This page (and any referred documents) contains the Terms and Conditions for supplying our products listed on https://www.abergast.co.uk. Please read them carefully before ordering, as placing an order indicates your agreement to be bound by them. If you have any questions, please contact our Support team before placing an order. These Terms and Conditions have been written with the consumer in mind, and we’ve included a glossary of frequently used terms to enhance your understanding.
Glossary:
- Contract – Any purchase of items from our site, made between us and you, which is subject to these Terms and Conditions.
- Conditions – The standard terms of sale, including the Returns Policy and any special terms confirmed by us in writing.
- Goods – The products or services sold to you in accordance with our Terms and Conditions.
- We – “We,” “Us,” and “Our” all refer to Abergast.
To help you navigate these Terms and Conditions, we’ve included headings throughout the document. If you need to reach us, please email hello@abergast.co.uk. Please note that any transaction you make through our website is with our legal entity, Thom Baker Consultancy LTD., which owns and operates Abergast
Our official company address is:
Abergast
Our company is registered with the Dutch Chamber of Commerce under number 64710815, and our VAT number is GB335248014. Please note that all payments made to us are processed by Thom Baker Consultancy LTD..
About the use of this website and our communication
Accessing our website means that you automatically agree to our Terms and Conditions. Our website is provided to you for your personal use only. If you choose to access this website from outside the UK, you are responsible for compliance with local laws if and to the extent local laws are applicable. We have made every effort to display the products as accurately as possible, but cannot guarantee that the product images you see displayed on your screen are a totally accurate representation of the actual merchandise, due, among other reasons, to the technical difference in monitors or screens you may use. By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website. As part of our effort to make further improvements to our services, our phone calls with customers and our team may be recorded or monitored. We also may monitor incoming and outgoing emails. Our employees and agents are not authorised to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us, you acknowledge that you have not relied on any such representations, which are not confirmed. All specifications, drawings and particulars of weights, sizes and performance issued by us are approximate only.
Making a contract with us
When you place an order with us, you are making an offer to buy goods. After receipt of your order, we will send you an order acknowledgment email detailing the products and prices you ordered. If you do not receive such an email within 24hrs of placing your order, please contact our Customer Experience team. The order acknowledgment email is an acceptance of your order. Acceptance of your order and formation of the contract will only take place once confirmation has been sent. We will send you a despatch confirmation email when the products you have ordered have left our warehouse, along with a tracking number to track your order. If your order has not been accepted, you will receive an email from us informing you of the reason(s) why. In the unlikely event that the goods are no longer available, or that there is a pricing error, we will advise you. You will then not receive an e-mail acknowledging your order and there will be no contract between us. If the goods you order are not available, we may supply you with substitute goods. If you decide not to accept these, you will not have to pay to return the goods to us.
Pricing policy
Our website displays all prices in pounds sterling and may vary where applicable. Please note that special sale offers may have limited periods. We make every effort to provide accurate product information and pricing. In the unlikely event of a pricing error for goods that you have ordered, we will promptly notify you. However, we are not obliged to fulfil an order for any product(s) listed at an incorrect price.
VAT
All prices shown on the website are inclusive of VAT at 20%. Where applicable, VAT is zero-rated based on “Zero rating books and printed matter for VAT (Notice 701/10)”. For more information, visit this website.
Do I need to pay VAT? Some printed products are subject to VAT, while others are exempt. You can find up-to-date guidance on the website of HMRC (the government department responsible for collecting VAT). When in doubt about VAT, we recommend enquiring with HMRC. Our own simplified overview appears below: In general terms, printed items which are intended to be written on have VAT applied at the standard rate. For example, stationery, greetings cards or postcards. The same is the case for promotional products. Standard VAT is automatically added to the products we offer which fall under this category. Products which are printed with the intention of conveying written information tend to be zero-rated. This is why we do not apply any VAT to booklets and brochures. For certain products, including Flyers and Leaflets, whether VAT should be charged depends on the content printed on them and the intended use. Therefore, you can choose whether to pay VAT at checkout for these products. Why do I need to choose whether to pay VAT at checkout for Flyers and Leaflets? In the UK, whether VAT is charged on Flyers and Leaflets depends on how you plan to use the product, and the content of the printed design. Since we don’t know your intended use, we leave it up to you to decide if VAT applies. When you buy print products from Abergast, we ask you at the checkout whether you need to pay VAT on the items you’re purchasing. What conditions must a Flyer or Leaflet meet to be exempt from VAT? In order it to be exempt from VAT, the Flyer or Leaflet should meet these conditions: It must be intended to convey written information. As such, it should contain significant text as part of the design. The item should not be intended for display purposes. It must not act as a ticket, invitation or discount voucher. It must be A4 or smaller in its collapsed or folded form. If featuring a writable area, that area should not exceed 25% of the printed area.
Turnaround costs vs Shipping costs
Turnaround costs are for expedited production to produce your order faster. These costs are shown next to the available delivery dates as extra costs. They do not relate to the carrier delivering your order.
Shipping costs are costs added to the product price to cover transportation expenses.
As a standard practice, shipping is free if your order exceeds £30.00, or it will cost £3.59 excluding tax if the order is less than £30.00.
Payment
We accept Visa Debit/Credit, Master card, American Express payments, PayPal and Bank transfer. Payment from your card will be taken after ordering. All credit card and debit cardholders are subject to validity checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Payments made by credit card will only be debited from the user’s account after the goods have been shipped.
Description of Products and Availability
If an items sells out we will take it off display as soon as possible. If items that you order should be out of stock, or delayed for any reason, we will try to contact you, or if we receive no response to our e-mail we will continue to process the remaining items of your order. If an offer is subject to a limited period of availability or is made subject to conditions, this will be explicitly mentioned in the offer.
Shopping, Registering as a Client and Placing an Order
We have tried to make shopping with us as easy as possible, e.g. you can filter by type of product. If you would like to place an order, please first register as a customer with us. You will then be given a unique personal log-in name and password combination by email. Your personal details will be stored behind your log-in name and password and can only be accessed and changed by you. As soon as you have a log-in name and a password, you can place an order. You could select your products before you register, but before you can check out you will need to go through the registration process. After you have registered, if you wish to place an order, select the goods and choose the colour and size you want, and press “Add to shopping cart” button. When you have finished shopping, click on the “Check-out” button. This starts the payment process. Check your details carefully and enter the address you want your order delivered to. Once you have placed an order, it will then be confirmed by email. Please check your order and the confirmation thoroughly. It is important that you give a correct and personal email address when you register in order to avoid errors. Please make sure that your SPAM filter does not cause you not getting our messages. When placing an order you have agreed that these Terms and Conditions apply to such order.
Terms & Conditions for Content
At Abergast we firmly believe in the right of freedom of expression, which refers to the ability of holding opinions and receiving and imparting information and ideas without interference by public authorities or any other third party. Yet, it is important to understand that the freedom of expression comes with certain responsibilities, boundaries and at all times needs to remain respectful. Simply this means do not tolerate hate speech, which is abusive or threatening speech or writing that expresses prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds. We have developed a ‘Content Policy’, which is a direct reflection from our own culture, values and our beliefs.
Content Policy
Customers at Abergast are free to print whatever they want, as long as it doesn’t contravene our policies. This means that Abergast reserves the right, at all times, to refuse or cancel any order, if the content uploaded by the customer directly or indirectly:
- Breaches the (intellectual property) rights of third parties;
- Contraries to any law and/or regulation;
- Implies to harm or exploit children;
- Expresses harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, or threatening;
- Discriminates based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis;
- Displays any forbidden symbolism under state, federal, national or local law or which is commonly associated with groups or systems of oppression, or symbols of hate or disrespect, as well as symbols commonly and historically associated with any groups or movements that are discriminatory, or are associated with crime, hatred, or violence;
- Involves the sale or promotion of illegal or fraudulent activities, products, or services;
- Contains links to material that relates to any of the content prohibited in our policy.
We refuse to work with customers who have beliefs or values that are against our policy.
If Abergast decides to refuse or cancel an order on the basis of the above rights, the customer will be informed and refunded the paid purchase price of the order. There will be no liability for Abergast whatsoever for refusing or cancelling an order and Abergast will not engage in any further contact with the customer.
As a company we are not (yet) able to put each single creation against our guidelines. Therefore, we cannot guarantee that all products developed through our marketplace are in line with our policy. We continuously work on improving this service, in order to remain the right of freedom of expression in a respectful way. Want to know more about our view on Diversity & Inclusion, read here.
Delivery
When your order has been shipped, we will send you a despatch confirmation by email. This will include a tracking number of your parcel in order to track its progress. We send your order(s) with DPD, UPS, Royal Mail, DHL, TNT, and in special cases, a courier pallet service. The place of delivery is the shipping/delivery address that you provide in your order. We aim to process your order within 24 hours. Delivery times to UK mainland addresses is dependent on the product. This will be displayed on the product page.
In the case that your order is unable to be delivered for any reason, it may then be returned to us. We can resend the order, however, if the delivery was not successful as a result of an incorrect address or unavailability upon delivery, then an additional shipping cost will be charged. The cost for redelivery is £15.00 excluding VAT. These are the costs for storage, processing, and resending. We aim to keep the package as long as possible, but, after seven days, there is a chance that it will be disposed of due to limited storage space and holding costs. We will always contact you upon receipt of a returned order.
Please note that it’s not possible to have your order delivered to a P.O. Box.
If the goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see the Returns Policy for further details.
Cancellation and Return Policy
This cancellation policy does not affect your rights when we are at fault – for example, if goods are faulty of miss-described. All orders can be cancelled up until the artwork is approved for production. At this point we can provide a refund for the order should you wish.
Once your artwork is approved for production, no further changes can be made to the order, meaning we will be unable to cancel or amend artwork or product specifications. This is a strict policy due to our automated production process, as orders are accepted into our production run immediately.
Complaints must be registered with us within 15 days of receiving the order. Longer than this may result in the complaint not being upheld or rejected. We need to be able to verify the issue was a result of our production process or courier mishandling, this is why we need the complaint registered as soon as it is received.
All of our products come personalised to our customers’ specification. As a result of which we are unable to accept returns.
Complaints Procedure
We strive to deliver the best possible information, products, and services. However, if you have any complaints or comments, we encourage you to contact us by phone, email, or chat, clearly explaining your feedback. We are committed to responding to your communication within 48 hours.
Faulty Goods
In the event that you encounter an issue with your goods, please notify us within 15 days to discuss the matter further. If the goods are found to be faulty upon delivery, you have the option to reject the order and request a full refund upon returning the items to us. However, if the fault is discovered at a later stage or if you delay in lodging a complaint beyond the specified 15-day period, you may not be entitled to a repair or replacement. Provided that the complaint is lodged within the specified timeframe and a replacement is unavailable, you may be eligible for a partial or full refund if the complaint is deemed valid. For more information, please refer to our Returns Process. Please note that claims for faulty goods will not be accepted under the following circumstances: deliberate damage or negligence, improper use or neglectful maintenance, normal wear and tear, and failure to follow the provided user/washing instructions.
Returns Process
For orders delivered to a UK address, if you want to return any faulty products in line with our Return Policy, please contact our Customer Experience team. Once the return is approved, we will reimburse the amount you paid within 30 days.
In the event that the wrong product has been sent to you, we will refund the amount you paid for your purchase with us, including the original shipping cost. Any costs incurred on your behalf for the return of the wrong item will also be refunded by us once we have received the goods from you.
Ordering from outside the UK
We offer an increasing number of country-specific websites where you can directly place orders. If we agree that you can order products from our UK website for delivery outside the UK, please be aware that import duties and taxes will apply when the delivery reaches your designated destination. It is your responsibility to make the necessary payment for any such import duties and taxes. Please note that these charges are beyond our control and we cannot estimate their amount. Prior to placing your order, we recommend contacting your local customs office for detailed information. We cannot be held accountable for any delivery delays caused by customs inspections.
It is your responsibility to ensure that the product you wish to order can be lawfully imported into your desired country. By ordering from us, you are considered the importer of record and must comply with all laws and regulations of the destination country. We strongly advise you to conduct any necessary checks regarding this matter before placing your order. We shall not be held liable for any violation of such laws by you. In the event that we incur any liability as a result, you agree to reimburse us for all costs, damages, and expenses associated with such claims.
Payment
Payment from outside of the UK may be made by any of the methods indicated on our website. Payment shall be made in the currency relevant to the country of delivery. Please view our Payment Page. The exchange rate will be set by your bank or credit card provider who may also charge you an additional administration fee.
Data protection, privacy and security
For information please see our separate document on Data protection, Privacy and Security.
Copyright
This website’s content (including text, design, layout, images, and videos) are protected by copyright and are the property of Abergast. Any use other than for your own personal and non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.
Liability and Indemnity
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the product you purchased. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
Jurisdiction
These Terms & Conditions and all matters connected with any order you place on our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.
All dealings between us in connection with our T&C’s and each purchase shall be carried on in the English language.
You may not transfer any of your rights or obligations under these Terms to another person 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.
General
These Terms apply to our information and offer to you, the agreement between us and any related communication. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders.
In the event of any of these Terms and Conditions to be invalid or unenforceable the remainder of these Terms and Conditions will remain in place. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control which includes any strikes, civil commotion, terrorist attack or threat of terrorist attack, , fire, explosion, flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Part 2 – Processing personal data
1) DEFINITIONS
The following terms as used in this Data Processing Agreement shall, unless the context clearly indicates to the contrary, have the meanings set forth in this Clause:
- “Agreement” means the agreement concluded between Customer and Abergast to which these terms and conditions are applicable, including any changes thereto;
- “Customer” means the person with whom Abergast concluded the Agreement;
- “Data Breach” means any breach of security in connection with the processing of Personal Data under the Agreement that should be notified to the data protection authority and/or data subject as set out in article 33 and 34 GDPR;
- “Data Controller” means the data controller as defined under article 4(7) GDPR;
- “Data Processor” means the data processor as defined under article 4(8) GDPR;
- “Data Processing Agreement” means article 3 to 9 of this part 2 – processing personal data including the annexes hereto, which qualifies as a data processing agreement as set out under article 28(3) GDPR;
- “GDPR” means the General Data Protection Regulation (EU) 2016/679;
- “Abergast” means Abergast, a trading name of Thom Baker Consultancy LTD.;
- “Personal Data” means any information relating to an identified or identifiable natural person, obtained in relation to the Agreement, provided by the Customer under the Agreement via the website to print on behalf of the Customer;
- “Processing” or “Process” means any operation or set of operations which is performed on Personal Data, whether or not by automatic means, as set out in article 4 of the GDPR; and
- “Sub Processor” means any processor, as defined in the GDPR, engaged by the Data Processor and any processor engaged by the processor who agrees to Process Personal Data on behalf of the Data Controller.
2) PROCESSING PERSONAL DATA
For as far as Customer is the data subject with respect to the Personal Data that Abergast receives, Abergast qualifies as Data Controller with respect to this Personal Data. In that case the Data Processing Agreement is not applicable. For as far as Customer is not the data subject of the Personal Data that Abergast receives, Abergast will qualify as Data Processor and will Process Personal Data on behalf of the Customer, which qualifies as a Data Controller, in compliance with the Data Processing Agreement.
3) OBLIGATIONS OF THE DATA PROCESSOR
The Data Processor shall:
- only Process any Personal Data for the performance of the Agreement by reviewing the Personal Data in the file by receipt in order to check the format and quality of the file, to print the file and to send that prints to the address provided by the Customer on the order form;
- against reimbursement of the costs made by the Data Processor, assist the Data Controller in ensuring compliance with the obligations pursuant to articles 32, 35 and 36 GDPR taking into account the nature of processing and the information available to the Data Processor;
- notify the Data Controller, without undue delay after the discovery, about any Data Breach and will provide the reasonable assistance that the Data Controller needs in ensuring compliance with the obligations pursuant to articles 33 and 34 GDPR;
- taking into account the nature of the processing, assist the Data Controller by appropriate technical and organizational measures, insofar as this is possible and against reimbursement of the costs made by the Data Processor, for the fulfilment of the Data Controller’s obligation to respond to requests for exercising the data subject’s rights under the GDPR; and
- after termination of the Agreement, ensure that Personal Data will be destroyed within 18 months, or if the Data Controller instructs the Data Processor to do so before the Personal Data is destroyed, return the Personal Data to the Data Controller.
4) TECHNICAL AND ORGANIZATIONAL MEASURES
The Data Processor shall taken into account the nature of the processing and the information available to the Data Processor, adopt and maintain technical and organizational measures, as set out in the security policy of Abergast available at Abergast. The Data Controller warrants that the technical and organizational measures adopted by the Data Processor are appropriate in conformity with article 32 GDPR for the Personal Data Processed by the Data Processor.
5) USE OF SUB CONTRACTORS
The Data Processor is allowed to engage Sub Processors in the context of the Data Processing Agreement. The list of Sub Processors is available at Abergast.
The Data Processor will notify the Data Controller in the case of any changes concerning the addition or replacement of Sub Processors. The Data Controllers is allowed to object against such change. If it is not possible for the Data Processor the engage another Sub Processor in case of an objection, the Data Controller is entitled to terminate the Agreement.
The Data Processor will take reasonable efforts to impose contractual terms on its Sub Processors which are no less protective than those set out in this Data Processing Agreement.
6) TRANSFER OF PERSONAL DATA
The Data Processor may transfer Personal Data to a country outside the European Economic Area (hereinafter referred to as ‘EEA’) if:
- the Data Controller instructs the Data Processor to transfer the Personal Data outside the EEA;
- the Data Processor is legally obligated to transfer the Personal Data outside the EEA;
- such country offers an adequate level of protection according to the EU ‘white list’ of countries offering adequate data protection standards; or
- EC Model Clauses are concluded between the Data Controller and the Data Processor or a Sub Processor, as set out under article 46, paragraph 2, sub paragraph c and d GDPR; or
- the transfer is allowed based on another legal ground under Applicable Laws and the Data Controller has explicitly consented with a transfer based on such legal ground.
In case Personal Data is transferred to a Sub Processor located in a country outside the EEA and there are no EC Model Clauses as set out under clause [6(1)(d)] available that regulates the transfer between two processors, the Data Controller hereby instructs and authorizes the Data Processor to instruct the Sub Processor in Data Controller’s name and vis-a-vis the Sub Processor’s to conclude EC Model Clauses.
7) CONFIDENTIALITY
The Data Processor keeps all Personal Data strictly confidential against third parties and ensures, prior to the disclosure of Personal Data to its employees, subcontractors or employees of subcontractors, that these persons are bound by the same conditions of confidentiality. Clause [7(1)] is not applicable for as far as a law requires the Data Processor to disclose Personal Data or when the Data Controller consents with the disclosure of Personal Data or disclosure is necessary in the context of the performance of the Agreement with the Data Controller.
8) AUDITS
On request of the Data Controller the Data Processor will report to the Data Controller about its compliance with article 28 GDPR. The Data Processor shall allow for and contribute to audits, including inspections, conducted by the Data Controller or another auditor mandated by the Auditor to the compliance of the Data Processor of its obligations under this Data Processing Agreement. Parties will plan a date for the audit in mutual consultation. The Data Controller shall inform the Data Processor about the audit at least three weeks in advance. The Data Controller will cover its own as well as the Data Processor’s expenses in connection with the performance of the obligations under this clause [8].
9) INDEMNIFICATION
The Data Controller warrants that its instructions to the Data Processor are legitimate and that the Personal Data provided are correct. The Data Controller indemnifies and holds the Data Processor harmless from all (i) damages; and (ii) fines imposed by regulators, which arises from or in connection with or pursuant to any act or omission of or the performance the Data Processor’s obligations under this Data Processing Agreement or any other applicable legislation regarding the protection of personal data, including the GDPR.