, or consequential loss, including without limitation pure economic loss, loss of profits, loss of business, depletion of goodwill, and similar loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in delivery of the Goods, even if caused by the Company’s negligence. No delay shall entitle the Customer to terminate or rescind the Contract unless such delay exceeds 180 days.

5.6 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, fails to collect the Goods in accordance with condition 5.3, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences, or authorisations:

5.6.1 risk in the Goods shall pass to the Customer, including for loss or damage caused by the Company’s negligence;

5.6.2 the Goods shall be deemed to have been delivered; and

5.6.3 the Company may store the Goods until delivery, and the Customer shall be liable for all related costs and expenses, including storage and insurance.

5.7 If the Company agrees in writing, at the Customer’s request, to deliver the Goods to premises or a place which is unattended, risk in the Goods shall pass to the Customer on delivery to the place specified by the Customer.

5.8 Where delivery is to take place at the Customer’s premises or a place specified by the Customer, the Customer shall provide, at its own expense, adequate and appropriate equipment and manual labour for unloading the Goods.

5.9 If the Company delivers to the Customer a quantity of Goods up to 10% more or less than the quantity ordered by the Customer and accepted by the Company, the Customer shall not be entitled to object to or reject the Goods by reason of the surplus or shortfall and shall pay for the Goods at the pro rata Contract rate.

5.10 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the Contract.

5.11 Each instalment shall be a separate Contract, and no cancellation or termination of one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.

5.12 All deliveries will leave the Company with a delivery note attached. If the Customer receives a delivery without the attached delivery note, the Customer should contact the Company immediately on 01792 293 689 and request that a copy be emailed so that the Customer can check the delivery is correct. See condition 7 for further terms relating to delivery and acceptance.

5.13 Where the Company delivers the order to the Customer, the Goods will be delivered on a standard 48-hour service for all UK customers. If the Customer requires timed delivery, next-day delivery, or any deviation from a 48-hour service, additional costs will be incurred and passed on to the Customer.

5.14 The delivery address or addresses must be stated on the order. If delivery addresses are confirmed after the order is placed, this will attract a £10 administration charge. It is the Customer’s responsibility to confirm the delivery address with the Company.

5.15 If the Customer requires delivery to multiple addresses, the addresses must be supplied to the Company on an Excel spreadsheet, which can be downloaded from the Company website.

6. Payment and Prices

6.1 Payment for the Goods and VAT must be made in full before an order will be dispatched, unless a Credit Account has been agreed.

6.2 All Credit Accounts must be paid so that cleared funds are received within 30 days from the date of the Company’s invoice, unless otherwise agreed in writing.

6.3 Interest on overdue invoices shall accrue from the date payment becomes due, calculated on a daily basis until payment at the rate of 10% per annum above the Bank of England base rate from time to time in force. Interest shall accrue before and after judgment.

6.4 If the Customer fails to make any payment when due, the Company may, at its option and without prejudice to any other rights or remedies it may have under the Contract:

6.4.1 suspend any further deliveries until payment is made; or

6.4.2 repudiate the Contract.

6.5 Time for payment is of the essence for the purposes of the Contract.

6.6 The Company shall be entitled to suspend any and all deliveries and instalments until payment for all earlier deliveries has been made, and the date for delivery shall be postponed to the extent that such deliveries are suspended.

6.7 The Customer shall not be entitled to withhold payment of any amount payable under the Contract, or any other contract between the parties, because of any disputed claim by the Customer in respect of faulty Goods or any other breach of contract, nor shall the Customer be entitled to set off against any amount payable under the Contract, or any other contract between the parties, any monies which are or are alleged to be payable by the Company.

6.8 If the Customer is required to make a pro forma payment, this must be made before production commences.

6.9 The Customer must advise the Company that the pro forma payment has been made so that production can commence.

6.10 The Company reserves the right to adjust prices if costs increase after the Contract has been made, in particular due to increases in staff costs or changes in material prices.

7. Acceptance

7.1 The Customer shall be deemed to have accepted the Goods 48 hours after delivery to the Customer.

7.2 The Customer must sign the delivery company’s paperwork as “unchecked” if the Goods are not examined at the time of receipt.

7.3 No claims may be made to the Company if the Customer signs the delivery company’s notes confirming that the Goods have been received in good condition.

7.4 The Customer shall inspect the Goods within 24 hours of delivery and shall give written notice to the Company within 5 Working Days of delivery of any defects which a reasonable examination would have revealed.

7.5 Where the Customer has accepted, or has been deemed to have accepted, the Goods, the Customer shall not be entitled to reject Goods that are not in accordance with the Contract.

8. Title and Risk

8.1 Risk in the Goods shall pass on delivery of the Goods to the Customer’s address or nominated address.

8.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for the Goods, including interest and costs, has been paid in full.

8.3 Until title passes, the Customer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.

8.4 The Company may at any time before title passes, and without any liability to the Customer:

8.4.1 repossess and dismantle and use or sell all or any of the Goods and, by doing so, terminate the Customer’s right to use, sell, or otherwise deal in them; and

8.4.2 for that purpose, or for determining what Goods are held by the Customer and inspecting them, enter any premises owned or occupied by the Customer.

8.5 The Company may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.

9. Production Tools and Intellectual Property

9.1 All samples, forms, drawings, films, patterns, printing rollers, and other necessary tools required for the production of the Goods, collectively referred to as production tools, remain the property of the Company. This applies even where the Customer has contributed financially to their production. The Company shall retain the production tools in safekeeping for the Customer for a maximum period of 12 months beginning with delivery of the order.

9.2 The Company retains all copyright and ownership rights in all illustrations, drawings, calculations, written documents, tools, samples, graphic work, and dummies created or supplied by the Company. If the Customer places an order based on the Company’s samples or graphic work with another company, the Customer shall be liable for damages equal to 25% of the order value unless the Customer can prove that the damage was less. The Company reserves the right to claim further damages and to seek injunctive relief.

9.3 The Company reserves the right to use articles manufactured on a Customer’s order as samples or for promotional purposes.

10. Artwork

10.1 Where artwork is supplied to the Company, it must be supplied in Adobe Illustrator, Adobe Photoshop, Adobe InDesign, PDF, or EPS format. At the date of this Version 1.2, the Adobe version used by the Company is CS6. This may change, and it is the Customer’s responsibility to ensure that artwork supplied is compatible with the Company’s software.

10.2 Artwork must be supplied on the Company’s templates and in a print-ready format. Where artwork alterations are required, a charge of £45 per hour or part thereof will be charged.

10.3 The Company uses a digital printing process (CMYK) and cannot guarantee colour matching. If colour matching is required, the Company may use an outside printing company, which will be more expensive than the standard CMYK process.

10.4 It is assumed that the Customer has permission from the owner of any artwork supplied to the Company to use that artwork. If a claim for copyright infringement, or any other intellectual property infringement, arises, the Customer shall be responsible for all related costs and losses, and the Company shall not be liable. The Company reserves the right to refuse any wording or images supplied by the Customer which are illegal, immoral, in poor taste, or which infringe the intellectual property rights of any person in any part of the world.

10.5 Please refer to the artwork guide available on the Company website. All artwork supplied must be in the correct format. Current templates may be downloaded from the Company website.

10.6 Every order requiring bespoke or personalised artwork will attract a charge of £50 to cover the costs relating to cutting the paper or card. This is not an origination charge and applies to all orders, including repeat orders requiring cutting services.

10.7 In accordance with applicable food information and labelling requirements, the Company will attach the Company name, address details, and legal information on all packaging. The Customer must not amend these details where they are required by law.

11. Quality and Returns

11.1 All products have specification sheets. The Customer may request a specification sheet before placing an order, and it will be provided in the Company’s format.

11.2 Taste and appearance may vary from batch to batch due to variations in ingredients supplied to the Company.

11.3 The Company warrants that on delivery the Goods will be of satisfactory quality and reasonably fit for any particular purpose for which the Goods are being purchased, provided that the Customer has made that purpose known to the Company in writing and the Company has confirmed in writing that it is reasonable for the Customer to rely on the Company’s skill and judgment.

11.4 The Company shall not be liable for a breach of the warranty in condition 11.3 unless:

11.4.1 the Customer gives written notice of the defect to the Company within 7 days of delivery; and

11.4.2 the Company is given a reasonable opportunity to examine the Goods and, if requested by the Company, the Customer returns the Goods to the Company at the Customer’s cost.

11.5 The Company shall not be liable for a breach of the warranty in condition 11.3 if:

11.5.1 the Customer makes further use of the Goods after giving such notice, or alters or repairs the Goods without the Company’s written consent; or

11.5.2 the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, installation, use, or maintenance of the Goods, or, if there are none, good trade practice.

11.6 Subject to conditions 11.4 and 11.5, if the Goods do not conform with any of the warranties in condition 11.3, the Company shall, at its option, replace such Goods free of charge or refund the price paid for such Goods, provided that, if the Company so requests, the Customer shall return the defective Goods, or part of them, to the Company at the Customer’s expense.

11.7 If the Company complies with condition 11.6, it shall have no further liability for a breach of the warranties in condition 11.3 in respect of those Goods.

12. Force Majeure

12.1 The Company shall not be liable to the Customer, or be deemed to be in breach of Contract, by reason of any delay in performing or failure to perform any of the Company’s obligations in relation to the Goods where the delay or failure is due to any cause beyond the Company’s reasonable control. Without limitation, this includes acts of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws or measures of any kind by any governmental, parliamentary, or local authority; import or export regulations or embargoes; strikes, lockouts or other industrial actions or trade disputes, whether involving employees of the Company or of a third party; difficulties in obtaining raw materials, labour, fuel, parts or machinery; late delivery caused by a courier, carrier, or haulage company; and power failure or breakdown in machinery.

13. Copyright

13.1 All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software, including applets, and all other material on the Company’s website are copyright of Michton Limited and its affiliates, or their content and technology providers. All rights reserved.

14. Displays and Display Units

14.1 Items are supplied on the strict understanding that they will be used only to display the Company’s products. The Company may immediately retrieve any displays used for other companies’ products or displays.

15. Assignment

15.1 The Customer shall not assign the Contract or any part of it without the Company’s prior written consent.

15.2 The Company may assign the Contract or any part of it to any person, firm, or company.

16. Priority and Entire Agreement

16.1 These Terms and Conditions form an essential part of the Contract between the Company and the Customer and shall take priority over any terms and conditions contained in any purchase order supplied to the Company by the Customer, whether or not any such purchase order contains any similar clause.

16.2 These Conditions constitute the entire agreement between the parties in relation to the sale of the Goods and supersede any previous agreement, understanding, or arrangement between them, whether oral or written, relating to the sale of the Goods.

17. Governing Law and Jurisdiction

17.1 These Conditions, and any legal relationship between the Customer and the Company, shall be governed by the law of England and Wales.

17.2 The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising out of or in connection with these Conditions.