Terms and conditions

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.