Terms & Conditions
1.1 In these Terms and Conditions: "the Site" means our web site; "our", "ourselves", "we" and "us" means every day office limited registered in England and Wales under Company Number 6186945 and whose Registered Office is at Clarks Mill, Stallard Street, Trowbridge, Wiltshire BA14 8HH; and "you" means the person, firm or company who purchases the products from us.
2 Contract Formation
2.1 A summary of the steps which you must follow in order to conclude a legally binding contract is set out on our Site.
2.2 By submitting your order on-line using our Site, you confirm your agreement to be bound by these Terms and Conditions of supply.3 Description of our products and services
3.1 We provide the service of printing various products incorporating images of pictures and other data which is made available by us for this purpose on our Site or uploaded by you onto our Site.
4.1 The products will be delivered to the address or addresses you give or (where appropriate) which you choose from our mailing list, when you place your order.
4.2 Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event, within [30 days] of your order. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
4.3 Risk in the products passes to you upon despatch, unless you are ordering the goods as a consumer, in which case risk in the products passes to you upon delivery or upon delivery to your carrier.
5.1 Title in the products ordered by you remains with us until such time as payment in cleared funds has been received from you.
6 Charges and payment
6.1 You agree to pay our charges at the rates applicable from time to time and stipulated on our Site.
6.2 Payment may be made by means of a credit or debit card by completing the payment details page.
6.3 If you fail at any time to pay any charges due in accordance with these Terms and Conditions we may, at our discretion and without prejudice to our other rights, deny you access to those areas of our Site which are exclusively available to subscribers. We need not provide you with advance notice in such circumstances.
7.1 We warrant that any services provided by us will be provided with due care and skill and that the products supplied by us will be of satisfactory quality and at the time of delivery will correspond with your specification included in our notification accepting your order. If you are ordering the products as a consumer, this warranty does not affect your statutory rights.
7.2 This warranty does not apply to, and we do not accept any liability for, any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions (including any instructions on our Site), or any alteration of the products in any way after delivery without our prior written approval.
7.3 We do not give any warranty, express or implied, as to uniformity of shade or exact colour shade of the products, and it is agreed that due to differences between colour proofing and product runs (resulting, for example, from us using 4 colour plates for printing and not spot colours) a reasonable variation in colour between your proof of the products and the product run, and between batches of the same products, will be deemed acceptable.
7.4 If the products fail to comply with this warranty, we shall at our option:
7.4.1 supply, within a reasonable time and free of charge, replacement products for the products or (where applicable) that part of the products which fail to comply; or
7.4.2 refund that part of the price which has already been paid by you and which relates to the products or (as appropriate) that part of the products which fails to comply, or, (where payment has not yet been made) reduce the price accordingly
subject to written details of any such claim having been received by us within 7 days from the date of delivery and the defective products having been returned to us at your expense. Unless you are ordering the products as a consumer, we shall have no further liability to you in respect of the products.
If you are ordering products as a consumer, this warranty does not affect your statutory rights, and if you have any complaint about the products, you can notify us at the address, email address or telephone number given on our Site.
7.5 The warranties set out in these Terms and Conditions are the only warranties which shall be given by us, and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded. This condition does not apply if you are ordering the products as a consumer.
Conditions 8.1 to 8.5 do not apply if you are ordering the products as a consumer.
8.1 The following provisions set out our entire liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of any breach of these Terms and Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the order or supply of products from our Site.
8.2 None of the exclusions or limitations in this Condition 8 shall exclude or restrict our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence.
8.3 None of the exclusions in this Condition 8 shall affect any statutory rights which are not capable of being excluded.
8.4 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the order or supply of products from our Site shall be limited to the price of all the orders placed by you during the twelve months prior to the date on which the liability arose.
8.5 We shall not be liable for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the order or supply of the products, or for any liability incurred by you to any other person for any economic loss, claim for damages or awards howsoever arising from the products or the on-line ordering service or otherwise.
8.6 Where you are ordering the products as a consumer, our liability in respect of our on-line ordering service and the products is excluded to the fullest extent permitted by law.
This Condition 9 does not apply if you are ordering the products as a consumer.
9.1 You irrevocably and unconditionally agree to indemnify us and our employees, sub-contractors and agents (who shall have no duty to mitigate their loss) in full and on demand and keep us and them so indemnified against all claims, demands, actions, proceedings and all damages, losses, costs and expenses (including, without limitation, legal and other professional advisers fees and all consequential and economic loss) made against or suffered by us or any of them directly or indirectly and whether wholly or in part resulting from:
9.1.1 the printing of the products in accordance with your designs, drawings, specifications, or other data or information furnished or instructions given by you;
9.1.2 any claims that any intellectual property or confidential information or other exclusive right of any third party has been infringed through the printing, sale or use of the products (save to the extent that the products have been supplied in accordance with our specifications or designs); or
9.1.3 the cancellation of your order after its acceptance by us.
10 Third Party Rights
No person other than you and us shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any of these Terms and Conditions which expressly or by implication confers a benefit on that person without the express prior agreement in writing between you and us.
We reserve the right at any time without notice to revise the content of our Site (including the services offered by us) and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on our Site and by continuing to use our on-line ordering service following any such change you will signify that you agree to be bound by the revised Terms and Conditions.
12 Events Beyond our Control
We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing our services or the products resulting from any event or circumstance beyond our reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
13 Applicable Law and Jurisdiction
These Terms and Conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and for these purposes the parties irrevocably submit to the exclusive jurisdiction of English Courts.
Not withstanding that the whole or part of any provision of these Terms and Conditions may prove to be illegal or unenforceable, the other provisions of our agreement and the remainder of the provision in question shall remain in full force and effect.
15 Entire Agreement
15.1 Unless otherwise specified herein these Conditions contain the entire agreement of the parties relating to the subject matter of these Terms and Conditions.
15.2 Each of the parties agrees that it did not rely on and shall have no remedy in respect of any statement, representation or warranty, whether oral or in writing, of any person other than those expressly set out in these Terms and Conditions (but excluding fraudulent misrepresentation).
16.1 A waiver by either party of its rights in connection with any breach or default hereunder shall not be valid unless in writing and shall not be deemed to be a waiver of any subsequent breach or default.
17 Our relationship
17.1 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of your order.
18 Right to withdraw
This condition only applies if you are ordering products as a consumer.
18.1 Subject to condition 18.3 below, you may withdraw from the contract at any time during a period of 7 working days (Monday to Friday inclusive) starting from the day after the date we notify you that we accept your order.
18.2 We agree to reimburse you, free of charge, within 30 days of notification of withdrawal, the purchase price you paid.
18.3 You will lose your right to withdraw if we have commenced printing of your products with your agreement before the end of the 7 working day period