Terms & Conditions Of Sale
This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products (“Products”) listed on our website www.thefoilprintingco.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability in section 14.
1. INFORMATION ABOUT US
1.1 - Our site is operated by Aura Print (UK) Ltd (“we/us/our”). We are registered in England and Wales under company number 6040754 and our registered office is Floor 2, Turnbridge Mills, Quay Street, Huddersfield, West Yorkshire HD1 6QT. Our VAT registration number is 897989214.
2. YOUR STATUS
2.1 - By placing an order through our site you warrant that:
2.1.1 - you are legally capable of entering into binding contracts;
2.1.2 - you are at least 18 years old.
2.2 - If you are placing an order through our site on behalf of a business, you warrant that you have the necessary authority from that business to place the order.
2.3 - You agree only to provide a third party’s personal information if they have given you express consent to use it in respect of the Products you have ordered.
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 be made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once we have begun carrying out the contract i.e. we have confirmed your order in writing (by email). Once artwork has been uploaded, our automatic processes may make it impossible to cancel your order. If it is possible to make changes, a minimum charge of £15+VAT will be applied or we shall be entitled to make additional charges on a time and materials basis to cover such additional work already carried out.
3.3 - We take payment at the time that you place an order with us. If you are making payment to us by any other agreed method, the order will not be processed until the payment has cleared in full into our account. This will usually be 3-5 days from the date that you send the payment but will be dependent on the payment type. You will then receive the Order Confirmation from us.
4. MATERIAL AND INFORMATION PROVIDED BY YOU
4.1 - Whenever you make use of a feature that allows you to upload material to our site (“Your Material”) you must comply with the content standards set out in sections 4.2 and 4.3 below (“Content Standards”). If Your Material does not comply with those Content Standards, you shall indemnify us for any losses, damages, claims and other expenses we may incur as a result of such breach.
4.2 - Your Material must:
4.2.1 - be accurate (where it states facts);
4.2.2 - be genuinely held (where it states opinions);
4.2.3 - comply with the law applicable in England and Wales and in any country from which it is uploaded.
4.3 - Your Material must not:
4.3.1 - be defamatory of any person;
4.3.2 - be obscene, offensive, hateful or inflammatory;
4.3.3 - promote sexually explicit material;
4.3.4 - promote violence;
4.3.5 - promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.3.6 - infringe any intellectual property rights of any third party. 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 intellectual property rights;
4.3.7 - be likely to deceive any person;
4.3.8 - breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.3.9 - promote any illegal activity;
4.3.10 - be in contempt of court;
4.3.11 - be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.3.12 - be likely to harass, upset, embarrass, alarm or annoy any other person;
4.3.13 - impersonate any person, or misrepresent your identity or affiliation with any person;
4.3.14 - advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
4.3.15 - contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism.
4.4 - We reserve 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, less any administration charge or any additional charges on a time and materials basis applied to cover such additional work already carried out.
4.5 - We reserve the right to refuse to print any matter which in our opinion may be prejudicial or detrimental to the good of Us and/or our agents.
4.6 - In addition to complying with the Content Standards, you agree that all of Your Material uploaded by you onto our site will be done at your own risk. You must retain a copy of Your Material that you upload. We expressly exclude all liability for any uploaded Your Material which is lost or damaged during or after the uploading process.
4.7 - 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. See the appropriate Artwork Guide for further guidance and advice in respect of the product you are ordering.
4.8 - You must not upload any material that will breach any third party rights to such material unless you have the express consent of the third party. 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.
4.9 - 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.
4.11 - 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.
4.12 - We reserve the right to reject any paper or other materials supplied or specified by you which we
consider to be unsuitable. Additional costs incurred if materials are found to be unsuitable during
production may be charged except that if the whole or any part of such additional cost could have
been avoided but for unreasonable delay by us in ascertaining the unsuitability of the materials:
4.12.1 - we shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by you.
4.12.2 - we shall assume that quantities of materials supplied shall be adequate to cover normal spoilage. If the quantities supplied are not sufficient to cover normal spoilage then we shall have no liability for any shortfall in quantity.
4.13 The suitability of products for the purpose intended rests solely with the customer and we accept no responsibility for any losses howsoever caused.
5. ARTWORK, ELECTRONIC FILES AND PROOFS
5.1 - Prior to producing the Products, we offer the facility to produce an electronic proof of the Product for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
5.2 - Should you choose not to receive a proof, we shall have no liability to you for any errors in the Product subsequently discovered by you.
5.3 - Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, we shall be entitled to make additional charges on a time and materials basis to cover such additional work.
5.4 - Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Our discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
5.5 - We reserve the right to retain printed copies of work provided for display and marketing purposes.
5.6 - Your statutory rights are not affected by these terms and conditions.
6.1 Unless negotiated and agreed in writing, the copyright of any artwork and anything else whatsoever prepared, developed or created by Us shall vest in and belong to Us. We may use any artwork or printing produced by ourselves for the purposes of promoting ourselves.
7. PRODUCTION AND DELIVERY
7.1 Production shall be deemed to begin when the following conditions are met:
7.1.1 - if you have chosen to receive a proof - payment has been made, the order has been confirmed, the artwork has been uploaded and accepted and the proof has been approved;
7.1.2 - if you have chosen not to receive a proof - payment has been made, the order has been confirmed, the artwork has been uploaded and accepted.
7.1.3 - If these events take place after 1 pm on a production day, production will be deemed to begin on the next production day.
7.2 - Please note larger quantities and items that require complex finishing (eg: folding, creasing, binding, stitching, and die-cutting) may require longer production time.
7.3 - Working days are Monday to Friday, excluding UK Bank Holidays.
7.4 - Unless there are exceptional circumstances, your Products will be dispatched for delivery on the last production day in accordance with the production service chosen by you during the ordering process.
7.5 - The responsibility for the collection and or delivery of Products lies with the customer. Any carriage arranged by Us is on the customer’s behalf and the printer is not liable for any delays arising out of that carriage.
7.6 - All Products will require a signature upon delivery. If anyone other than the intended recipient signs for the Product and the Product is subsequently not delivered to the intended recipient, we will incur no liability provided that the Product was delivered to the address provided by the purchaser.
7.7 - Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for.
7.8 An individual part is classed as a stand-alone product that may be sold in packages (e.g. in 250 leaflets an individual part is 1 leaflet). We endeavour to deliver all parts to you in one package, but from time to time we may be unable to do so. In that circumstance, we will update you by email and will arrange for separate deliveries.
7.9 Where production or delivery is delayed due to exceptional circumstances or a Force Majeure Event (please see section 19 below), we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.
7.10 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 and we will hold these for 10 working days. We reserve the right to make an additional delivery charge for re-dispatch of the Products to the correct delivery address. If you have not contacted us regarding re-dispatch within 10 working days we may, at our sole discretion, recycle or dispose of the products and you will need to place a new order with us if the Products are still required.
7.11 Delivery to temporary addresses such as hotels, exhibition and conference centres etc. is entirely at the risk of the customer.
8.1 You must notify us in writing or by email at firstname.lastname@example.org within 14 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. If you notify us after 14 days, section 15.2 below shall apply.
8.2 The earliest date we can claim against the courier for non-delivery is 15 working days from the date of dispatch. We cannot process a reprint or refund before this time.
8.3 Once you have notified us in accordance with sections 8.1 and 8.2, we will send you a form to complete and return to us. Once the form is received we will either redeliver Products (or re-printed Products) to you at no further cost or expense to you or offer a refund. If the original Products are not able to be located, it will be at our sole discretion whether we re-print and re-deliver the Products or offer a refund.
9.1 - All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
9.2 - You acknowledge that variations in respect of quantities are inherent within the printing industry.
9.3 - Our liability in respect of shortages are as follows:
9.3.1 - For shortages of up to 5% no credit will be awarded. For shortages of 6% and over either the missing quantities will be replaced or a refund calculated on a pro-rata basis. It will be at our sole discretion whether missing quantities are replaced or a pro-rata refund is offered.
9.4 - All overages may be kept by you at no additional cost.
10.1 - The images of Products and template designs on our site are for illustrative purposes only.
10.2 - You accept that colour variation is 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.
10.3 - Due to the nature of the printing process, we shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied.
10.4 - You accept that there are production tolerances within the printing and print finishing processes:
10.4.1 - for standard flat Products such as business cards, leaflets and letterheads, our tolerance on trimming is 1mm;
10.4.2 - for a folded leaflet and/or booklet, our tolerance is 1.5mm from the fold line as marked on your proof;
10.4.3 - for a perforated Product, our tolerance is 1.5mm from the point indicated on the proof;
10.4.4 - for Products with drilled holes, our tolerance is 1.5mm from the point indicated on the proof;
10.4.5 - for foiled products, our tolerance on registration to print and trimming is 1mm;
10.4.6 - for duplexed (glued) products, our tolerance on the front to back registration and trimming is 1.5mm.
10.5 - Pantone spot colour matches cannot be produced using the full-colour process.
10.6 - Any proof copies issued by us are NOT colour accurate and are issued for content checking only.
10.7 - The packaging of your Products may vary from that shown on images on our site.
11. RISK AND TITLE
11.1 - The Products will be at your risk from the time of delivery.
11.2 - Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
12.1 - The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error. Your order will be cancelled and we will refund any sums you have paid in respect of that order.
12.2 - These prices do not include VAT and delivery costs, which will be added to the total amount due as set out in the Basket section of the online ordering process. We reserve the right to charge the amount of any taxes, value-added tax, duties or royalties etc. which are payable whether or not included in any estimate.
12.3 - Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation, except in cases of obvious error.
12.4 - All work carried out, whether experimentally or otherwise, at the customer’s request shall be charged.
12.5 - Third-party credit card companies will be entitled to store any credit or debit card data if you choose that option when you place your order.
12.6 - Where we have agreed to credit terms with a customer, we reserve the right to charge interest on the overdue debt (invoices not settled within the agreed credit terms) at 2% above the Bank of England base rate at the time and an administration fee to cover our debt recovery costs.
12.7 - In the event of a credit customer becoming unable to service its debts in the ordinary course of
business or due to insolvency or has a winding-up petition issued against it or, being a person, has
a bankruptcy petition issued against it, without prejudice to other remedies we shall:
12.7.1 - have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate due debt;
12.7.2 - in respect of all unpaid debts due from the customer have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price we think fit and to apply the proceeds towards such debts.
12.8 - All quotes are valid for 14 days from the date specified on the quote.
12.9 - Voucher codes and/or discount codes cannot be used against a quote.
13. OUR REPLACEMENT POLICY
13.1 - If you believe that a Product is defective, we may request that you return the product for our examination.
13.2 - Our liability in respect of misprints are as follows:
13.2.1 - For misprints of up to 5% no credit will be awarded. For misprints of 6% and over either the defective quantities will be replaced or a refund calculated on a pro-rata basis. It will be at our sole discretion whether defective quantities are replaced or a pro-rata refund is offered.
14. OUR LIABILITY
14.1 - Subject to section 14.2 below, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
14.2 - We do not exclude or limit in any way our liability:
14.2.1 - for death or personal injury caused by our negligence;
14.2.2 - under section 2(3) of the Consumer Protection Act 1987;
14.2.3 - for fraud or fraudulent misrepresentation;
14.2.4 - for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
14.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
14.3.1 - any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time;
14.3.2 - any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
14.4 - Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15.1 - Claims for damage, shortages or non-delivery must be advised in writing or by email to email@example.com within 14 days from the date that the Products were dispatched.
15.2 - We shall not be liable in respect of any claim unless we are notified in accordance with section 15.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
15.3 - We may ask you to send us photographic evidence and a number of samples showing any damage or defects. If you believe that a Product is defective, we may request that you return the product for our examination. You agree to retain the Product for 30 days after receipt for the purposes of inspection by ourselves or our agents or representatives.
16. WRITTEN COMMUNICATIONS
17.1 - You must give notice to Aura Print (UK) Ltd either at its registered office by registered post at your cost, or via email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in section 16. Notice will be deemed received and properly served:
17.1.1 - within 1 working day when given electronically;
17.1.2 - 3 working days after the date of posting of any letter when served by post.
17.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 - The Contract is binding on you and us and on our respective successors and assigns.
18.2 - 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.
18.3 - 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.
18.4 - The Contract is between you and us. No other person has any rights to enforce any of its terms.
19. EVENTS OUTSIDE OUR CONTROL
19.1 - 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”).
19.2 - 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:
19.2.1 - strikes, lock-outs or other industrial action;
19.2.2 - civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 - fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
19.2.4 - the impossibility of the use of means of public or private transport;
19.2.5 - the impossibility of the use of public or private telecommunications networks;
19.2.6 - the acts, decrees, legislation, regulations or restrictions of any government.
19.3 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 ForceMajeure Event.
20.1 - 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.
20.2 - A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 - 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 section 17 above.
21.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
22.1 - These Terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 - We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 - Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 - We reserve the right to revise and amend these terms and conditions from time to time without notice.
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 5 working days of receipt by you of the Products).
24. LAW AND JURISDICTION
24.1 - 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 exclusive jurisdiction of the courts of England and Wales.
25.1 - If you have any queries about these Terms & Conditions, or any other aspect of our website, or you have a complaint, please email us at email@example.com.