|Terms and Conditions
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE (WWW.EASIPRINT-ONLINE.CO.UK) (THE "WEBSITE"), YOUR ACCESS TO, AND UNDERTAKING AND USE OF OUR GOODS AND SERVICES AND YOUR RELATIONSHIP WITH BOSS DIRECT LTD ("WE" "US" or “OUR). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY TO YOU AND AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.
IF YOU AGREE TO THESE TERMS AND CONDITIONS UNCONDITIONALLY, YOU SHOULD TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU WILL THEN BE ABLE TO PROCEED WITH AN ORDER WITH US TO WHICH THESE TERMS AND CONDITIONS WILL APPLY.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU SHOULD NOT CONTINUE WITH THE PURCHASE OF OUR GOODS OR SERVICE(S).
If you have any questions about these terms and conditions, please contact our customer support team:Email: firstname.lastname@example.org
Tel: 01204 694780
1.1.In these conditions, the following definitions shall apply:
1.1.1.Company, we, us or our means Boss Direct Ltd trading as Easiprint-Online, a company registered in England and Wales under number 2833670 whose registered office address is at Folds Road, Bolton, BL1 2SD.
1.1.2.Customer or You means the person, firm or company that purchases goods or services from us.
1.1.3.Conditions means the terms and conditions set out in this document.
1.1.4.Contract means the contract between the Company and the Customer for the sale and purchase of Goods and Services in accordance with these conditions.
1.1.5.Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1.1.6.Electronic file means any text, illustration or other matter supplied or produced by us or you in digitised form on disc, through a modem or by ISDN or any other communication link.
1.1.7.Goods means the goods (or any part of them) set out in the Order.
1.1.8.Intermediates means all products produced during the manufacturing process which shall include, but not be limited to, discs, films and plates.
1.1.9.Preliminary work means all work carried out by us in the concept and preparatory stages which shall include, but not be limited to, artwork, design and colour matching.
1.1.10.Order means the Customer’s order for the Goods or Services as set out on the Website.
1.1.11.Website means the domain name www.easiprint-online.co.uk which is owned and operated by the Company.
1.1.12.Work means all Goods and Services supplied by us to you.
1.2.The headings in these terms and conditions are inserted for convenience only and shall not affect its construction;
1.3.A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it;
1.4.Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.5.A reference to writing or written includes faxes and e-mails.
2. THE CONTRACT BETWEEN US
2.1.These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2.The Order constitutes an offer by the Customer to purchase the Goods or Services in accordance with these Conditions.
2.3.The Customer will receive confirmation of their Order which shall only indicate that the Company has received the Order. It shall not indicate that the Company has accepted the Customers offer even if payment is taken.
2.4.The Order shall only be deemed to be accepted once the Company has despatched the Goods to the Customer or has commenced Work on the Services, at which point the Contract shall come into existence unless the Company has notified the Customer that:
2.4.1.The Company does not accept the Order;
2.4.2.Deliveries cannot be made to the Customers area;
2.4.3.The Goods are out of stock;
2.4.4.The Services cannot be supplied;
2.4.5.the Goods or Services the Customer ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by the Company from its suppliers; or
2.4.6.The Customer has cancelled the contract in accordance with Section 11.
2.5.The Company shall not be obliged to supply any Goods or Services ordered by the Customer until full payment is received.
2.6.In the event that the Order is refused, the Company will notify the Customer by e-mail and will refund the sum deducted by the Company from the Customers credit card as soon as possible within 28 days of the Order.
3. PRICES AND PAYMENT
3.1.The price of the Goods or Services shall be the price set out at the checkout on the Website.
3.2.The Prices published on the Website are exclusive for all sales made through the Website. Other methods of submitting an Order (i.e. Email, telephone or in store) may incur additional charges to reflect the increased costs to the Company.
3.3.Prices listed on the Website shall be exclusive of value added tax (VAT). VAT shall be applied at the checkout at the prevailing rate.
3.4.The Company may, by giving notice to the Customer at any time before delivery, increase the price of the Goods or Services to reflect any increase in the cost of the Goods or Services that is due to:
3.4.1.any factor beyond the Company’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials, printing and other manufacturing costs);
3.4.2.any request by the Customer to change the delivery date(s), quantities or types of Goods or Services ordered, or the Specification; or
3.4.3.any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information, materials or instructions.
3.5.Payment for the Goods or Services shall be made by the Customer using the online payment facility on the Website which is provided by Sage Pay.
3.6.In the event that an invoice for the Goods, Services or Additional Work supplied by the Company is provided to the Customer, the Invoice shall be delivered by email to the Customers last known email address or post to the address provided by the Customer at the time of placing the Order.
3.7.Further to 3.6 above, the invoice must be paid in full before the Work is printed and despatched to the Customer.
4. SCOPE OF SERVICE
4.1.For Artwork, Graphic Design, Illustrations and Photography, Proofs shall be sent to the Customer via email for the Customer to examine and approve before proceeding with the Service.
4.2.Proofs supplied by the Company shall be accurate for layout and content only. Proofs shall not be accurate for colour comparison to the Completed Work.
4.3.Where the Customer waives any requirement to examine the Proofs, the Company shall not be liable for any errors in the Completed Work.
4.4.Although the Company will use its reasonable endeavours to meet any deadlines agreed for the Completion of the Service, time shall not be of the essence.
4.5.Any materials used or produced by the Company during the course of the Service including metal, film, plates, film-setting, negatives, positives, electronic files and other production processes shall remain the Company's exclusive property and shall be destroyed upon completion of the Service.
4.6.The Company shall not be obliged to download any digital data or supply any digital data to a party other than the Customer on disc, tape or by any communication link.
4.7.The Company shall not be required to supply Services which the Company decides, at its sole discretion, is morally distasteful, illegal, libellous or an infringement to the intellectual property rights of any third party.
4.8.Alteration or amendment to the Goods or Services requested by the Customer after placing an Order will be subject to an additional charge in accordance with Section 5.
5. ADDITIONAL CHARGES – PLEASE READ CAREFULLY
5.1.Alterations, amendments or additional work requested by the Customer after placing an Order will be subject to an additional fee which shall be determined at the Company’s sole discretion and agreed with the Customer before commencing any alterations, amendments or additional work to the Goods or Services ordered by the Customer.
5.2.The Company shall accept requests for alterations, amendments and additional work at its sole discretion and shall not be under any obligation to accept such requests.
6.1.The Company shall ensure that an email is sent to the Customer after placing the Order which shows the date of the Order, the date of delivery, all relevant Customer and Company reference numbers, the type and quantity of the Goods ordered (including the code number of the Goods, where applicable) and special storage instructions (if any).
6.2.The Company shall use a third party Courier to deliver the Goods to the location set out in the Order.
6.3.Delivery of the Goods shall be completed on the Goods' arrival at the delivery location.
6.4.Unless otherwise agreed in writing, delivery will be to the Kerbside at the Customer’s address and the Customer shall be responsible to ensure that safe arrangements are in place for off-loading and for any additional transportation which may be required to transport the Goods from the kerbside to the Customer’s storage facility safely.
6.5.Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods.
6.6.If the Company fails to deliver the Goods within 28 days from the time the Customer has agreed to a final sign off of the Work, its liability shall be limited to the Order total. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event (defined under Section 15 below) or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.7.If the Customer fails to accept delivery of the Goods when the Courier attempts to deliver the Goods, an additional delivery charge shall apply for the re delivery of the Goods.
6.8.In the event that the Customer fails to accept delivery of the Goods after the second delivery attempt, the Customer shall collect the Goods from their location at the Courier’s depot which will be held for a maximum of 3 working days before being disposed of.
6.9.Further to clause 6.8 above, the Company shall not be liable to refund the Customer in the event that the Customers Goods are disposed of due to the Customer’s failure to accept delivery of the Goods within the timescales and conditions stated under this Section 6.
7. COMPLETION OF SERVICE
7.1.The Service shall be deemed complete 7 working days from the date the Company served notice of completion to the Customer.
7.2.For the purpose of 7.1 above, notice of completion shall be served to the Customer by way of electronic mail to the last known address provided by the Customer.
7.3.Amendments, alterations and adjustments to the Work shall be subject to an additional charge in accordance with Section 5.
8. HOURS OF BUSINESS
8.1.The Company operates between the hours of 09:00 – 17:00 Monday – Thursday and 09:00 – 16:00 on Fridays excluding public holidays. Christmas and New Year trading hours may vary and the Customer should refer to the homepage of the Website for updated Christmas and New Year trading hours.
8.2.An additional charge in accordance with Section 5 shall apply for any Work performed by the Company outside of its normal hours of business.
9. CUSTOMER OBLIGATIONS – PLEASE READ CAREFULLY
9.1.The Customer shall, at its own expense, supply the Company with all necessary documents, software, data or other information or materials relating to the Service within a reasonable time in order for the Company to perform the Service effectively.
9.2.It is the responsibility of the Customer to ensure that all information provided to the Company is correct, complete, accurate, legible and in the correct form.
9.3.The Customer shall, in accordance with Section 7 above, exercise its own skill and judgment when signing off the work provided by the Company in order to deem the Service complete. Any errors or omissions in the work are the responsibility of the Customer thereafter.
9.4.It is the Customer's responsibility to maintain a copy of any original Electronic File or Print Ready File provided by the Company.
9.5.In respect of any Artwork, Design, illustrative or Photography Services, the Customer shall not modify, alter, retouch, destroy, damage or change the work in any way without the prior written consent of the Company.
10. CUSTOMER WARRANTIES AND INDEMNITY – PLEASE READ CAREFULLY
10.1.The Customer warrants that to the best of their knowledge, information and belief:
10.1.1.All information supplied to the Company before and during the term of this Agreement will be accurate and not in any way contrary to any applicable law; and
10.1.2.The materials supplied by the Customer and all intellectual property rights within them are owned by the Client; and
10.1.3.The materials supplied by the Customer do not infringe any intellectual property rights of any third party.
10.2.The Customer shall accept full legal responsibility in respect of any Services approved by the Customer for publication and will indemnify the Company and hold harmless against any loss or liability, costs or damages incurred as a result of any use of the Services by the Customer.
10.3.The Customer shall indemnify the Company, keep the Company indemnified and hold the Company, its Directors, Officers, Employee’s and Agents harmless in respect of all costs, claims, liabilities and costs to which the Company may be subject as a result of any claim that any of the Work or Services provided by the Company results in defamatory matter or infringes any Intellectual Property Rights of any third party.
10.4.The Customer shall indemnify the Company against any liability which shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal expenses and other fees incurred or suffered as a result of the Customer’s breach or non fulfilment of the Terms of this Agreement.
11. CANCELLATION AND REFUNDS
11.1.The Customer may cancel their Order and receive a full refund at any time before the Company has started work on the Goods or Services ordered by the Customer.
11.2.Due to the nature of the Goods and Services supplied by the Company being specific to the Customer, cancellations made after the Company has started work on the supply of Goods or Services shall be non refundable.
11.3.Notice for cancellation must be given by the following:
11.3.1.By email: email@example.com.
11.4.Where the Goods supplied by the Company are being returned because they are faulty or not fit for purpose, the Company shall decide at its sole discretion whether the Goods are faulty or not fit for purpose. Should the Company conclude upon receipt and inspection that the Goods are not fit for purpose or are of unsatisfactory quality, The Company shall reimburse the Customer for the cost of the return carriage on the condition that the Carrier is nominated by the Company and shall replace the Goods or provide a refund for the Goods accordingly.
11.5.Further to clause 11.4 above, the Customer shall have 7 working days from the date the delivery was completed to notify the Company of any faults or defects. Notification must be made to the Company by email to the address provided under 11.3.1.
12. DISCLAIMER – PLEASE READ CAREFULLY
12.1.Nothing in these Terms shall exclude or in any way limit our liability for fraud, misrepresentation, death or personal injury caused by our wilful misconduct or negligence.
12.2.The Company’s maximum aggregate liability under or in connection with these Terms will in no circumstances exceed the total of the Customer’s Order.
12.3.Any performance dates, time deadlines or milestones set out in the Order are estimates only and time for performance by the Company shall not be of the essence under these Terms.
12.4.For services that involve printing, the Company will make all reasonable efforts to reproduce the printed item to match the artwork, descriptions or any other materials supplied by the Customer but the Company cannot guarantee a precise match in regard to the colour, contrast, screens or finish due to the inherent variations within the printing process.
12.5.The Company disclaims all liability for any consequential loss arising from, or in connection with, the Goods and Services supplied by the Company.
12.6.For the purpose of these Terms, ‘Consequential loss’ shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity.
12.7.If there is an error in a Service which is published or publication is delayed or does not occur as planned, we will not be liable unless this is caused by our default or neglect.
13. INTELLECTUAL PROPERTY
13.1.The Intellectual Property Rights vested in any copyright, extended or revived copyright, design right, registered design, patent, performers property right, trade mark, database right, software, specifications, materials, documents, drawings, models, procedures or any other intellectual property rights created, established or developed in connection with the Service carried out by the Company shall remain in the ownership of the Company unless otherwise agreed in writing.
13.2.The Intellectual Property Rights can be purchased by the Customer in consideration for a fee that is subject to a separate Agreement.
14. THIRD PARTY RIGHTS
14.1.The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the Company and the Client shall have any rights under it.
15.1.If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms shall not be affected.
16. FORCE MAJEURE
16.1.Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
17. DATA PROTECTION
17.1.The Customer consents to the Company holding and processing data relating to the Client in accordance with the Data Protection Act 1998 of which the Company is a registered Data Controller under the name of Easiprint Design & Print Ltd for the purpose of the Act.
18.1.This Agreement shall set out the whole of our agreement relating to the supply of Goods and Services by the Company to the Customer.
19. GOVERNING LAW
19.1.This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent arbitrator and governed by and construed in accordance with English law.
19.2.The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent arbitrator.