Terms of Sale www.hdpixelprint.co.uk
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.hdpixelprint.co.uk (“our site”) to you. Please take your time and read these terms and conditions carefully before ordering any Products from our site. You are required to understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please also note that we limit our liability in paragraph 15 below.
1. YOUR STATUS
By placing an order through our site, you accept that:
1.1 You are legally capable of entering into binding contracts; and
1.2 You are at least 18 years of age
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 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 this is called your “Order Confirmation”. We are sorry, but we are unable to issue an Order Confirmation until 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 altered without our prior written consent.
2.2 As the Products are 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.
2.3 If you intend to pay by cheque, the order will not begin to be processed until the money has fully cleared into our account. This process usually takes 3-5 days from the date that we receive the cheque.
Please note: Cheques must be made payable to HD Pixel Design.
3. USE OF OUR DESIGNS
3.1 All the designs on our site are owned by or licensed to us. Please do not use the designs on any product intended for sale or resale by you.
4. MATERIAL AND INFORMATION PROVIDED BY YOU
4.1 You must please comply with the content standards set out in our acceptable use policy whenever you make use of a feature that allows you to upload material to our site. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
4.2 As well as complying with our acceptable use policy, you also agree that all material uploaded by you onto our site will be done at your own risk. We, please ask you to retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which just so happens to be lost or damaged during or after using the uploading process.
4.3 Failure to follow our site’s preparatory instructions for uploading your material may result in poor quality Products. We accept no responsibility for poor quality Products under these circumstances.
4.4 You must not upload any material that will breach any third party rights to such material unless you have their express consent; otherwise, you may be held liable. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes in a violation of their rights.
4.5 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 meet the content standards set out in our acceptable use policy referred to at paragraph 5.1. You will then be entitled to a full refund of any sums already paid for any order we do not fulfil because of this.
4.6 You must agree only to provide the use of someone else’s personal information if they have given you express consent to use it in regards to the Products you have ordered.
4.8 We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that can be uploaded. We may delete material stored by us which is inactive for an extended period of time without reference to you. We may change our limits and policies at any time, in our sole discretion, with or without notice to you. This is only to the extent that we are permitted to do so by law, we may delete your material stored by us at any time.
5.1 Before we produce the Products, we make an electronic proof of the Product available for your approval. You are solely responsible for approving these proofs. It would be best if you accepted that once you have approved the proof, the Products cannot be then changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you, so please check carefully.
5.2 Your statutory rights are not affected by these terms and conditions.
6. AVAILABILITY AND DELIVERY
6.1 Unless there are unforeseen circumstances, your Products will be dispatched for delivery in accordance with the delivery service you have chosen during the ordering process:
6.1.1 Standard €“ we aim to dispatch your order within 4 working days from the date of the Order Confirmation for orders made up of under 5000 individual parts, on occasion orders over 5000 individual parts can take 1 or 2 extra working days to be dispatched;
6.2 Working days are Monday to Friday and are excluding UK Bank Holidays.
6.3 An individual part is classed as a product that stands alone that may be sold in packages, for example; in 1000, letterheads an individual part would be 1 letterhead.
6.4 Where delivery is delayed due to unavoidable circumstances, we will aim to complete the work as soon as we reasonably can and will always do our best to avoid disappointment.
6.5 Where delivery is not going to be possible as a result of us being provided with incorrect delivery address information, our delivery service will return the Products to us. We then reserve the right to make an additional delivery charge to you for re-dispatch of the Products to the corrected delivery address.
6.6 All products must be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is then not delivered to the intended recipient, we will incur no liability provided that the parcel was delivered to the address provided by the initial purchaser.
7.1 You must please notify us within 30 days of any failure on our part to deliver the Products so that we can investigate the failure and then proceed with the appropriate action.
7.2 You must be aware that the earliest date we can claim against DPD for non-delivery is 15 working days from the date of dispatch. Please note: we cannot process a reprint before this time. You should notify us by any means necessary if your goods have not arrived after 15 working days.
7.3 Once you have notified us of the situation in accordance with paragraph 7.2, we will then send you a form to complete and return to us. Once the form has been received, we will then redeliver your Products to you, at no further expense.
8.1 All reasonable endeavours will be made to ensure we deliver the correct quantity of Products ordered by you.
8.2 You must be aware and accept that variations in respect of quantities are inherent within the printing industry.
8.3 Our liability in respect of shortages are as follows:
Quantities No credit awarded Refund calculated on a pro-rate basis Missing items replaced
25-100 Shortage of up to 5% Shortage of between 6% to 20% inclusive Shortage of 21% and over
101-1000 Shortage of up to 5% Shortage of between 6% to 7% inclusive Shortage of 8% and over
1001-5000 Shortage of up to 3% Shortage of between 4% to 7% inclusive Shortage of 8% and over
5001&over Shortage of up to 2% Shortage of between 3% to 4% inclusive Shortage of 5% and over
8.4 All overprints that are delivered to you may be kept at no additional cost.
9.1 You acknowledge and accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware setups are such that we cannot always guarantee that the Product colours will match those that you may see displayed on your computer screen during the ordering process.
10. RISK AND TITLE
10.1 Please be advised the Products will be at your risk from the time of delivery.
10.2 Ownership of the delivered Products will pass to you on delivery.
11. PRICE AND PAYMENT
11.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
11.2 Prices are liable to change at any time, but changes will not affect orders that have already been processed and had order confirmations sent out to you.
11.3 We do not store any of your credit or debit card data.
12. OUR REPLACEMENT POLICY
12.1 If you believe that a Product is defective, we may request that you return the product for our examination or supply us with a photo and description detailing any issues.
12.2 Our liability in respect of misprints are as follows;
Quantities No credit awarded Refund calculated on a pro-rate basis Defective items replaced
25-100 Misprints of up to 5% Misprints of between 6% to 20% inclusive Misprints of 21% and over
101-1000 Misprints of up to 5% Misprints of between 6% to 7% inclusive Misprints of 8% and over
1001-5000 Misprints of up to 3% Misprints of between 4% to 7% inclusive Misprints of 8% and over
5001&over Misprints of up to 2% Misprints of between 3% to 4% inclusive Misprints of 5% and over
13.1 You have 30 days from the date of dispatch to claim for damage, shortages or non-delivery and we must be advised by phone or email within that 30 days time limit starting from the date that the Products were despatched.
13.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 14.1 except where you may demonstrate to our reasonable satisfaction that you couldn’t comply with this requirement and that your claim was made by you as soon as reasonably possible thereon after.
14. OUR LIABILITY
14.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of the Product listed (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; or
14.2.4 For any matter for which we would also be illegal for us to exclude, or attempt to exclude our liability.
14.3 Whether any of these are caused by our negligence, breach of contract or breach of duty; we exclude all liability for:
14.3.1 Any direct loss of revenue or earnings, loss of business, loss of contracts or profits, loss of data or anticipated savings, waste of management or office time; or
14.3.2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
15.1 You must advise us of any claims for damage, shortages or non-delivery by any means necessary within the 30 days time limit from the date that the Products were despatched.
15.2 We shall not be liable in respect of any claim unless we have been notified in accordance with paragraph 14.1 except where you demonstrate to our reasonable satisfaction that you were unable to comply with this requirement and a claim was made by you as soon as reasonably possible thereon after.
16. WRITTEN COMMUNICATIONS
16.1 When using our site, you must accept that communication with us will be by electronic means only. We will contact you by using the e-mail address you supplied when registering your account. We may provide you with information by posting notices on our site. For contractual purposes, you must agree to this electronic means of communication and that you are aware that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications should be in writing.
17.1 You must give notice to www.hdpixelprint.co.uk either at its registered office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing your order, or in the way specified in paragraph 16. All notices will be deemed received and properly served:
17.1.1 Within 1 working day when given electronically; and
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 our respective successors and assigns.
18.2 Without our prior written consent; You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
18.3 We may transfer, charge, assign, 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.
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 due to events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, 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 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 Impossibility of the use of public or private telecommunications networks; and
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 Force Majeure 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 paragraph 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 before such Contract except as expressly stated within 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, before 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 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 certain 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, that is unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. LAW AND JURISDICTION
The laws of England and Wales will govern 24.1 Contracts for the purchase of Products through our site. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.