Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.ondemandprint.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.ondemandprint.co.uk. We are On Demand Print Services Limited, a company registered in England and Wales under company number 4973067 and with our registered office at 1A Spinney View, Round Spinney, Northampton NN3 8RF. Our main trading address is 1A Spinney View, Round Spinney, Northampton NN3 8RF Our VAT number is 824 9808 96.
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in the England, Scotland, Wales, Northern Ireland and the Channel Islands (Serviced Countries). We do not accept orders from individuals outside those countries.
3. YOUR STATUS
By placing an order through our site, you are informing us that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old; and
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.2 The Contract will relate only to those Products which we have confirmed we will supply in the Order Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, and the Products you have ordered do not fall within the definition in Clause 5.3 below, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any Product that we have been asked to provide that involves the preparation and printing of documents either to your specification or that has been personalised for your use.
5.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
6. AVAILABILITY AND DELIVERY
6.1 Unless we have specified a delivery date in the Order Confirmation, and subject to you responding promptly to matters that require your approval (see clause 11) delivery shall be within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
6.2 We shall be entitled to determine the means by which the Products shall be delivered and the carrier.
6.3 We will use reasonable endeavours to:-
(a) Inform you by email of the date upon which the Products were given to the appointed carrier and the expected date of delivery; (If you so request by email)
(b) Inform you by email that the Products are ready for collection by the carrier on the last working day before the agreed delivery date) (should we have agreed that delivery of the Products should be by a carrier that provides a next day delivery service)
6.4 We cannot accept responsibility for the failure of the Products to be delivered :-
(a) By an expected date notified to you in accordance with Clause 6.3(a); or,
(b) By the agreed date referred to in Clause 6.3 (b) where we have made the Products available for collection by the carrier but they have either failed to collect and/or deliver the Products by the time agreed.
And, in either case, where no one is available to accept the Products at the address you gave for delivery.
6.5 If you have ordered the Products in the course of your business then :-
(a) You agree to inspect the Products for any defect promptly and in any event within 3 working days of delivery and will inform us by email within a further one working day if you believe the Products do not correspond with the proof agreed in accordance with Clause 11 or have been damaged, or otherwise are defective.
(b) If you allege that there is a defect in the Products, you will permit us to arrange for collection of the Products for our inspection and if we accept that a defect has occurred, then we shall deal with the matter in accordance with our refunds policy at Clause 9.
(c) If upon inspection it appears that the Products were damaged and that the damage has been caused by the carrier then, so long as you have notified us of the damage in accordance with the terms of this clause, we will deal with your complaint in accordance with our refunds policy. A failure to notify us within the time limit could prejudice our right to recover losses from the carrier, and therefore we will not accept any liability if you do not comply with the notice requirements in clause 6.5 (a).
7. RISK AND TITLE
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of the Products and any delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Whether VAT is payable on printed material will depend on the characteristics of the Product ordered. If it is clear that a Product is chargeable to VAT whatever the circumstances then we will include the VAT in the price quoted on the website. If the amount of VAT is not included in the price quoted on our website, then we reserve the right to charge the VAT on top of the price quoted at the relevant rate. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.6 Payment for all Products must be by credit or debit card. We accept payment with all major credit and debit cards.
9. OUR REFUNDS POLICY
9.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 23 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of any refund to which you are entitled via e-mail within a reasonable period of time. If we agree that a refund is due, we will usually process the refund due to you as soon as possible and. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. However, we specifically draw your attention to the fact that we will not necessarily accept your right to a refund by reason of an alleged defect in the Products where either samples or proofs have been provided and approved (see clause 11 below) or through damage once the products have been consigned to our carrier (see clause 6).
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.1 Subject to the matters set out below in clause 101, we warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. THE PROCESS
11.1 A copy of any artwork, images or text (the Content) that you wish to appear in the Product should be supplied electronically with the order in a high resolution portable document format (pdf). We may, in our discretion, accept a lesser resolution and/or a different format but this may result in an additional charge and may adversely affect the quality of the Product. It is possible that changes may occur to the digital copies of the Content you supplied in the course of preparing the proofs of the Product and you must retain a copy of the Content yourselves. You will accept no liability for a failure on our part to return your Content (if so requested) in the state and form in which it was supplied.
11.2 We may supply you with a proof of the Product by email for you to consider. It is your responsibility to check and approve:-
(a) The Content and in particular that any text to be included is both grammatically correct and spelt correctly.
(b) That the Content is laid out in the size, proportions, style and configuration that you require; and
(c) The colours and proposed texture of the Product are approved;
That your approval is given promptly and in any event within five working days of the proof being submitted.
11.3 You may request that the proof be amended, but if you have not given your approval to the fourth version of the proof that we submit, then we will charge you a fee for any further changes to the proof based on the time spent at our normal hourly charging rate (currently £50.00 an hour plus VAT) with a minimum charge of £25.00 plus VAT. Hours are divided into ten 6 minute units and time will be rounded up to the next unit.
11.4 Once the proof has been approved whether orally or in writing, we will proceed to print the quantity of the Products you have ordered. No refunds (or free reprints) will be given where errors or omissions in the Product arise because you have failed to notify us of the error or omission.
11.5 We will use reasonable efforts to ensure that the colour and/or texture and/or positioning of the Content of the Product will match the proof you have agreed. However, some variations of colour, texture and/or layout of the Content in the Products may occur during the printing process. We do not guarantee that the Product will match exactly the approved proof in relation to its colour, texture or layout.
12.1 We shall use reasonable endeavours to ensure that we deliver the quantity of the Product that you have ordered. However, some variation in quantity is inherent in the printing process and we shall have no liability to either compensate you or charge you where the quantity of the varies by no more than 5% from the quantity ordered. Any shortage beyond this tolerance limit will result in us offering to reimburse you a pro rata amount of the Price to reflect the shortage above the tolerance limit or we will give you a pro rata credit against future reprints or orders at your choice. In so far as a greater quantity of the Product is supplied than ordered, we will not charge you for the additional supply.
13. COPYRIGHT AND OTHER MATTERS
13.1 You warrant to us
(a) that all intellectual property rights that subsist in photographs, designs, literary content, artwork or any other material in which intellectual property rights exist or may exist (the rights) that you create and / or supply to us and that is intended to feature in the Product you have ordered are either owned by you or you have procured the consent of the rights owner (or his lawfully authorised licensee); and
(b) that the production, publication and use of the Product will not infringe such rights.
13.2 We warrant to you
(a) that all rights that subsist in material that we create or supply and which is incorporated in the Product you have ordered are either owned by us or we have procured the consent of the rights owner (or his lawfully authorised licensee); and
(b) that the production of the Product will not infringe such rights and you may use the Product for the purpose for which it is supplied.
13.3 If a claim is intimated or brought whether against you or us in which it is alleged or suspected that the Product infringed the rights of another person (a claim), then
(a) each will inform the other as soon as reasonably practicable and shall enter into discussion in good faith to see what steps can be taken to prevent or abate the claim ; and
(b) If the claim relates to the rights in any material created or supplied by you, then you will indemnify us in respect of all damages (or other form of monetary award), costs and expenses including legal costs of dealing with the claim whether those costs are incurred before of after the commencement of any court or other proceedings and we will indemnify you to the like extent if and in so far as the claim relates to rights in material created or supplied by us.
13.4 All rights in commissioned artwork including any illustrations, photographs, designs, or literary Content in material prepared developed or created by us whether for general use or specifically for the Product you have ordered shall belong to us exclusively unless we agree otherwise in writing. This will include such rights as may subsist in material that does not become part of the Product and also any material that is created or arises from any additions alterations or amendments made to material you have supplied to us.
13.5 Provided we have been paid all sums due under this contract for the Product, we hereby grant you a non-exclusive perpetual irrevocable royalty free worldwide licence to use, reproduce and exploit commercially such of our rights that subsist in the Product we have supplied.
13.6 If and in so far as material has been created in the course of providing our services under this contract in which rights subsist that belong to you and us, then you hereby grant to us a non-exclusive, perpetual irrevocable royalty free worldwide licence to use, reproduce and exploit commercially (including the right to assign or grant sub-licences of) such of those rights that belong to you.
14. OUR LIABILITY
14.1 Subject to clause 14.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
14.2 Subject to clause 14.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 14.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 14.2.
14.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
15. IMPORT DUTY
15.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to On Demand Print Services Limited at 1A Spinney View, Round Spinney, Northampton, NN3 8RF OR firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract 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.
22. ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this clause limits or excludes any liability for fraud.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
25. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.