Terms of Sale - www.PostersByPost.com
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.PostersByPost.com ("our site") to you. Please read these terms and conditions carefully before ordering any products from our site. You should 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 at paragraph 15 below.
Should you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.
1. INFORMATION ABOUT US
Our site is operated by Alpha Print Ltd trading as www.PostersByPost.com ("we/us/our"). Our office and main trading address is at 50 The Fairway, Leigh-on-Sea, Essex SS9 4QL. We are registered in England, Company No 3083011
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
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 have been 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.
3.3 Payment of goods and services is made solely by Paypal and at the time of placing the order.
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 you must comply with the content standards set out in our acceptable use policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
4.2 In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our site will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
4.3 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.
4.4 You must not upload any material that will breach any third party rights to such material unless you have their express consent. 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.
4.5 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 comply with the content standards set out in our acceptable use policy referred to at paragraph 4.1. You will receive a full refund of any sums already paid for an order we do not fulfil under these circumstances
4.6 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.
4.8 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, without reference to you, your material stored by us, that is inactive for an extended period of time. We may change our policies and limits at any time, at 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.
5.1 Prior to producing the products, we make an electronic proof of the product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the products cannot be changed or cancelled. We shall have no liability to you for any errors in the proof that may subsequently be discovered by you.
5.2 Your statutory rights are not affected by these terms and conditions.
6. AVAILABILITY AND DELIVERY
6.1 Unless there are exceptional circumstances, your products will be dispatched for delivery in accordance with the delivery service chosen by you during the ordering process:
6.1.1 Our standard method of delivery, that is included in the price of every product, is either by second class Royal Mail or by a courier company chosen by us, depending on the size, quantity, weight and type of product.
6.1.2 Delivery maybe upgraded to first class Royal Mail postage or next day delivery by courier, by an optional additional payment available at check out.
6.2 Once proofs have been confirmed by you, we will issue a dispatch date which may vary depending on the size, quantity, weight and type of product.
6.3 ‘Working days’ are Monday to Friday, excluding UK Bank Holidays.
6.4 Where dispatch is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can and will advise you accordingly.
6.5 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. We reserve the right to make an additional delivery charge for re-dispatch of the products to the correct delivery address.
7.1 You must notify us within 10 days of any failure on our part to deliver the products in order that we can investigate the failure and take appropriate action.
8.1 All reasonable endeavours will be made to deliver the correct quantity of products ordered by you.
8.2 You acknowledge that variations in respect of quantities are inherent within the printing industry.
8.3 In the event of shortages we will refund calculated on a pro rata basis.
9.1 You accept that variations in colours are 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. RISK AND TITLE
10.1 The products will be at your risk from the time of delivery.
10.2 Ownership of the products will pass to you on delivery.
11. PRICE AND PAYMENT
11.1 The prices of products on our site will be as quoted except in cases of obvious error.
11.2 These prices include VAT, where applicable, and delivery costs. Any delivery upgrade chosen will be added to the total amount due as set out in the ‘Basket’ section of the online ordering process.
11.3 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.
11.4 We do not store any credit or debit card data, as all payments are made, maintained and monitored via Paypal.
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.
12.2 In the event of defective products we reserve the right to refund pro rata or replace at our expense dependent upon each individual case.
13.1 Claims for damage, shortages or non delivery must be advised by phone or email within 10 days from the date that the products were dispatched.
13.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 13.1 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.
14. OUR LIABILITY
14.1 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; or
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; or
14.3.2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
15. WRITTEN COMMUNICATIONS
15.1 When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically, comply with any legal requirement that such communications be in writing.
16.1 You must give notice to www.PostersByPost.com 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 an order, or in the way specified in paragraph 15. Notice will be deemed received and properly served:
16.1.1 Within 1 working day when given electronically; and
16.1.2 3 working days after the date of posting of any letter when served by post.
16.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The Contract is binding on you and us and on our respective successors and assigns.
17.2 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.
17.3 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. EVENTS OUTSIDE OUR CONTROL
18.1 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).
18.2 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:
18.2.1 Strikes, lock-outs or other industrial action;
18.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5 Impossibility of the use of public or private telecommunications networks;
18.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
18.3 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.
19.1 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.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
19.3 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.
20.1 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.
21. ENTIRE AGREEMENT
21.1 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.
21.2 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.
21.3 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.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 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 seven working days of receipt by you of the Products).
23. LAW AND JURISDICTION
23.1 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 non-exclusive jurisdiction of the courts of England and Wales