Terms and Conditions
When you use our website to place an order with us, these Terms and Conditions constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of the serviceprint.net website is contingent upon your acceptance of our Privacy and Cookie Policy and the following Terms and Conditions. Use of the serviceprint.net website will be considered acceptance of these Terms and Conditions. If you do not agree to the Terms and Conditions contained in the following pages, then you may not use the serviceprint.net website. Please note that serviceprint.net has the right to modify these Terms and Conditions and you should review them periodically. Additionally, you should review our Website Privacy and Cookie Policy.
1. Definitions
“Seller” means Service Print Ltd, a company registered in the UK, company number 7048604, registered office 105 Abbey Street, London, SE1 3NP
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with delivery and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of Sale.
- These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
- Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Buyer.
- The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
- All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
- The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
- The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.
- The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor or other printing systems. Goods supplied may differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
- The Buyer warrants in uploading any material to serviceprint.net including for the purposes of registering, managing online account and submitting an Order, that any such material:
- is accurate (where it states facts);
- is genuinely held (where it states opinions);
- complies with applicable law in the UK and any country from which it is submitted;
- does not contain any material which is defamatory of any person;
- does not contain any material which is obscene, hateful or inflammatory;
- does not promote sexually explicit material or violence;
- does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not infringe any intellectual property rights of any other person
- you will indemnify (and keep indemnified) us for any breach by you of such above warranties.
- The Seller supplies goods strictly in accordance with the file(s) submitted by the Buyer with the Order. To the extent permitted by law, we accept no liability in respect of unwanted or defective goods where such defect relates to an error in the file submitted by the Buyer to The Seller or any inconsistency between the file and the Goods.
- The Seller endeavours to trim all artwork as accurate as possible but due to the nature of printing, a 3mm tolerance from the crop mark is required for room of error.
- If the artwork supplied is incorrect (e.g wrong size), the Seller has the right to print the artwork to the best possible fit based on the Seller’s discretion, this means there may be a possibility of white borders around the print. In some cases the Seller may choose to put the order on hold to notify the customer regarding to the artwork problems.
4. Price and Payment
- All prices are exclusive of VAT. VAT is added based on the final value of your order in the check-out process plus the delivery cost. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
- Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. Should payment not be received in full or be ‘charged back’ to the Seller for any reason, the title and ownership of any Order supplied will immediately return to the Seller and must be returned immediately to the Seller by the Buyer at the Buyers cost.
- The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card or debit card details before accepting the Buyer’s Order.
- The Seller reserve the right to correct the price for errors and any typographic error. If such a case occurs, the Seller may or may not honour the price and will notify the customer by email of the cancellation and refund as stated on section 7.9. and 7.10.
- Prices may fluctuate depending on the market and the Seller has the rights to change prices displayed on the website without any prior notice and any price you see may be different from day to day up till checkout.
5. Delivery
- The place for delivery of the Goods will be as shown on the Order
- The Seller will endeavour to process the Order and manufacture the Goods within the time period stated for each item as per the Order Confirmation from the Seller to the Buyer. Date or Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any missed deadlines, loss or expenses sustained by the Buyer arising from any delay in the dispatch or delivery of the Goods howsoever caused. All dispatch dates, delivery dates and times supplied at checkout and on the Order Confirmation are estimated and not guaranteed
- The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or delivery device. A signature on that document or device will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document or device free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
- If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
- Goods may not be returned to the Seller except as provided in Condition 7 below.
6. Risk and Property
- Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
- Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
7. Returns, refunds and rights of cancellation
- The Buyer shall have the right to cancel any Order for Goods only if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
- Notice of the wish to cancel must be made by email to: info@serviceprint.net
- In the case of Faulty Goods the Buyer should inform the Seller at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 3 days after receipt).
- In the case of Damaged Goods the Buyer should inform the Seller at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 1 day after receipt). If the Goods are delivered by a courier the Seller should note when signing for the Goods that they are damaged.
- If the Buyer reports faulty or damaged Goods in accordance with 7.3. and 7.4. above the Seller will require the Buyer to return the Goods or, at the Sellers discretion, may require the Buyer to send photographic evidence of the issue and will, following receipt and at it’s sole discretion the Seller may reprint all or part of the order free of charge.
- For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications.
- In the case of cancellation under Condition 7.1. above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges, if any) in respect of the Goods in question.
- All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
- In the unfortunate circumstance where the Seller needs to cancel your order after it has been accepted, we will notify you by phone or email. We reserve the right to cancel any order, before or after acceptance, and will notify you of any such cancellation.
- In the case the Seller cancels your Order, we will reimburse the full cost of your order.
- If the Seller places your order on hold because of incorrect quantities selected based on the amount of pages in your artwork, and if the Buyer opts not to pay the price difference and cancels the order, a 10% fee will be charged for refunding the total cost.
- The Buyer bears full responsibility for the quality of artwork provided to the Seller. If the artwork supplied by the Buyer is rejected and the Buyer requests cancellation, a 10% fee will be levied for refunding the entire cost.
- If the Buyer wishes to cancel the Order after acceptance, a 10% fee will be charged in order to refund the full cost within the first hour of acceptance, and any cancellation after that will not be refunded. The Buyer should email us, stating their Account name and Order number when requesting cancellation.
8. Limitation of liability
- The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7.1. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Account name, Order number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8.1.
- The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any third party supplier failures, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
- The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract, or the rendition of services here under, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
- This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the serviceprint.net website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
- In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to the Buyer in connection with the services provided through the serviceprint.net website. The Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
9. Intellectual Property
- This website is owned by the Seller. Unless otherwise noted in this website, the Seller owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of the Seller’s copyright. Additionally, the serviceprint.net website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
- Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of the Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
- The serviceprint.net logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. serviceprint.net graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of serviceprint.net trademarks and trade dress may not be used in connection with any product or service that is not serviceprint.net in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits serviceprint.net . All other trademarks not owned by serviceprint.net that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by serviceprint.net.
- The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
- Copyright complaints by third parties
(i) The Buyer acknowledges that serviceprint.net is a “service provider” under the United States Digital Millennium Copyright Act (the “DMCA”) and is therefore immune from liability under the DMCA. Consistent with the DMCA, serviceprint.net may accommodate standard technical measures used to identify and protect copyrighted works.
(ii) serviceprint.net respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide serviceprint.net copyright agent with the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed and the place where the material that you claim is infringing is located on the serviceprint.net website;
(c) Your address, telephone number, and email address;
(d) A statement that your claim of infringement is based on a good-faith belief;
(e) A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
serviceprint.net copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
Legal Department, Service Print Ltd, 105 Abbey St, London SE1 3NP
10. Data Protection
- The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (“the Act”).
- The Seller undertakes to process all personal data obtained by it through use of the website in accordance with the principles laid down in the Act. Please see the Privacy and Cookie Policy for more information.
11. General and miscellaneous
1. Notice:
(i) Any notice given or made under the Contract must be in Writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided in Condition 9(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place; or
* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
2. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with Northern Irish Law.
(ii) The parties irrevocably agree that the courts of Northern Ireland are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
3. Waiver
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
4. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
5. Severability
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
6. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the serviceprint.net. website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
7. Typographical Errors
Information on serviceprint.net website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the serviceprint.net website is accurate, complete, reliable, current, or error-free and has the rights to change or amend such information.
8. Licence
The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the serviceprint.net website. All use must be in accordance with all serviceprint.net stated policies, including those in the Privacy and Cookie Policy.
9. Off-Site Links
A link to a non-serviceprint.net website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
10. Headings
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
11. User Registration, eligibility and account activity
In registering for a serviceprint.net user name, the Buyer acknowledges and represents that he/she is an individual of at least 18 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the sp-print.online website is accurate. Falsifying or omitting contact information such as a person’s name, address, and/or telephone number when registering with sp-print.online is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
12. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer’s user registration for violating serviceprint.net Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
13. Seller’s right of removal of materials
The Seller reserves the right at any time with or without the Buyer’s prior consent and without liability to the Buyer in that regard to delete from the serviceprint.net website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
14. Buyer indemnification of the Seller
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the Buyer’s submissions to the serviceprint.net website, and/or from the Buyer’s unauthorised use of material obtained through the serviceprint.net website, and/or from the Buyer’s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’s use of the sserviceprint.net website.
15. Seller’s right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it’s services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller’s services on a regular basis should check the relevant links regularly before placing Orders.