- “Goods” means anything we have produced ie books.
- “Electronic File” means any text, illustration, graphics or other matter supplied or produced by either party.
- ImprintDigital.com will be referred to as either ‘we’ or ‘us’
- Customers will be referred to as ‘you’
- “Insolvency” means if you are in a position where you are unable to pay your debts or have a winding up petition issued against you or you have a receiver, administrator or administrative receiver appointed to you or you commit an act of bankruptcy or have a bankruptcy petition issued against you.
- We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
- If you have chosen collection for your Goods, you must collect the Goods from our premises unless agreed otherwise.
- Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 8pm, unless agreed otherwise.
- If you do not take delivery of the Goods or collect the Goods we may, at our discretion and without prejudice to any other rights:
- Store or arrange for the storage of the Goods and will charge you for all associated cost and expenses including, but not limited to, transportation, storage and insurance; and/or
- Make arrangements for the delivery of the Goods and will charge you for the cost of such redelivery
- If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
- Unless otherwise agreed in writing, completion and delivery times are a guide only and, whilst we will make every effort to adhere to proposed timescales, time is not of the essence in any contract with you. We will not be liable for any delay in delivery of the Goods that is caused by circumstance beyond our control or your failure to provide us with the adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- We will invoice you for the Goods either:
- On or at any time after the order of the Goods has been placed; or
- Where the Goods are to be collected by you, at any time after we have notified you that the Goods are ready for collection.
- We will not attempt to deliver Goods until we have received payment unless agreed otherwise or according to any credit terms agreed by us.
- Payments can be made via card payments over the telephone, by bank transfer or through the payment page on our website.
- Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- Credit facilities may be granted to applicants who satisfy our criteria as set out. Where facilities are granted we reserve the right to withdraw them at any time, without having to give our reasons and, in such as case, all outstanding invoices become due and payable immediately.
- If you have a credit account all outstanding balances must be pay within your agreed credit terms.
- We shall incur no liability for any errors not corrected by you where you have been provided with a proof. Your alterations and additional proofs necessitated thereby shall be charged extra.
Acceptance of Goods
- You must inspect the Goods on delivery or collection
- If you identify any damages or shortages, you must inform us in writing within 7 days of delivery, providing details and where possible images.
- Subject to your compliance with this clause and/or our agreement, we may, as appropriate, repair, or replace, or refund the Goods or part of them. We may also ask for the Goods or part of them to be returned to us.
- You may cancel the order prior to us sending your work to print without being charged unless we have had to in order in specific stock to fulfil your order.
- If you cancel an order after we have commenced work on it, you shall be charged the full order value or such lower amount as we may (in our sole discretion) determine.
- We reserve the rights to charge the amount of any value added tax payable whether or not included in the estimate/quote. This will be included on your invoice.
Variations in Quantity
- Every endeavour will be made to deliver the correct quantity ordered. However, some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that we shall have no liability in respect to such variations. Estimates are conditional upon margins of 5 percent for work being allowed for overs or unders the same to be charged or deducted unless otherwise agreed in writing.
- We shall not be required to print any matter which in our opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
- You shall indemnify and hold us harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
- Nothing in these Terms shall affect your consumer rights.
- Estimates are based on the current costs of production and materials and are subject to amendment by us on or at any time after acceptance to meet any rise or fall in such costs.
- We may use any artwork or printing produced by ourselves for the purpose of promoting ImprintDigital.com
- Unless otherwise specifically requested in writing any work we produce may carry our imprint which will be positioned at our discretion.
Material supplied or specified by the buyer
- Quantities of materials supplied shall be adequate to cover normal spoilage. Any costs incurred as a result of shortages, including re-starting jobs, duplicating masters etc will be charged in addition to the estimated price.
- We may reject any paper or other materials supplied or specified by you which we consider unsuitable for production.
- We shall maintain a copy of all Electronic Files provided by you to us.
- We shall not be responsible for checking the accuracy of supplied input from any Electronic File unless otherwise agreed in writing.
- Without prejudice to the clause above, if an Electronic File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action we may either reject the file or charge for any additional costs incurred in taking such corrective action in each case with prejudice to its rights to payment for work done and materials purchased.
Material & equipment supplied or specified by the seller
- Any material owned or supplied by or on behalf of us in the production of any part of the Goods shall remain our exclusive property.
- We reserve the rights to retain Electronic Files of printed materials.
- We will try our utmost to obtain the best possible colour reproduction on your work but variations are inherent in the print process and it is understood and accepted as reasonable that we can not guarantee an exact match in colour.
Circumstances beyond the control of either party
- Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
Retention of Title
- The Goods remains our property until you have paid for it and discharged all other debt owing to us.
- If you become subject to Insolvency and the Goods have not been paid for in full we may take the Goods back.
- Without prejudice to other remedies, if you become insolvent, we shall have the right not to proceed further with the contract or any other work for you and be entitled to charge for work already carried out (whether completed or not) and materials purchased for you, such charge to be an immediate debt due to you. Any unpaid invoices shall become immediately due for payment.
Law & Jurisdiction
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Variation of Terms & Conditions
- These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the website.
Updated May 2018