General Terms and Conditions for PrintFX.co.uk
Last updated: 7th September 2020
For purposes of these terms and conditions, the following terms shall have the meanings as set out below:
Account: The customer’s account, this is data held on the customer (address, contact information, order history, artwork history).
Business Customer: Any person acting for purposes relating to that person’s trade, business, craft or profession whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
Consumer: Any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
Customers: Either a business customer or a consumer who uses the service of PrintFX.
Customised Products: Products which are personalised in accordance with the customer’s specification.
Order: The order for the products or services made by the customer forming the contract between the customer and PrintFX
Order Confirmation: Communication sent out by PrintFX to the customer confirming PrintFX’s acceptance of the relevant order.
Paper Proof: A digital print-out of the print-ready data converted for the print run, created according to the quality standards to DIN ISO 12647.
Screen Proof: Digital print preview of the print-ready data converted for the print run, giving a colour-close simulation of the subsequent print result.
Printing Data/Artwork: The data or artwork information supplied by the customer relating to the form of customisation or personalization of printed products or services.
Products: The print products or any other goods that are sold or made available by PrintFX.
Services: Performance by PrintFX of all kinds including the provision of and supply of products.
Working Days: This is defined as Monday to Friday 9 am-4 pm, excluding weekends and public holidays.
Website: All the internet sites on which PrintFX offers its services or products, in particular, the internet sites accessible through PrintFX.co.uk.
TERMS AND CONDITIONS:
1.) Printfx.co.uk, specialises in producing custom printed materials (such as flyers, postcards, posters, etc.) for its customers.
2.) These general terms and conditions shall apply to all orders for the production of printed material concluded via our website, email, facebook or in person or any other means to supply custom printed products.
3.) These general terms and conditions shall apply to all transactions to all users/customers of PrintFX Services. These terms and conditions are the current terms and conditions if we direct you in previous or current communication the live terms and conditions can be viewed at www.printfx.co.uk
4.) Please read these terms and conditions carefully before placing an order. By ordering any of PrintFX products or services you agree to be bound by these terms and conditions.
5.) Receipt of products or services from PrintFX is conditional on permanent registration to PrintFX. Registration involves providing data to us for this purpose. (Name, Invoice Address, Telephone, Email, Delivery Address(s).
6.) PrintFX shall be entitled to reject registration in its absolute discretion, without providing a reason.
7.) Communication with the customer is conducted mainly by email. The customer must therefore ensure that emails can be received. Customer must provide a valid email address when or before any order is placed, and must inform PrintFX immediately of any change to their email address. PrintFX is not responsible for customers failure to receive communication from PrintFX.
8.) PrintFX shall be entitled to collect and pass information (including any personal information) to credit reference agencies for the purpose of verifying the customer’s creditworthiness and reporting any failure to pay sums due under the contract in accordance with the terms of the contract. Credit reference agencies may also keep a record of searches conducted against the customer. By agreeing to these terms you consent to such credit checks.
9.) To place a binding order, the customer first makes contact with PrintFX by any communication method including via the ecommerce section of the PrintFX website – and confirms they wish to order.
10.) Once artwork approval has been confirmed, the customer confirms they have read, understood and accept these terms and conditions prior to purchase.
11.) The customer is entitled to cancel the order anytime before artwork approval has taken place. The cancellation terms can be found on the PrintFX website, of which are a subsection of these terms and conditions.
12.) The customer can request copies of invoices in digital format. If required in a printed format then a reasonable charge may be sought from the customer to cover the print cost and delivery.
13.) Services of PrintFX – the description of the services due from PrintFX is set out in communication and on our website.
14.) Offset printing shall be produced according to the standardisation for offset printing with process colours developed by Forschungsinstitut der grafischen Industrie (FOGRA) jointly with Bundesverband Fur Druck Und Medien (BDVM), set out in DIN ISO 12647, the following tolerances will apply: 1mm for waste, 1mm for folding and 1mm for binding.
15.) Minor colour variations may occur between sample and order and between orders.
16.) From time to time PrintFX switches its own supplies. This may result in minor variations of the products shall not be regarded as defects.
17.) The order may not be changed from artwork approval. PrintFX shall not accept any changes after this time.
18.) PrintFX shall carry out all printing orders exclusively on the basis of the printing data. The printing data is to be provided in the formats and in accordance with the specifications set on a per-product basis. If different data formats or specifications are used, there is no guarantee of error-free printing. The customer shall ensure that it keeps copies of the printing data, as PrintFX may not keep copies of the data after completion of the print run.
19.) The customer undertakes not to send PrintFX any content that is pornographic, rightwing or leftwing extremist, racist, discriminatory or content that is liable to corrupt the young, glorifies violence, defamatory infringes third party rights or otherwise is a breach of the laws of the UK. If the customer breaches this obligation, PrintFX shall be entitled to terminate the contract without notice. The foregoing shall apply without prejudice to any other rights and remedies of PrintFX.
20.) The customer shall carefully check the printing data before sending it or approving artwork to ensure it is suitable for the printing order to be carried out and that it meets the requirements per product.
21.) PrintFX shall check the printing data only to the extent indicated in the information provided by PrintFX in the order placement process and to that extent only. PrintFX shall notify the customer of any deficiencies it detects in the printing data. As such we will request revisions of the artwork, including further artwork approval before proceeding further.
22.) PrintFX may (but not obliged to) make minor changes to correct the deficiency in artwork as it considers necessary and then proceeds with the printing.
23.) PrintFX undertakes no other checking of printing data. The customer acknowledges that it bears the risk of any defects in the printed material due to errors in the printing data and PrintFX will have no liability in respect of the same.
24.) PrintFX may, but will not be obliged to, check the contents of printing data to detect any infringement of the prohibition as already mentioned in these terms and conditions.
25.) Conversion, colour mode when using own printing data – PrintFX shall have no duty to convert printing data from any other format than the agreed formats. If the parties in any individual case, nevertheless agree on such conversion, the conversion shall be performed at the customer’s own risk. The customer acknowledges that conversions give rise to the general risk of data being lost as a result of the conversion process or being presented differently from the original format.
26.) PrintFX can convert print data not sent in CMYK mode, but such conversion will be at the customer’s risk. Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original and again, liability for these deviations will lie solely with the customer.
27.) The customer can select paper proofs and/or screen proofs (proofs) can be created for an additional charge. The print image of a paper proof prepared in digital printing contains minor variations from the printed material to be produced in offset printing, because of the different printing technology. This applies, even more, to screen proofs, because of the screen display. PrintFX nevertheless strives to create proofs as close as possible to the original.
28.) In order to avoid delayed delivery, the customer must confirmed artwork approval for printing as soon as the proof has been delivered, unless there are errors. In giving approval, the customer confirms the printing data incorporated in the proof, subject to the agreed quality standard, tolerances and colour variations.
29.) If the customer rejects the proof, it must send revised printing data to PrintFX. In this case, the production schedule shall recommence from receipt of the revised artwork data and revised artwork data approval.
30.) The prices of the products and/or services provided by PrintFX will be as quoted for in communication or on the website, except in cases of obvious error and will be confirmed in the order confirmation together with any agreed amendments and supplements to the order.
31.) PrintFX reserves the right to alter its price from time to time, but these will not affect orders in respect of which PrintFX has issued an order confirmation.
32.) Unless otherwise agreed, the prices indicated include packaging and VAT at the applicable rate but does not include delivery charges (whether in or outside of the UK), taxes, fiscal charges and customs duties in the case of deliveries outside the UK. Additional delivery charges apply for the Scottish Highlands and Islands, the Scilly Isles, Isle of Man and the Channel Islands.
33.) The delivery charge will be provided to you before you accept the quotation.
34.) Any costs rising from subsequent changes to the printing data caused by the customer shall be additionally payable by the customer.
35.) Unless payment following invoice has been agreed in writing by PrintFX for a customer, payment must be made in full no later than seven calendar days after receipt of the Order Confirmation. If payment is not made when due, PrintFX reservices the right to cancel the relevant order and to claim liquidated damages.
36.) Payments must be made using a debit card, credit card, BACS, PayPal, Cash or Cheque.
37.) PrintFX will render invoices only in electronic form by email and shall be under no obligation to provide an invoice in paper form.
38.) PrintFX shall be entitled to allocate payments to a customer’s older debts first, despite any customer provisions to the contrary, and shall inform the customer about the nature of the offsetting effect. If costs and interests have already been incurred, PrintFX shall be entitled to apply the payment to the costs first, then to interest and lastly to the primary debt.
39.) A payment shall not be effective until cleared funds are available to PrintFX
40.) In the case of returned direct debits or chargebacks, the customer shall reimburse any bank charges incurred by PrintFX, unless it is not attributable to the act or omission of the customer.
41.) All information given regarding deadlines or time limits for PrintFX providing the service is indicative only. It does not signify binding or guaranteed delivery dates unless a provision to the contrary has been agreed in writing with the customer. If PrintFX discovers when processing an order than the order cannot be delivered by the time indicated, the customer shall be informed of this separately by email. Production schedules are calculated in working days. If you are a consumer, we will deliver the products to you within 30 days of payment.
42.) If delivery of the product was agreed as per at the order delivery time limits and delivery dates shall refer to the date of handover to the forwarder, carrier or other third party instructed to provide the transport.
43.) PrintFX will not be liable under this contract where it suffers delays due to Force Majeure, and to events that materially impede or frustrate performance by PrintFX other than merely just temporarily, including in particular all kinds of breakdown, difficulty in procuring materials or energy, transport delays, strikes, legal lockout, official directives or failure by suppliers to supply, supply correctly or supply on time (“Force Majeure event(s)”) for which PrintFX is not responsible. Insofar as the Force Majeure event is of temporary duration, PrintFX shall be entitled to delay the provision of the service by the duration of the force majeure event plus a reasonable start-up time. In the event of any Force Majeure event that is more than temporary, PrintFX shall be entitled to withdraw from the contract in whole or in part in respect of the part that has not yet been performed. If the Force Majeure event lasts longer than two months, the customer shall be entitled to withdraw from the contract in respect of the part that has not yet been completed, subject to a reasonable period of grace.
44.) For PrintFX to meet its production schedule, the customer must provide the timely, complete and due performance of its obligations, including sending correct printing data, providing printing approval and advanced payment in full, or unless payment on the invoice has been agreed by way of exception. If the printing data and/or printing approval are received after 9 am, the production schedule shall commence only on the following working day.
45.) If the customer is a business customer, the following provisions shall apply – Delivery will be completed and the risk in the Products shall pass to the customer on handover of the product to the transport contractor (and in this regard, this shall be taken as the commencement of the loading process). This shall apply regardless of who bears the delivery costs, and even if the products are transported by PrintFX own employees. If delivery is delayed for reasons for which the customer is responsible, risk shall pass to the customer from the date on which PrintFX has notified the customer than the products to be delivered are ready for dispatch.
46.) At the customer’s written request and expense, the consignment shall be insured against insurable losses by PrintFX – Note this must be done prior to artwork approval.
47.) If the customer fails to take delivery of the products, PrintFX shall not be obliged to store the products safely for the customer, unless the delay is caused by a Force Majeure Event or breach by PrintFX of its obligations and PrintFX shall be entitled to destroy the delivery after checking that dispatch was properly effected, after notifying the customer and after the expiry of a reasonable time limit for collection, without affecting PrintFX’s claim for payment of the price for such products. Temporary storage shall be at the customer’s cost and risk.
48.) Storage costs after the passage of risk shall be borne by the customer. When items are stored by PrintFX, the storage costs shall be 15% of the invoice amount of the products to be stored per week or part thereof, subject to PrintFX right to assert and substantiate higher or lower actual incurred storage costs.
49.) PrintFX shall be entitled to make part deliveries only if the part delivery is of use to the customer given the intended purpose of the products.
50.) PrintFX will retain title to and ownership of the products or services until PrintFX has received in full the price (cleared funds) of the products or services
51.) PrintFX may at anytime assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the contract. The customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of it’s right or obligations under the contract without the prior written consent of PrintFX.
52.) PrintFX warrants that on delivery and for a period of 1 month from delivery, the Products shall be free from material defects, comply with the description set out in the order confirmation, we will then offer a reprint, however, this warranty does not apply in the following – arising from, fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by the customer or by any third party or any specification or instructions provided by the customer, including the printing data.
53.) Nothing in these terms limit or exclude PrintFX liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the sales of goods act 1979 or defective products under the consumer protection act 1987.
54.) PrintFX will under no circumstances whatever be liable to the customer, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
55.) Subject to PrintFX total liability to the customer in respect of all other losses arising under or in connection with the Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the price of the products or services. Except as expressly stated in these terms, PrintFX does not give any representation, warranties or undertakings in relation to the products or services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, PrintFX will not be responsible for ensuring that any products are suitable for the customer’s purpose.
56.) PrintFX only supplies the products and/or services for domestic and private use. The customer agrees not to use the product for any commercial, business or resale purposes, and PrintFX has no liability to the customer for any loss of profit, business, business interruption or loss of business opportunity.
57.) If an order is cancelled or terminated by either party for any reason whatsoever, then the customer will pay the following compensation to PrintFX – If the order of a customised product is terminated before the point PrintFX sets the order on the printing plate (Pooling) this is immediately after artwork approval. Net Order Value (order price including VAT, but excluding any delivery costs) Compensation:
Upto £20 – £5 Compensation
£20.01 to £499 – £25 Compensation
£500 and greater – £50 Compensation
58.) The customer agrees that compensation payable under these terms and conditions are fair and reasonable and represents a genuine pre-estimate of the costs that PrintFX will incur in the event of a cancellation or termination of an order.
59.) PrintFX shall be exclusivly entilted to the ownership, copyrighyt and all other ancillary rights to the print media produced and used to produce the printed matter.
60.) Proof prints and proof copies shall be destroyed after six months if no objection has been received by then. The printing data maybe stored electronically as a reference with PrintFX and its subsequent suppliers.
61.) The customer shall ensure that it has all rights to use, disseminate and publish the transferred data, espically as regards text and graphic material.
62.) The customer shall make good any loss to PrintFX resulting from third-party claims for infringement of industrial property rights and other rights arising out of the customer’s specifications, text or images supplied. The customer shall indemnify PrintFX for all liability, costs and expenses incurred by PrintFX as a result of such claims (whether or not successful) by third parties.
63.) The customer may not make available to any third party or business, trade secrets or other conditional information arising from the business relationship or provided to the other party. This prohibition shall remain in force after termination of the contract.
64.) This agreement and any other documents or materials referred to, will be governed by the laws of England and Wales. Where the customer is a business customer, the courts of England Wales will have exclusive jurisdiction in relation to any disputes arising out of this contract.
65.) Set out below is information on circumstances relating to the formation of a contract and its implementation on the basis of purchase orders and their execution. The information set out forms part of our contract with you. The terms of this are contained in the General Terms and Conditions for the production of printer material (GTC).
66.) The vendor of products on PrintFX.co.uk is PrintFX.
Phone: 01626 600 126
67.) PrintFX sells peronsalised printed material producted to customer specification. There is therefore no right to cancel an order in relation to any customised products.
68.) Warranty rights – the products must be inspected for manifest defects immediately after delivery. Any such defects must be reported to PrintFX by email to email@example.com with images of defects. No guarantees over and above the obligations as to quality required by law are provided in respect of the products or services supplied.
69.) The contract between you and PrintFX is formed by you requesting personalised printed products or services from us. However, PrintFX can withdraw out of the contract at anytime.
70.) If a special format is ordered and is technically not feasible to print, PrintFX can decline acceptance of your offer and submit a counter-offer with a technically feasible version of you order. In this event, the contract shall be concluded only on acceptance of our counter-offer which will be valid for 24 hours. You may decline this counter-offer in which cause your order will be cancelled and you will receive a refund of any price paid in advance.
71.) We store your order information and personal data for purposes of contract processing, information on all matters relating to the formation of the contract and its implementation, your order data stored by us will be emailed to you. We use the personal data for the purpose of ordering the products (Name, address, payment data) only to perform and process the contract. When the order has been placed some information such as name and address information and artwork may be sent to our suppliers including courier companies we use to deliver the products to you. We may also provide information about you to credit reference agencies.