Terms and Conditions

Who we are and how to contact us

This website is operated by Orbit Packaging Ltd, a company registered in England and Wales under
company number 00000000, with its registered office at registered office address. Our VAT number is VAT number.

These terms

These terms tell you who we are, how we will supply printed and unprinted packaging to you,
how you and we may change or end the contract, what to do if there is a problem, and other
important information.

Please read them before placing an order. By placing an order you confirm that you accept
these terms.

If you are a consumer, nothing in these terms affects your legal rights under the Consumer
Rights Act 2015 or other consumer protection law. If any term is found to be unlawful or
unenforceable, the remaining terms continue to apply.

Business and consumer customers

Some sections apply differently depending on whether you are buying as a consumer (for
purposes wholly or mainly outside your trade, business, craft or profession) or as a business.
Where that is the case we say so in the section.

How a contract is formed

1. Placing an order, or accepting a quotation, is an offer by you to buy from us.
2. We accept your order when we send you an order confirmation or, for bespoke work, when we
   confirm your approved proof for production. At that point a contract comes into existence.
3. If we cannot accept your order we will tell you and will not charge you. This may be because
   the item is unavailable, because of an error in the price or description, or because we are
   unable to meet a delivery deadline you have specified.
4. We assign an order number to each order. Please quote it when you contact us.

Quotations and prices

• Quotations are valid for 30 days from the date of issue unless we state otherwise, and are
  based on the specification you supply.
• If the specification changes — dimensions, quantity, board, print, finishing or
  delivery requirements — we will requote before proceeding.
• Prices are shown excluding VAT unless stated. VAT is added at the rate applying on the date
  of the invoice.
• Delivery charges are shown separately before you place your order.
• It is always possible that some items may be incorrectly priced. If the correct price is
  higher than the price shown, we will contact you for instructions before we accept the order.

Artwork, proofs and approval

Custom packaging is manufactured to your approved artwork. The following applies to every
printed order.

• You are responsible for the content of artwork you supply, including spelling, barcodes,
  legally required labelling, ingredient and allergen information, and any regulatory marks.
• We supply a dieline template and a digital proof. Production begins only after you approve
  the proof in writing (email is sufficient).
• Once you approve a proof, you accept the layout, content and colour as shown. We are not
  responsible for errors that were present in an approved proof.
• You confirm that you own, or are licensed to use, all trade marks, images, fonts and other
  material in your artwork. If a third party brings a claim against us arising from your
  artwork, you agree to reimburse us for the losses and reasonable costs we incur as a result.
  This does not apply to consumers to any greater extent than the law allows.
• We may decline to print material that is unlawful, infringing, or that we reasonably
  consider offensive.

Manufacturing tolerances

Printed corrugated and carton packaging is made to tolerances that are standard in the trade.
By ordering, you accept the following as conforming goods.

• Quantity. We aim to deliver the exact quantity ordered. Where a run over or under
  occurs we will supply and invoice within a tolerance of 10% of the order quantity. You pay
  only for what is delivered.
• Colour. A reasonable variation in colour can occur between a digital proof, a screen,
  a previous run and the delivered goods. Where exact colour matching matters, ask us about a
  printed proof or Pantone matching before approval.
• Dimensions and board. Finished sizes are subject to normal manufacturing tolerance.
  Board grades and flute may be substituted for an equivalent where supply requires it, without
  reducing performance.

If the goods delivered fall outside these tolerances, they are not conforming goods and the
section on faulty goods applies.

Payment

• For bespoke orders we normally require payment in full, or an agreed deposit, before
  production begins. We will tell you which applies before you commit.
• Approved account customers may be offered credit terms in writing. Where credit terms apply,
  invoices are due within the period stated on the invoice.
• We accept the payment methods shown at checkout. Card payments are processed by our payment
  provider; we do not store your full card details.
• If you are a business customer and a payment is late, we may charge interest and reasonable
  recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. We may also
  suspend further work until payment is received.
• Ownership of goods passes to you only when we have received payment in full. Risk passes on
  delivery.

Delivery

• Lead times quoted run from approval of your proof, not from the date of order, and are
  estimates unless we confirm a fixed date in writing.
• If you are a consumer, and we have not agreed a specific date, we will deliver within 30
  days of the day the contract is made.
• We deliver to addresses in the United Kingdom unless we agree otherwise. Delivery is
  kerbside; please tell us in advance if the address has access restrictions.
• If no one is available to take delivery, the carrier will leave a note with instructions.
  If delivery is repeatedly unsuccessful because of missed appointments or incorrect address
  details, we may charge the cost of redelivery.
• If delivery is delayed by an event outside our control, we will contact you as soon as
  possible and take steps to minimise the delay. If the delay is substantial you may contact us
  to end the contract and receive a refund for goods not delivered.

Changes, cancellation and returns

Changing an order

Tell us as soon as possible if you need to change an order. Before production starts we will
usually be able to help, and will tell you of any change to price or timing. Once production has
started, changes may not be possible.

Consumers: right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
2013, consumers buying online normally have 14 days to cancel. That right does not apply to
goods that are made to your specification or clearly personalised, which includes custom-sized
and custom-printed packaging. Once you approve your proof, your order cannot be cancelled for
change of mind.

Where you buy unprinted stock items that are not made to your specification, the 14-day
cancellation right applies. Tell us within 14 days of receiving the goods, return them in a
resaleable condition within 14 days of telling us, and we will refund the price and standard
outbound delivery within 14 days of receiving them back. You pay the cost of return.

This does not affect your rights if goods are faulty, not as described, or not fit for purpose.

Business customers

Bespoke orders cannot be cancelled once production has begun. If we agree to cancellation, you
are responsible for the cost of work done, materials committed and any tooling produced.

If there is a problem with your order

We want you to be happy with what we make. Please contact us and we will put things right.

• Check your delivery on arrival. Tell us about shortages, transit damage or an obvious defect
  within a reasonable time, and ideally within 7 days of delivery, with photographs where
  possible. This helps us claim against the carrier, but it does not remove your statutory
  rights.
• If you are a consumer, the Consumer Rights Act 2015 gives you rights where goods are not of
  satisfactory quality, not fit for purpose or not as described: a short-term right to reject
  within 30 days, and after that a right to repair or replacement and, where appropriate, a
  price reduction or refund.
• If you are a business customer, we will at our option replace or refund goods that do not
  conform, provided you notify us within 14 days of delivery and give us a fair opportunity to
  inspect them.
• Please do not use or distribute goods you believe to be defective until we have had the
  chance to inspect them.

Our liability

We never exclude or limit our liability where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence, for fraud or fraudulent
misrepresentation, for defective products under the Consumer Protection Act 1987, and for breach
of the statutory terms as to title and quiet possession.

If you are a consumer

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking
this contract or failing to use reasonable care and skill. We are not responsible for loss or
damage that is not foreseeable. We do not supply goods for commercial resale, and we have no
liability for loss of profit, loss of business or business interruption where you use the goods
for a business purpose.

If you are a business

Subject to the paragraph above, 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, is limited to the price paid for the goods giving rise to the claim. We are not
liable for loss of profit, loss of sale or business, loss of contract, loss of anticipated saving,
loss of goodwill, or any indirect or consequential loss.

We are not liable for delays or failures caused by events outside our reasonable control,
including supplier failure, carrier failure, industrial action, fire, flood, epidemic or
government action.

Intellectual property and tooling

• You keep all rights in the artwork and trade marks you supply. You grant us a licence to use
  them only as needed to quote for, produce and deliver your order, and — unless you tell
  us otherwise in writing — to photograph finished work for our portfolio.
• Dielines, templates, layouts, plates, dies and other tooling we create remain our property
  unless you have paid separately for them and we have agreed their transfer in writing. We
  retain them so that reorders avoid a repeat setup charge.
• We may keep tooling for a reasonable period after your last order. Ask us before assuming it
  is still held.
• The content of this website, including text, imagery and code, belongs to us or our
  licensors and may not be copied without permission.

Data protection

We handle personal data in line with UK data protection law. Our
Privacy Policy explains what we collect, why, how long we keep
it and the rights you have.

Complaints and disputes

If something has gone wrong, contact us first at hello@orbitpackaging.co.uk. We aim to
acknowledge complaints within 2 working days and resolve them within 14 days.

If you are a consumer and we cannot resolve matters between us, you may be able to use an
alternative dispute resolution scheme. We will tell you whether we agree to use one at the time.
You may also bring court proceedings.

Other important terms

• We may transfer our rights and obligations under a contract to another organisation. We will
  tell you in writing if this happens and it will not affect your rights.
• You may only transfer your rights or obligations to another person if we agree in writing.
• A contract is between you and us. No other person has any right to enforce its terms.
• If we do not insist immediately that you do anything you are required to do, or delay taking
  steps against you, that does not mean we have given up those rights.
• We may change these terms from time to time. The version that applies to your order is the
  one published when you placed it.
• These terms are governed by the law of England and Wales, and disputes may be brought in the
  courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring
  proceedings in your local courts.