Terms of Sale - www.inteleprint.co.uk
In this document we have mentioned our terms and conditions on which we supply any of the products that are listed on our website www.inteleprint.co.uk to you. Please go through our terms carefully before ordering any of the products from our website – specifically, the limit of our liability in paragraph 14 below. You understand that by buying any of our products you will be bound to these terms and conditions.
1. INFORMATION ABOUT US
This website is operated by Intelicle Ltd (“we/us/our”). We are a registered company in the UK, our office is located at Unit 12, Park Lane Business Centre, Park Lane, Nottingham, NG6 0DW.
2. YOUR STATUS
2.1. To buy from our site you must be a client either listed or a guest customer. Listed customer means having a useable IntelePrint account, which you can record for using our site. We hold the right to eliminate accounts for any purchasers found to have dubious activities on our site. On account elimination, any active orders will not be reimbursed and will not be managed.
2.2. Furthermore to paragraph 2.1 above, by placing an order through our website you warranty that:
2.2.1. You are officially capable of entering into mandatory contracts; and
2.2.2. You are at least 18 years old.
2.3. If you are putting an order through our website on behalf of a business, you authorise that you have the essential right from that business to place the order.
2.4. You approve only to offer a third party’s personal info if they have given you direct permission to use it in respect of the Products you have ordered.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1. Your order creates an offer to us to purchase a Product or Products. All orders are dependent on approval by us, and we will authorise such approval to you by electric notification at the completion of the ordering process (the "Order Confirmation"). We are unable to issue an Order Confirmation until such time as the ordering procedure is complete. The agreement between us ("Contract") will only be made when we send you the Order Confirmation. Once the Agreement has been formed, the terms of the Agreement cannot be varied without our prior written consent.
3.2. As the Products will be made to your requirement or will be modified by you, you will not have any right to cancel the supply of any of the Products once you have placed an order. The service you buy from us to produce either a logo or other design (with definite mock-ups) will have to be finished before print. You will use all rational exertions to offer wanted information, resources and approvals. Any interruption will result in a day-for-day delay of the due date for all Deliverables. If, however, an order is wrongly placed, please contact us as soon as possible by mobile at 01157860269 or email at firstname.lastname@example.org. If your order has not yet been submitted to print, we may (at our singular discretion) let you to cancel the order and subject a refund to you to allow you to place re-order the Products. Though, if the order has been give in to print, we will be incapable to issue such termination.
3.3. We take payment from you when you place an order with us. If you are making payment to us by BACS in accordance with paragraph 12 below, the order will not be processed until the payment has cleared in full into our account. This will usually be 3-5 days from the date that you send the payment. You will then receive the Order Confirmation from us.
4. USE OF OUR DESIGNS
4.1. Our website and all rational property rights within (including all writing, images, template designs, trade names and logos) are possessed by, or certified to, us. Issue to paragraph 4.2 below, you may use our website and the template designs for creating Products and placing orders, but such use shall not transfer ownership of any part of our site or our intellectual property rights to you.
4.2. If you wish to use any of our template designs on our site in creating your Products, you will need to pay us the appropriate fee as advertised on our site from time to time. We shall then grant to you a royalty-free, non-exclusive, perpetual, non-transferable licence for you to use that template design in your advertising and marketing material (such as vans and signage) and business stationery as part of a Product PROVIDED that you do not use the model design on any product planned for sale or resale by you.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
5.1. Whenever you make use of a feature that lets you to upload material to our site (“Your Material”) you must comply with the content standards set out in paragraphs 5.2 and 5.3 below (“Content Standards”). If Your Material does not comply with those Content Standards, you shall indemnify us for any losses, damages, claims and other expenses we may incur as a result of such breach.
5.2. Your Material must:
5.2.1. Be precise (where it states facts);
5.2.2. Be genuinely held (where it states opinions); and
5.2.3. Comply with the law appropriate in England and Wales and in any country from which it is uploaded.
5.3. Your Material must not:
5.3.1. be defamatory of any person;
5.3.2. be obscene, offensive, hateful or inflammatory;
5.3.3. promote sexually explicit material;
5.3.4. promote violence;
5.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.3.6. infringe any intellectual property rights of any third party. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their intellectual property rights;
5.3.7. be possible to cheat any person;
5.3.8. Break any legal duty payable to a third party, such as a promised duty or a duty of confidence;
5.3.9. Encourage any illegal activity;
5.3.10. be in derision of court;
5.3.11. be intimidating, abuse or attack another's privacy, or cause exasperation, inopportuneness or needless concern;
5.3.12. be likely to annoy, upset, humiliate, alarm or annoy any other person;
5.3.13. impersonate any person, or misrepresent your identity or affiliation with any person;
5.3.14. sponsor, promote, provoke any party to commit, or support any illegal or criminal act such as (by way of example only) copyright infringement or computer misuse; or
5.3.15. cover a declaration which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect reassurance or other encouragement to the commission, preparation or instigation of acts of terrorism.
5.4. We have the right to remove any of Your Material if, in our opinion, Your Material does not comply with the Content Standards. You will receive a full recompense of any amounts already paid for an order we do not fulfil.
5.5. In addition to submitting with the Content Standards, you agree that all Your Material uploaded by you onto our site will be done at your own risk. You must keep a copy of Your Material that you upload. We specifically exclude all accountability for any uploaded Your Material which is lost or impaired during or after the uploading process.
5.6. Botch to follow our site's introductory instructions for uploading Your Material may result in Products of poor quality. Please review these instructions carefully. We accept no responsibility for poor quality Products in those circumstances. You are further advised to review paragraph 6 below regarding Product approvals.
5.8. Nothing in these terms and conditions shall transfer ownership of Your Material or any personalisation of our template designs to us or to any third party. You will continue to own all of Your Material and any personalisation that you may create through our site.
6.1. Prior to producing the Products, we make an electronic proof of the Product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2. Your statutory rights are not excluded, limited or otherwise affected by these terms and conditions.
6.3. If Your Material is submitted to us it shall be signed off before 1pm. Artwork provided by us shall be uploaded, approved once the order has been paid. Only one artwork be signed off at a time.
6.4. If you do not require a proof on the Product but have submitted Your Material to us, you must submit this before 1pm to ensure that it goes to print that day.
7. AVAILABILITY AND DELIVERY
7.1. Unless there are extraordinary circumstances, your Products will be posted for delivery in accordance with the delivery service chosen by you during the ordering process. We do not offer international delivery at this time, but we will update our site if we can offer this service in the future.
7.2. Unless otherwise stated on our site, we have several turnaround options (depending on the product and quantity) Express, Economy and Saver, this relates to manufacture time and does not include the delivery day. The turnaround dates are approximations and cannot be certain.
7.3. Working days are Monday to Friday, 09:00 to 18:30, excluding UK Bank Holidays.
7.4. All Products will need signature upon delivery. If anyone other than the envisioned recipient signs for the Product and the Product is subsequently not transported to the planned recipient, we will incur no liability provided that the Product was brought to the address provided by you as part of your order.
7.5. Delivery is completed once the Products have been unpacked at the address for delivery set out in your order and signed for.
7.6. If you have opted for design service then your order will go through the delivery process after you have confirmed and finalised the design.
7.7. A separate part is classed as a stand-alone product that may be sold in packages (e.g. in 1000 letterheads an individual part is 1 letterhead). We use our greatest efforts to deliver all parts to you in one bundle, but from time to time we may be unable to do so. In that circumstance we will update you by email and will arrange for separate deliveries.
7.8. Where delivery is overdue due to extraordinary circumstances or a Force Majeure Event (please see paragraph 19 below), we will process the delivery as soon as we rationally can and will keep you updated concerning this by email. We will have no responsibility to you in that circumstance.
7.9. Where delivery is not possible because of us being provided with the incorrect delivery address details, our delivery service will return the Products to us and we will hold these for 5 working days. We reserve the right to make an extra delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us concerning re-despatch within 5 working days, we may recycle the Products at our choice and you will need to place a new order with us if the Products are still required.
8.1. You must inform us within 30 days of the date that the Products were posted of any failure on our part to deliver the Products in order that we can examine the failure and take suitable action. You should notify us by telephone at 01157860269 or email at email@example.com. If you notify us after 30 days, paragraph 15.2 below shall apply.
9.1. All reasonable activities will be made to deliver the correct quantity of Products ordered by you. However, you acknowledge that differences in admiration of quantities are inherent within the printing industry.
9.2. All repayments or re-prints shall be issued within 7 working days from the date of announcement of an incorrect quantity.
9.3. All spares may be kept by you at no added cost.
10.1. The images of Products and template designs on our site are for illustrative purposes only.
10.2. You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.
10.3. We cannot be held responsible or liable for colour variance on an order that has been printed with us, regardless of when it was printed. However, if you are not happy with the Product that you have received, we may at our discretion offer a reprint or a refund. We are not liable to offer both. Please contact us by telephone at 01157860269 or email at firstname.lastname@example.org if you wish to discuss this further with us.
10.4. For a folded leaflet and/or booklet, our tolerance is 1.5mm from the fold line as marked on your proof.
10.5. Please be aware there is also a 0.5mm off centre tolerance for trimming on some Products - for business cards, for example, the tolerance on trimming is 1mm.
10.6. The packaging of your Products may vary from that shown on images on our site.
10.7. If you wish to add any additional finishing tolerances, you can do so when completing your order process using our site. If the additional finishing tolerances are at an additional cost, these will be set out on our site.
11. RISK AND TITLE
11.1. The Products will be at your risk from the time of delivery.
11.2. Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
12.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We sell many Products through our site and it is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
12.2. Prices include delivery and VAT unless the Product is generally zero-rated for VAT (this will generally depend upon which Product you order from us). In this case, we will contact you if VAT becomes payable. If you do not wish to proceed with the order and pay VAT, you may cancel the order and we will issue a full refund to you.
12.3. Prices 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.
12.4. You may pay for Products using PayPal, any debit or credit card or if the order is over £100.00 by BACS transfer.
12.5. If you have been quoted for a bespoke price please note this quote is subject to change after 30 days from the date specified on the quote
12.6. Please note that voucher/discount codes cannot be used against a quote.
13. OUR REPLACEMENT POLICY
13.1. If you believe that a Product is defective, we may request that you return the product for our examination.
14. OUR LIABILITY
14.1. Subject to paragraph 14.2 below, our liability regarding any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
14.2. We do not exclude or limit in any way our liability:
14.2.1. for death or personal injury caused by our negligence;
14.2.2. under section 2(3) of the Consumer Protection Act 1987;
14.2.3. for fraud or fraudulent misrepresentation; or
14.2.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
14.3.1. any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
14.3.2. any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
14.4. Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded fully permitted by law. We will not be responsible for ensuring that the Products are suitable for your purposes.
15.1. Claims for damage, shortages or non-delivery must be advised by telephone at 01157860269 or email at email@example.com within 30 days from the date that the Products were despatched.
15.2. We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 15.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
16. WRITTEN COMMUNICATIONS
17.1. You must give notice to us either at its registered office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:
17.1.1. within 1 working day when given electronically; and
17.1.2. 3 working days after the date of posting of any letter when served by post.
17.2. In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1. The Contract is binding on you and us and on our respective successors and assigns.
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 (without limitation) the following:
19.2.1. Strikes, lock-outs or other industrial action;
19.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5. Impossibility of the use of public or private telecommunications networks; and
19.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2. A waiver by us of any default shall not constitute a waiver of any subsequent default
20.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17 above.
If any of these Terms and Conditions or any provisions of a Contract 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 fully permitted by law.
22. ENTIRE AGREEMENT
22.1. 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.
22.2. 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.
22.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
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.
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
24. THIRD PARTY RIGHTS
The Contract is between you and us. No other person has any rights to enforce any of its terms.
25. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales