TERMS & CONDITIONS
Terms of Sale - www.smoothprint.co.uk
Smooth Print terms and conditions provide an outline in which we supply any of the products listed on our website www.smoothprint.co.uk to you. Please read these terms and conditions carefully 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.
1. INFORMATION ABOUT US
Smooth Print is registered in England and Wales under company number 08797590 and our registered office address is
Unit 2 Victoria Street, Middlesbrough. TS1 5QZ.
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the "Order Confirmation"). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us ("Contract") will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
3.2 As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order.
We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or mis-scription and any resulting loss.
5. PASSING OF TITLE AND RISK
5.1 The risk in the goods shall pass to you on delivery.
5.2 All goods, delivered or not, remain our property until payment is received in full.
5.3 Until such time as payment is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove the same. You hereby grant us an irrevocable licence to enter your premises for the said purposes
6.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
7. MATERIAL AND INFORMATION PROVIDED BY YOU
7.1 Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out in our acceptable use policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
7.2 In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our site will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
7.3 Failure to follow our site's preparatory instructions for uploading your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
7.4 You must not upload any material that will breach any third party rights to such material unless you have their express consent. 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 rights.
7.5 We have the right to remove any material uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content standards. You will receive a full refund of any sums already paid for an order we do not fulfil.
7.6 You agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Products you have ordered.
7.8 We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that may be uploaded. We may delete your material stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time.
8. AVAILABILITY AND DELIVERY
8.1 Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process:
8.1.1 Standard - we aim to despatch within 1 working day from the date of the Order Confirmation for orders made up of under 5000 individual parts, occasionally orders over 5000 individual parts will take 1 extra working day to be despatched;
8.2 Working days are Monday to Friday, excluding UK Bank Holidays.
8.3 An individual part is classes as a stand-alone product that may be sold in packages, (e.g. in 1000 letterheads an individual part is 1 letterhead)
8.4 Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
8.5 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address.
8.6 All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient will incur no liability provided that parcel was delivered to the address provided by the purchaser.
9.1 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. RISK AND TITLE
10.1 The Products will be at your risk from the time of delivery.
10.2 Ownership of the Products will pass to you on delivery.
11.1 Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3 We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
11.4 Nothing in these terms and conditions shall affect the rights of a consumer.
12.1 We Reserve the right to rectify defective work by reprinting and shall not be liable to refund.
12.2 Smooth Print will credit your account if we deem a refund should be made
12.3 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
12.4 If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from you.
12.5 All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
12.6 Refunds will take 3 to 4 working days to complete once Smooth Print has agreed to refund. This cannot be completed any faster.
12.7 CANCELLATION CHARGES any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the responsible party.
15. ARTWORK AND PRINTING
15.5 Once your design project is initiated and any preliminary artwork has been created by Smooth Print, all retainer payments made by you become non-refundable.
15.6 Once you have placed your order, you have 1 hour to make changes to the artwork you have supplied, after this time you will become liable to charges if you need to amend or supply new artwork.
15.7 We only quote for one design per kind, any additional are chargeable.
15.8 We will print the order before payment has been made, unless otherwise specified by Smooth Print
16.1 If we have not been given printing approval after 14 days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
16.2 Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied Lamination or Varnish.
16.3 Please read thoroughly as all proofs, once passed, are deemed correct and ready to go to print, and the responsibility passes to the customer.
You will need to view all PDF proofs at 100% to see the exact size of your product when printed.
We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout. We will not commence print until we have received a copy of the final proof with a written confirmation to go to print by email.
16.4 Proofs are NOT supplied as standard. Proofs must be requested by the person ordering at the time of ordering in writing, verbal confirmation will not be accepted.
17. WRITTEN COMMUNICATIONS
17.1 When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. 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.
Complaints must be made within 48hours of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The Contract is binding on you and us and on our respective successors and assigns.
19.2 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.
19.3 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.
20. EVENTS OUTSIDE OUR CONTROL
20.1 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).
20.2 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:
20.2.1 Strikes, lock-outs or other industrial action;
20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
20.2.5 Impossibility of the use of public or private telecommunications networks; and
20.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
20.3 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.
21.1 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.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
21.3 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.
22. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
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 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 Order 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
25.1 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 non-exclusive jurisdiction of the courts of England and Wales
VAT Registration no: 261 0305 53