Snapmail Terms & Conditions

  1. These Terms & Conditions shall apply to any contract between Goldsmith & Thorne Services Ltd t/a Snapmail (“Snapmail”) and the buyer (“the Customer”) of goods or services.

  2. Estimates are based upon costs of production at the time of any quotation and are subject to amendment on or after acceptance to meet rising costs.

  3. Quotations are based on the information available and are valid for 30 days, which may be extended at Snapmail’s discretion. All quotations are subject to sight of data and materials; discrepancies between the final items received and the quote offered are liable to make the original quote null and void. Any amendments made by the Customer are liable to make the original quote null and void. Andy data supplied with invalid addresses, extraneous characters or incompatible formatting are liable to make the original quote null and void, or incur additional costs for cleansing. Upon receipt of pre-enclosed and pre-addressed items for bulk mailing, Snapmail shall be the final arbiter on weight, size and format for processing and billing purposes.

  4. Proofs of all works shall be available to the Customer upon request and shall be subject to charge.

  5. Any material supplied by the Customer shall remain the property of the customer, though Snapmail shall be entitled to make a reasonable charge for storage where necessary. Such materials are at the risk of the Customer whilst on Snapmail’s premises or in transit to such premises, and the Customer is responsible for arranging adequate insurance cover for those materials.

  6. Snapmail undertakes that it shall process any personal data (as defined in the Data Protection Act 1998) solely for the purposes of this contract and for no other purpose.

  7. Snapmail undertakes that it has in place appropriate technical and organisational measures against accidental or unlawful destruction or loss of alteration to, unauthorised disclosure of or unauthorised access to any personal data.

  8. Snapmail shall ensure that each of its employees, agents and subcontractors are made aware of its obligations with regard to the security and protection of personal data and shall require that they enter into binding obligations reflecting the provisions of this clause.

  9. Upon the completion or termination of any contract, the Customer shall provide instructions for the return or destruction of personal data.

  10. The Customer shall ensure that any computer data supplied to Snapmail is clean, unadulterated, capable of being read and processed and does not contain any computer viruses. In the event of computer data supplied being corrupt, Snapmail shall either require the Customer to supply clean unadulterated data that does not contain any computer viruses or decontaminate the data itself but at the Customer’s expense.

  11. The intellectual property rights in any work created by or for Snapmail in relation to this contract shall vest in Snapmail unless it is agreed in writing that such intellectual property rights shall pass to the Customer.

  12. The Customer shall be responsible for any work deemed to be illegal, unlawful, infringing any copyright, trademark or other intellectual or other proprietary rights of any third party, or is defamatory, obscene or the distribution of which may infringe postal or other regulations or which is in breach of any trade description or other legislation and Snapmail shall be indemnified against any claims, costs and expenses.

  13. Any mailing which is undertaken through Snapmail’s own postal account may require payment in advance, at Snapmail’s discretion. Any required payment not met may result in the mailing being withheld or withdrawn. Notwithstanding this, all mail invoices must be paid within 3 weeks of the invoice date.

  14. Any mailing which is undertaken through Snapmail’s own postal account may be subject to a handling fee.

  15. All mailings which are undertaken through Snapmail’s own postal account shall non-negotiably be subject to Royal Mail price rises.

  16. Snapmail shall bear no responsibility for delivery of mail; provided it can prove handover to the relevant postal authority.

  17. The Customer shall be responsible for any customs and excise duty payable on deliveries made outside of the United Kingdom. Unless specified in writing, the customer shall be responsible for arranging an agent to carry this out.

  18. All orders shall require written confirmation. This may be accepted in the form of facsimile, email or written letter.

  19. If no time for delivery is specified the Customer should be bound to accept the goods when they are ready for delivery.

  20. Unless otherwise specified the delivery of the work will be to the Customer’s address. All deliveries may be subject to a charge.

  21. Any claim relating to damage, delay or partial loss of goods in transit must be given in writing to Snapmail within five working days of delivery, or, in the case of non-delivery, within 20 working days of despatch. Snapmail shall not be liable in respect of any claim unless the Customer has complied with the above, requirements, or can prove they have reasonably attempted to do so.

  22. Any invoice queries must be raised, in writing, within 14 days of the date of the invoice. Invoice queries arising when payment becomes due shall not be accepted.

  23. Snapmail shall not be liable for any indirect loss or damage, loss of profits or goodwill, or loss of any kind, other than direct loss suffered by the Customer.

  24. Subject to paragraphs 20 & 21 above, if any goods or services supplied to the Customer prove on inspection to be defective immaterial, manufacture or provision Snapmail undertakes at its option to replace the same or to refund to the Customer the price of the goods or value of service and in no circumstances will Snapmail’s liability exceed the value of the contract in question.

  25. Goods invoiced shall be paid for not later than 30 days after the date of that invoice unless specified in a superseding contract.

  26. All sums due are payable to Snapmail and not its agent.

  27. Snapmail retains title on all goods until payment has been received in full.

  28. The credit limit & payment terms on this account have been notified and include work in progress. In the event of overdue or non-payment, any work in progress may be held until the account is brought back within terms. The terms of the credit offered may be changed at any time and without prior notice entirely at Snapmail’s discretion.

  29. Without prejudice to Snapmail’s other rights, if terms are not complied with Snapmail shall have the right to: charge interest at the rate equivalent to that set for the purposes of s5A and s6 of the Late Payment of Commercial Debts (Interest) Act 1998 (a)calculated on a daily basis from the date of our invoice until payment, (b) compounded on the first day of each calendar month, and (c) before and after any Judgement (subject to court orders); cancel the contract between themselves and the Customer, or suspend any / all deliveries; place a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer, and shall be entitled to sell or dispose of such goods or documents as agents for the customer and apply the proceeds towards any outstanding sum.

  30. In the event of insolvency, all goods belonging to the Customer which reside in the possession of Snapmail shall become the property of Snapmail to dispose of as they see fit.

  31. The customer may not withhold payment of any invoice or any other amount due to Snapmail by reason of any set off or counterclaim.

  32. All quoted prices are exclusive of VAT, which shall be charged in accordance with the rules set down by HM Customs & Excise.

  33. Snapmail shall be under no liability if it shall be unable to carry out any of the provisions of the contract for any reason beyond its control including (without limiting the foregoing) Act of God; legislation; war; fire; flood; drought; failure of power supply; lockouts; strikes or other action in contemplation of the furtherance of a dispute (but not strikes or other action in contemplation of the furtherance of a dispute taken by Snapmail’s employees). During the continuance of a situation of ‘Force Majeure’ the Customer may by written notice to Snapmail terminate the contract and pay for work done and materials used, but subject to this shall otherwise accept delivery when available.

  34. All disputes arising from, or in relation to, these Conditions and any Contract will be subject to the exclusive jurisdiction of the English courts.

  35. These Conditions and any Contract following thereon shall be governed by and construed in accordance with the laws of England and Wales, which have exclusive jurisdiction.