THE CONTRACT BETWEEN US
1.1 This website is operated and maintained by Colour Proofing, part of d50 Colour Ltd (the “Company” or “we” or “us”) a partnership registered in the UK. The Company is registered in England under company number 6445553 with its address at Pickering YO18 8DB.
1.2 Please read these terms and conditions carefully as they set out the rules for how we run the website and supply the goods which you may purchase through this website. By clicking the “Accept” button you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
1.3 We reserve the rights to change the contents of this website, including these terms and conditions at any time without notice, by posting such changes on the website. It is your responsibility to familiarise yourself with the terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised terms and conditions.
If you do not accept these terms and conditions, you may not use this website.
TERMS AND CONDITIONS
These terms and conditions govern your use of the ‘colour proof’ service offered via this website (“Service”) and all orders placed by you for proofs based on the content advertised on this website (“Products”).
3.1 All orders placed by you through our website will be subject to these terms and conditions.
3.2 All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).
3.3 We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the Products has been received, we will confirm that your order has been accepted.
3.4 Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.
3.5 If there are any problems with your order, you will be contacted by a member of the customer services team.
4.1 All proofs will be produced to the relative standard as requested.
4.2 Proofs will be checked using the relative mediawedge and certified “Passed” within the Fogra tolerances. Further information can be found at http://www.fogra.org
PRICE AND PAYMENT
5.1 The price for the Products that you order will be the price quoted on the website at the date the order is received.
5.2 Please note that we only accept payment in GBP sterling. If you purchase Products using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.
5.3 All prices exclude VAT.
5.4 Prices exclude delivery. Delivery will be added by our automated pricing system and visible before placing order.
5.5 Payments must be made by credit or debit card (please see the relevant part of the website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the Products you order.
5.6 You may be subject to validation checks and/or third party authorisations depending on your method of payment.
6.1 The Company aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 5 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.
6.2 All deliveries must be signed for (please ensure that the Products delivered match the driver’s paperwork and that the Products are undamaged) and you should keep your delivery note and packaging. You are required to notify customer services at email@example.com or 0845 475 6003 within 14 days if any Products are missing or damaged on delivery. Please refer to paragraph 9.2 below.
6.3 Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.
6.4 It is your responsibility to ascertain and obey all applicable local, state, federal and international laws .
YOUR RIGHT TO CANCEL
7.1 As all products are bespoke and we try to print and deliver as quickly as possible you must contact us as soon as possible if you wish to cancel your order. To do this you must notify us by telephone (0845 475 6003) or by sending an email to firstname.lastname@example.org.
7.2 Where you successfully cancel an order in accordance with the procedures at paragraph 7.1 we will (at your request) refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase. If we have already worked on your order a relevant amount will be charged to cover our work.
CANCELLATION BY US
8.1 We reserve the right to cancel any order (or any part of the order) if for any reason:
8.1.1 the Products ordered by you are no longer available;
8.1.2 the Products are withdrawn from our Service;
8.1.3 the Products cannot be supplied to you in the country where you reside;
in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
8.2 We endeavour to make sure that all prices advertised on the website are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.
8.3 We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
8.4 We may terminate or suspend your use of and registration on this website at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.
8.5 We reserve the right to modify, suspend or discontinue this website, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
8.6 You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this website, the Service or any Products.
LIMITED EXPRESS WARRANTY FOR DEFECTIVE PRODUCTS
9.1 All Products supplied by us will be free from material defects and be of a satisfactory quality.
9.2 If the Products are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem within 14 days from the date of delivery by email at email@example.com or by telephone on 0845 475 6003.
9.3 If you notify a problem to us we will:
9.3.1 make good any shortage or non-delivery; or
9.3.2 replace any Products that are materially defective or damaged; or
9.3.3 where Products cannot be made good or replaced, refund you the amount paid by you for the Products in question. Refunds will be credited to the payment method used to make the original purchase.
9.4 We ask that you return the damaged or faulty Products to us and we will reimburse your postage costs provided you send to us your supporting receipts.
9.5 The remedies set out at paragraph 9.3 constitute your only remedies, and our sole and exclusive obligations to you, with respect to any damaged or faulty Products. For the avoidance of doubt, we shall have no such obligation to you if any of the conditions set out at paragraphs 10.2 or 10.3 apply.
9.6 EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS WEBSITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS WEBSITE, THE SERVICE OR THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE, THE SERVICE OR THE PRODUCTS.
10.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE SERVICE AND/OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE PRODUCTS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
10.2 The information contained in the website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.
10.3 The Company shall be under no liability in respect of any defect in the Products arising from your failure to follow instructions when ordering of the Products via the website, your use of the Products or your misuse or alteration of the Products.
10.4 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other rights, that vary from country to country and from state to state.
10.5 The Company will not be responsible for the inability of any printer to match proofs provided by the Company.
USE OF THE PRODUCTS AND OTHER RIGHTS AND RESTRICTIONS
11.1 We are authorised to produce, distribute and sell the Products. The Company retains all rights, title and interest in and to this website, the Service and the Products including all design, text, images, photographs, still pictures, illustrations, artwork, graphic material and other copyrightable or otherwise legally protectible elements contained therein, together with the selection, sequence, “look and feel” and arrangements of this website.
11.2 This website, the Service and the Products are protected by intellectual property laws and your use is subject to the following conditions:
11.2.1 you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this website, the Service, the Products or any part thereof; and
11.2.2 you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this website.
11.3 You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.
11.4 The trade marks, service marks, graphics and logos used in connection with this website and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
11.5 All rights not expressly granted herein are reserved.
12.1 You shall not breach or attempt to breach the security of this website or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.
12.2 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.
12.3 The website may host reviews, feedback and comments from customer. Any electronic communications and / or content you send to this website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or “spam”.
12.4 When dealing with this website you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.
12.5 Unauthorised use of this website may give rise to a claim for damages and / or be a criminal offence.
13.1 You are personally liable for any orders that you place and charges that you incur.
13.2 You should notify us immediately if you become aware of any unauthorised access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
13.3 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this website or the Service (“Registration Data”). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this website and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the website.
13.4 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.
DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
We may provide links to certain third party websites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
NOTICES AND CORRESPONDENCE
Unless otherwise expressly stated in these terms and conditions, all notices and other forms of communication from you to us must be in writing and sent to our address at Unit 3 Ropery House, The Ropery, Pickering, North Yorkshire YO18 8DY; or by email to firstname.lastname@example.org. All notices from us to you will be displayed on our website from time to time.
EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
17.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
17.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
GOVERNING LAW AND JURISDICTION
21.1 The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
21.2 Any claim or cause of action against the Company arising out of or related to use of this Website, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must follow the “unsubscribe” route attached.
TRADE & CREDIT ACCOUNTS
Trade accounts are offered at the discretion of Colour Proofing and can be terminated by Colour Proofing at any time. Any discounts offered are on the condition that payment is received within 30 days of date of invoice. Overdue payments will be charged at full pre-discount prices. We reserve the right to charge interest on overdue payments as per Government Guidelines.
This website is intended for residents of the United Kingdom. The Company makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.