Terms of service

TERMS AND CONDITIONS

    This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on this website www.carnivalpapers.com (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions. 

    You should print a copy of these terms and conditions for future reference.

     

    1. INTERPRETATION

     

    1.1 The definitions in this condition apply in the terms and conditions set out in this document:

    Force Majeure Event: has the meaning given in condition 9.
    Goods: the products that we are selling to you as set out in the Order.
    Order: your order for the purchase of our products.
    Order Confirmation: has the meaning set out in condition 2.5.
    Terms: the terms and conditions set out in this document.
    Writing or written: includes faxes and e-mail. 

    1.2 Headings do not affect the interpretation of these terms. 

    1.3 These Terms shall only apply to the sale of Goods to businesses within the United Kingdom and Northern Ireland excluding the Channel Islands and BFPOs. Alternative terms and conditions are available for the sale of Goods to consumers and for customers outside of the United Kingdom and Northern Ireland. 

     

    2. BASIS OF SALE

     

    2.1 These Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the agreement. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with condition 2.5. 

    2.2 These Terms apply to the agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 

    2.3 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods. 

    2.4 If any of these Terms are inconsistent with any term of the Order, the Terms shall prevail. 

    2.5 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. 

    2.6 These Terms shall become binding on you and us when: 

    2.6.1 we issue you with written acceptance of an Order (“Order Confirmation”); or
    2.6.2 we deliver the Goods to you, whichever is the earlier, at which point a contract shall come into existence between us (a “Contract”). 

    2.7 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with conditions 2.5 and 2.6. A quotation shall be valid for a period of 30 calendar days from its date of issue unless we notify you in writing that we have withdrawn it during this period. 

    2.8 We shall assign an order number to the Order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the Order. 

    2.9 We have the right to revise and amend these Terms from time to time without notice to you. Please ensure you are familiar with the up to date Terms prior to placing an Order. If you require an up to date copy of the Terms please request one. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled). 

     

    3. DELIVERY

     

    4.1 Next Day Delivery: Orders of stocked items placed by phone and fax by 12 pm with the request of next day delivery will aim to be delivered the next day. Standard Delivery: Orders of stocked items will be aimed to be delivered within 2-4 working days. 

    Direct despatch: We aim to ensure that items dispatched directly from the manufacturer are delivered to you within 21 days of our receipt of your Order. Large or heavy Goods may take longer to deliver. Please allow extra time for deliveries to the Scottish Highlands, Scottish Islands, Northern Ireland, Isle of Man and Isle of Wight. In peak time’s delivery times may extend to 8 weeks, however, we will endeavour to notify you of such extension at the time of placing your order. All of these estimates are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order. Direct delivery items may incur a charge. You will be informed of any additional charges at the time of ordering. 

    4.2 Delivery of the Order shall be completed when we deliver the Goods to you. 

    4.3 We will take reasonable steps to meet any estimated delivery date. However delivery times cannot be guaranteed, for example, occasionally delivery may be affected by factors beyond our control including the failure of our agents or subcontractors. 

    4.4 If we fail to deliver our Goods you must notify us within 7 days of the expected delivery date. Any claim that is made after the 7 day period will not be accepted. Our liability shall be limited to the costs and expenses that you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 

    4.5 If you fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: 

    4.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover the storage, insurance and other expenses incurred.
    4.5.2 we shall have no liability to you for late delivery. 

    4.6 If you have not taken delivery of the Goods within 2 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price. 

    4.7 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment. 

    4.8 If upon delivery you discover that the Goods are damaged or have not been delivered in accordance with your Order then you must notify us of this within 5 working days of the date of delivery. If you fail to do so then we will not be obliged to remedy the defect. 

     

    5. RETURNS

     

    6.1 The Buyer shall have the right to return the Goods (in its original packaging) to Carnival Paper for any reason whatsoever at any time up to fourteen (14) days from receipt of the Goods. However, Carnival Papers reserves the right to charge the Buyer its reasonable costs and expenses incurred as a result of the Buyer exercising this right and also for any damage to, or use of, the Goods in the event that the Goods are damaged or have been used.

    6.3 Returns of the Goods listed below will not be accepted:

    6.3.1 Goods made to the Buyers own specification;
    6.3.2 audio or video recordings,  computer software that the Buyer has unsealed, CD ROMs or site licenses; or
    6.3.3 such other Goods identified in the Carnival Papers Returns Policy from time to time.

    6.4 The Buyer must take reasonable care of the Goods whilst it is in the Buyer's possession and must take reasonable steps to protect the Goods from damage whilst in transit. In all events, the Buyer will be responsible for the cost of returning the Goods to Carnival Papers.
    6.5 If the Buyer fails to comply with this Condition, Carnival Papers may, at its discretion, refuse to issue a credit or reduce the value of the credit.
    6.6 Provided returned Goods complies with the conditions set out in Condition 6.3, Carnival Papers shall issue a credit for the price paid for the Goods, excluding the original cost of delivering the Goods, within thirty (30) days from the date the goods are received by Carnival Papers.

    Buyer Protection (Distance Selling) Regulations 2000 ("Regulations")
    6.7 In addition to the rights set out above, a Buyer may cancel an Order under the Regulations by giving Carnival Papers written notice within seven (7) working days, beginning on the day after receipt of the Goods.  In this case, Carnival Papers will issue a refund of the price paid for the Goods, including the original cost of delivering the Goods, within thirty (30) days from the date of the notice is given.
    6.8 All of the above provisions of this Condition 6 shall be subject to and shall not affect your statutory rights.

     

    6. TITLE AND RISK

     

    6.1 The Goods will be your responsibility from the time of delivery. 

    6.2 Ownership of the Goods will only pass to you when we receive payment in full and cleared funds of all sums due for the Goods and any other goods that we have supplied to you. 

    6.3 We can recover any Goods in respect of which ownership has not passed to you in accordance with clause 6.2 above at any time. You agree to, immediately following a written request from us, allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery. 

     

    7. PRICE AND PAYMENT

     

    7.1 Prices may vary to those that appear in our Catalogue or Website

    7.2 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. 

    7.3 Prices are showing including and excluding VAT 

    7.4 Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due. 

    7.5 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the Goods' correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you. 

    7.6 If you do not have an account with us payment for all Goods must be made in advance by credit or debit card or by cheque or by bank transfer.

    7.7 If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within the time specified on the invoice or specified elsewhere by us to you. In any event (and in the absence of any other notification) such time shall be no longer than 30 calendar days from the date of the invoice. Please note that payment pursuant to this clause 7.6 shall only be permitted at our absolute discretion and we reserve the right to require upfront payment at any time. 

    7.8 If you do not make any payment due to us by the due date for payment (as set out in condition 7.5), we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount. 

    7.9 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts. 

    7.10 Prices may vary from those published in our catalogue or on our websites. 

     

    9. LIMITATION OF LIABILITY

     

    9.1 Subject to condition 9.3 we shall only be responsible for losses which are a foreseeable consequence of our failure to comply with these Terms and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods. 

    9.2 Subject to condition 9.3 we shall not be responsible for losses that you suffer as a result of our failure to comply with these Terms that fall into the following categories: 

    9.2.1 loss of income or revenue;
    9.2.2 loss of business;
    9.2.3 loss of anticipated savings;
    9.2.4 loss of data; or
    9.2.5 any waste of time.

    9.3 This condition does not include or limit in any way our liability for: 

    9.3.1 death or personal injury caused by our negligence;
    9.3.2 fraud or fraudulent misrepresentation;
    9.3.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability. 

    9.4 You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible. 

    9.5 Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we not prohibited from doing so by the laws of England and Wales, we hereby exclude all warranties which are implied into these Terms whether by legislation or otherwise. 

     

    10. EVENTS OUTSIDE OUR CONTROL

     

    10.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event “).

    10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: 

    10.2.1 strikes, lock-outs or other industrial action;
    10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    10.2.3 fire, explosion, storm or other adverse weather, flood, earthquake, subsidence, epidemic or other natural disasters;
    10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
    10.2.5 impossibility of the use of public or private telecommunications networks. 

    10.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event. 

     

    12. DATA PROTECTION 

     

    We shall comply with our obligations under the Data Protection Act 1998. We may record your calls for quality and training purposes. 

     

    14. ASSIGNMENT

     

    You may not transfer any of your rights or obligations under these Terms to another person (including a body corporate) without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. 

     

    15. NOTICES

     

    All notices sent by you to us must be sent to Carnival Papers.  We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, which the e-mail was sent to the specified e-mail address of the addressee. 

     

    16. GENERAL

     

    16.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 

    16.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. 

    16.3 A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 

    16.4 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts. Please note that we only accept orders from addresses outside the UK on our International Terms which are available on request