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Terms & Conditions – We Do It Right

TERMS AND CONDITIONS OF SALE

FOR PrintCarrier.com BUSINESS CUSTOMERS ONLY
The Buyer's attention is in particular drawn to the provisions of condition

1. Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these conditions.

Buyer: means the person, firm or company who purchases the Goods from PrintCarrier.com ;

Contract: means any contract between PrintCarrier.com and the Buyer for the sale and purchase of the Goods, incorporating these conditions;

Delivery Point:
means the place where delivery of the Goods is to take place under condition ;

Dispatch Confirmation:
means an email, notice on the Buyers User Account or other communication made by PrintCarrier.com to the Buyer confirming that the Goods ordered by the Buyer have been Dispatched;

Files: means the files to be emailed, uploaded, sent to PrintCarrier.com incorporating the work to be carried out by PrintCarrier.com in the requested form or other such format as maybe set out on the Website or order forms from time to time;

File Verification Service:
means a service provided by PrintCarrier.com which checks the Files submitted by the Buyer to ensure such Files are in a Print Ready Format and will not contain any defects;

Goods:
means any goods agreed in the Contract to be supplied to the Buyer by PrintCarrier.com (including any part or parts of them);

Order:
means the Buyers formal order for the purchase of Goods from PrintCarrier.com setting out in detail the quantity and value of the order, details of any services required and any other specific Buyer requests;

Order Cancellation Fee:
means the fee applicable from time to time in respect of cancelled orders, prior to the issue of an Order Confirmation;

Order Confirmation:
means the email or other written document (normally a PDF) communicated to the Buyer confirming the details of the Order, the Goods and Services ordered, together with the price, shipping and invoice details;

Print Ready Format: means the Files to be submitted to PrintCarrier.com to be in form which allows PrintCarrier.com to commence the Order without any further reference to the Buyer, which includes but is not limited to the Files being complaint with bleed and colour (mode and profile) requirements, layers, labelling, data format and other such requirements as maybe set out on the Website from time to time;

Services:
means the File Verification Service and other printing related services which the Buyer has requested PrintCarrier.com to provide;

User Account: means an account created by the Buyer through a username and password, normally upon purchase of the first Goods, which will set out details of orders, any notices about the Goods/Services and general communication relating to the Goods/Services the Buyer has made an Order for;

Website:
means the PrintCarrier.com website available at www.PrintCarrier.com.

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.

1.6 Information about us

www.PrintCarrier.com is a site operated by PrintCarrier.com GmbH & Co.KG.
PrintCarrier.com GmbH & Co.KG is registered in Germany, Amtsgericht Würzburg, registration number HRA 6019, with its registered office and trading address at


Schulhof 1
D-97286 Winterhausen
Germany


Our VAT registration number is 894 5972 54.

2. Application of terms and formation of Contract

2.1 Subject to any variation under condition the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These terms and conditions apply to all PrintCarrier.com sales and any variation to these terms and conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a managing director of PrintCarrier.com . The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of PrintCarrier.com which is not set out in the Contract. Nothing in this condition shall exclude or limit PrintCarrier.com liability for fraudulent misrepresentation.

2.4 Each Order or acceptance of a quotation for Goods by the Buyer from PrintCarrier.com shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

2.5 No Order placed by the Buyer shall be deemed to be accepted by PrintCarrier.com until an Order Confirmation is issued by PrintCarrier.com or (if earlier) PrintCarrier.com delivers the Goods to the Buyer.

2.6 The Buyer shall ensure that the terms of its Order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that no Contract shall come into existence until PrintCarrier.com confirms the Order through the Order Confirmation to the Buyer. Any quotation is valid for a period of 7 days only from its date, provided that PrintCarrier.com has not previously withdrawn it.

2.8 PrintCarrier.com have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting PrintCarrier.com business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in PrintCarrier.com system's capabilities.

2.9 The Buyer will be subject to the policies and terms and conditions in force at the time that the Buyers orders Goods from PrintCarrier.com , 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 the Buyer), or if PrintCarrier.com notify the Buyer of the change to those policies or these terms and conditions before PrintCarrier.com send the Buyer the Dispatch Confirmation (in which case PrintCarrier.com have the right to assume that the Buyer has accepted the change to the terms and conditions, unless the Buyer notify PrintCarrier.com to the contrary within seven working days of receipt by the Buyer of the Goods).

2.10 The Contract between PrintCarrier.com and the Buyer will only be formed when PrintCarrier.com sends the Buyer an Order Confirmation.

2.11 The Buyer must provide 3 months written notice to terminate any Contract which involves any element of regular/periodic work.

2.12 Description

2.12.1 The quantity and description of the Goods shall be as set out in PrintCarrier's Order Confirmation.

2.12.2 All samples, drawings, descriptive matter, specifications and advertising issued by PrintCarrier.com and any descriptions or illustrations contained in
PrintCarrier's Website, catalogues or brochures are displayed, issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

2.13 Avoiding problems

2.13.1 The Buyer shall ensure that any Files submitted to PrintCarrier.com are in a Print Ready Format and complies with all printing requirements as set out in the
Website. PrintCarrier will not inspect the Files or any other documentation submitted by the Buyer in respect of the purchase of Goods unless the File Verification Service has been requested.

2.13.2 If the Buyer would like PrintCarrier.com to carry out checks to ensure the Files are in a Print Ready Format and comply with the Website requirements then the Buyer should tick the appropriate box on the Website or email PrintCarrier.com accordingly requesting the File Verification Service. If the Buyer chooses not to request the File Verification Service and the Files are not in a Print Ready Format then PrintCarrier.com will have no liability for any Goods which are not in accordance with the Buyers intentions for those Goods.

2.13.3 The Buyer acknowledges and agrees that Files uploaded from a system which views files through an RGB format will not produce the same colour effects or depth of colours as those of PrintCarrier.com who use a CMYK format. The Buyer therefore accepts the Goods and Services irrespective of the results which may be produced by the different formats stated above.

2.13.4 Any amendments to the Order after the Order Confirmation has been sent shall only be considered in accordance with the Website guidelines and will be subject to any additional costs in accordance with clause and as may be communicated to the Buyer by PrintCarrier.com or as displayed on the Website.

2.13.5 The Buyer must at all times monitor its User Account in relation to queries relating to the Order and general notices made by PrintCarrier.com . PrintCarrier.com are under no obligation to communicate in any other way at any point from when the Order is placed up until delivery of the Goods has been made and the Contract has been completed.

2.14 Delivery

2.14.1 Unless otherwise agreed in writing or as stated in the Order Confirmation by PrintCarrier.com , delivery of the Goods shall take place at PrintCarrier's place of business. In such circumstances the Buyer shall take delivery of the Goods within 14 days of PrintCarrier.com giving it notice that the Goods are ready for delivery.

2.14.2 Any dates specified by PrintCarrier.com for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates or times are so specified, delivery shall be within a reasonable time.

2.14.3 Subject to the other provisions of these conditions PrintCarrier.com shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by PrintCarrier's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.

2.14.4 Subject to clause where the Buyer has chosen a higher/quicker standard of delivery and PrintCarrier.com fails to comply with such higher/quicker standard, then the Buyer shall be entitled to a refund of the difference between the higher/quicker standard of delivery and the standard of delivery which actually took place.

2.14.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or PrintCarrier.com is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by PrintCarrier's negligence);
b) the Goods shall be deemed to have been delivered;
c) PrintCarrier.com may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation,
redelivery costs, storage and insurance);
d) PrintCarrier.com may dispose of the Goods, without prejudice to any payment obligations placed upon the Buyer under this Contract.


2.14.6 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.

2.14.7 If PrintCarrier.com delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by PrintCarrier.com , the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate. Such shortages include spoilage, start-up sheets, adjustment copies for further processing machinery, production related cuttings of the upper and lower sheets, which are not removed.

2.14.8 PrintCarrier.com may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

2.14.9 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

2.15 Non-delivery

2.15.1 The quantity of any consignment of Goods as recorded by PrintCarrier.com on despatch from PrintCarrier's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

2.15.2 PrintCarrier.com shall not be liable for any non-delivery of Goods (even if caused by PrintCarrier's negligence) unless the Buyer gives written notice to PrintCarrier.com of the non-delivery within 7 days of the date on when the Goods would in the ordinary course of events have been received by the Buyer.

2.15.3 Any liability of PrintCarrier.com for non-delivery of the Goods shall be limited to:

a) replacing the Goods within a reasonable time; or
b) issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods; or
c) refunding the Buyer for the pro rata Contract rate against any invoice raised for such Goods.

2.16 Risk / title

2.16.1 The Goods are at the risk of the Buyer from the time when the Goods are transferred to a carrier for delivery or if the Buyer requests a delay in delivery the risk shall transfer when the Goods are ready for delivery.

2.16.2 Ownership of the Goods shall not pass to the Buyer until PrintCarrier.com has received in full (in cash or cleared funds) all sums due to it in respect of:

a) the Goods; and
b) all other sums which are or which become due to PrintCarrier.com from the Buyer on any account.


2.16.3 PrintCarrier.com shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from PrintCarrier.com .

2.16.4 The Buyer grants PrintCarrier.com , its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.

2.17 Price, payment, cancellations, charges and refunds

2.17.1 Unless otherwise agreed by PrintCarrier.com in writing, the price for the Goods and/or Services shall be the price set out in PrintCarrier's Website as at the date of Order Confirmation except in cases of obvious error.

2.17.2 The Order Confirmation and/or Website will set out whether the price for the Goods includes or excludes any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance.

2.17.3 Prices are liable to change at any time, but changes will not affect Orders in respect of which PrintCarrier.com have already sent an Order Confirmation to the Buyer.

2.17.4 The Website contains a large number of Goods and it is always possible that, despite PrintCarrier.com best efforts, some of the Goods listed on the Website may be incorrectly priced. In the case of error PrintCarrier.com are under no obligation to provide the Goods to the Buyer at the incorrect (lower) price, even after PrintCarrier.com have sent an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mis-pricing.

2.17.5 Payment in respect of an Order is due immediately once the Buyer has received the Order Confirmation and/or where communicated through the User Account within 48 hours of such message/notice being placed on the User Account. PrintCarrier.com will not commence the works until payment of the price set out in the Order Confirmation has been paid in full.

2.17.6 Payment for all Goods can be by bank transfer, credit or debit card or third party payment system provider such as Paypal, Worldpay, Protyx subject to these terms and conditions.

2.17.7 The following fees will be charged when payment is made by bank transfer, credit card or through a third party service provider:

a) Bank transfers will incur a flat rate charge of £0.00 (including VAT);
b) Credit card payments will incur a minimum charge of £5.40 (including VAT at the prevailing rate 20% £0.90) or 3% of the gross value (depending on the
size of the Order) of the Goods and Services purchased;
c) Third party service provider payments will incur a minimum charge of £4.80 (including VAT at the prevailing rate of 20% (£0.80) or 3% (depending on the size of the Order) of the gross value of the Goods and Services purchased
d) SOFORT Banking will incur a charge of £0.00 (including VAT)

2.17.8 PrintCarrier.com may request payment upfront if it deems appropriate in the circumstances to do so. This may be linked to the credit worthiness of the Buyer.

2.17.9 Where payment is made through a third party service provider and a dispute occurs between the Buyer and PrintCarrier.com which leads to a refund being made by the third party service provider to the Buyer, the Buyer should note that PrintCarrier.com reserves the right to pursue the Buyer through the courts (where appropriate and if necessary) for payment of the sums refunded by the third party service provider.

2.17.10 PrintCarrier.com will not process an Order until payment has been received.

2.17.11 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by PrintCarrier.com to the Buyer.

2.17.12 If the Buyer fails to pay PrintCarrier.com any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to PrintCarrier.com on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Natwest Bank Plc accruing on a daily basis until payment is made, whether before or after any judgment. PrintCarrier.com also reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

2.17.13 Any amendments to an Order shall incur the following charges:

a) before the Order Confirmation a charge of £ 18.00 (including VAT at the prevailing rate of 20% (£3.00) will be made;
b) after the Order Confirmation a charge of £18.00 (including VAT at the prevailing rate of 20% (£3.00) will be made;
c) before or after the Order Confirmation PrintCarrier.com standard charge rates in respect of any services or other additional work required as a result of any amendments made by the Buyer. PrintCarrier.com will endeavour to advise the Buyer of such a charge before proceeding with the amendments.

2.17.14 Charges for attempting re-delivery of Goods shall be the standard delivery charges of Goods subject to any additional costs which may be incurred as a result of PrintCarrier.com in attempting re-delivery.

2.17.15 A flat rate charge of £24.00 (including VAT at the prevailing rate of 20% (£4.00) plus VAT will be made if the Buyer refuses to accept the Goods in addition to
the price of the Goods, which will be due in accordance with these terms and conditions.

2.17.16 PrintCarrier.com will only consider a cancellation of an Order, prior to an Order Confirmation has been sent subject to payment of an Order Cancellation Fee.

2.17.17 Cancellations to Orders by the Buyer whether before or after the Order Confirmation has been sent will not affect any fees due to PrintCarrier.com in respect of any Goods and Services which PrintCarrier.com has agreed to provide.

2.17.18 Refunds will only be processed in accordance with these terms and conditions and any requirements as may be set out on the Website.

2.18 Quality

2.18.1 PrintCarrier.com warrants that (subject to the other provisions of these terms and conditions) on delivery the Goods shall:

a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
b) be reasonably fit for purpose.

2.18.2 PrintCarrier.com shall not be liable for a breach of any of the warranties in condition unless:

a) the Buyer gives prompt written notice of the defect to PrintCarrier.com , and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
b) PrintCarrier.com is given a reasonable opportunity to examine such Goods in accordance with time limit specified in clause .

2.18.3 PrintCarrier.com shall not be liable for a breach of any of the warranties in condition if:

a) the defects are as a result from the Buyer not following the procedures or advice given in the Website in particular warnings on the Files being in a Print Ready Format; or
b) the defect arises because the Buyer failed to follow PrintCarrier's oral or written instructions prior to following submission of the Files; or
c) the Buyer failed to monitor the Buyers User Account; or
d) the defects relate to slight deviations in colour reproductions or other such minor and non material issues to the Goods.

2.18.4 Subject to condition and condition , if any of the Goods do not conform with warranties in condition PrintCarrier.com shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if PrintCarrier.com so requests, the Buyer shall, return the Goods or the part of such Goods which is defective to PrintCarrier.com . PrintCarrier.com shall have no further liability.

2.18.5 If PrintCarrier.com complies with condition it shall have no further liability for a breach of any of the warranties in condition in respect of such Goods.

2.19 Limitation of liability

2.19.1 Subject to condition , condition and condition , the following provisions set out the entire financial liability of PrintCarrier.com (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

a) any breach of these conditions, including any deliberate breach of these conditions by a party, or its employees, agents or subcontractors;
b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

2.19.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

2.19.3 Nothing in these conditions excludes or limits the liability of PrintCarrier.com :

a) for death or personal injury caused by PrintCarrier's negligence; or
b) for any matter which it would be illegal for PrintCarrier.com to exclude or attempt to exclude its liability; or
c) afor fraud or fraudulent misrepresentation.

2.19.4 Subject to condition and condition:

a) PrintCarrier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
b) PrintCarrier.com shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
c) PrintCarrier.com may also provide links on the Website to the websites of other companies, whether affiliated with PrintCarrier.com or not. PrintCarrier.com cannot give any undertaking, that goods, services, the Buyer purchase from third party sellers through the Website, or from companies to whose website PrintCarrier.com have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by PrintCarrier.com absolutely. This DISCLAIMER does not affect the Buyer statutory rights against the third party seller. PrintCarrier.com will notify the Buyer when a third party is involved in a transaction, and PrintCarrier.com may disclose the Buyer’s customer information related to that transaction to the third party seller.

2.20 Intellectual property rights

2.20.1 Unless the Buyer states in writing otherwise, the Buyer hereby authorises PrintCarrier.com to use and send out copy samples of the Buyers Goods to third parties for marketing and promotional purposes.

2.20.2 The Buyer undertakes to defend PrintCarrier.com from and against any claim or action that the use or possession of any of the Files or Goods or any part of them infringes the intellectual property rights of a third party (IPR Claim) and shall fully indemnify and hold harmless PrintCarrier.com from and against any losses, damages, costs (including legal fees) and expenses incurred by or awarded against PrintCarrier.com as a result of or in connection with that IPR Claim. The indemnity contained in clause shall remain in full force and effect notwithstanding any termination of this agreement.

2.20.3 Where PrintCarrier.com has provided creative services on behalf of the Buyer included but not limited to graphic designs, pictures, artwork, text marks, layouts the Buyer acknowledges and agrees that PrintCarrier.com shall be the owner of such intellectual property and shall be under no obligation to provide Goods with the same graphic designs, pictures, artwork, text marks in any future Orders. PrintCarrier.com will consider any reasonable offer made by the Buyer to purchase such intellectual property from PrintCarrier.com .

2.20.4 Complaints
If the Buyer receives the Goods and is not satisfied with the Goods and wishes to make a complaint to PrintCarrier.com, PrintCarrier.com must receive the requested number of samples and other documentation (as set out in the complaints procedures on the Website) within 14 days of the Buyer receiving the Goods otherwise complaints will not be processed by PrintCarrier.com .


3. Import duty

3.1 If the Buyer orders Goods from the Website for delivery outside the UK, the Buyer may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of any such import duties and taxes. Please note that PrintCarrier.com have no control over these charges and cannot predict their amount. The Buyer should contact the Buyer’s local customs office for further information before placing an order for the purchase of Goods. The Buyer should also check to see whether PrintCarrier.com offer the same service in such a country before proceeding with an order in the UK.

3.2 The Buyer must also comply with all applicable laws and regulations of the country for which the Goods are destined. PrintCarrier.com will not be liable for any breach by the Buyer of any such laws.

3.3 Assignment

3.3.1 PrintCarrier.com may assign the Contract or any part of it to any person, firm or company.

3.3.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of PrintCarrier.com .

3.6 Force majeure

3.6.1 PrintCarrier.com will not be liable or responsible for any failure to perform, or delay in performance of, any of PrintCarrier.com obligations under a Contract that is caused by events outside PrintCarrier.com reasonable control (Force Majeure Event).

3.6.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond PrintCarrier.com reasonable control and includes in particular (without limitation) the following:

a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, bad weather subsidence, pandemic, epidemic or other natural disaster.
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.

3.3.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and PrintCarrier.com will have an extension of time for performance for the duration of that period. PrintCarrier.com will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which PrintCarrier.com obligations under the Contract may be performed despite the Force Majeure Event.

3.10 Written communications
Applicable laws require that some of the information or communications PrintCarrier.com send to the Buyer should be in writing. When using the Website, the Buyer accepts that communication with PrintCarrier.com will be mainly electronic and in particular the Buyer will need to monitor the User Account on a regular basis until the Contract has been completed. PrintCarrier.com will contact the Buyer by the User Account or e-mail to provide the Buyer with information. For contractual purposes, the Buyer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that PrintCarrier.com provide to the Buyer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Buyers statutory rights.


4. General


4.1 Each right or remedy of PrintCarrier.com under the Contract is without prejudice to any other right or remedy of PrintCarrier.com whether under the Contract or not.

4.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

4.3 Failure or delay by Printcarrier.com in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

4.4 Any waiver by Printcarrier.com of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

4.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

4.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.

Date Issued: 02.02.10

TERMS AND CONDITIONS OF SALE

FOR PrintCarrier.com CONSUMERS ONLY - UK

1. Information about us

PrintCarrier.com GmbH & Co.KG is registered in Germany, Amtsgericht Würzburg, registration number HRA 6019, with its registered office and trading address at


Schulhof 1
D-97286 Winterhausen
Germany


Our VAT registration number is 894 5972 54.

2. Application of terms and formation of Contract


2.1 Subject to any variation under condition the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These terms and conditions apply to all our sales and any variation to these terms and conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a managing director of PrintCarrier.com . You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

2.4 Each Order or acceptance of a quotation for Goods by you from us shall be deemed to be an offer by yourself to buy Goods subject to these conditions.

2.5 No Order placed by you shall be deemed to be accepted by us until an Order Confirmation is issued by us or (if earlier) we deliver the Goods to you.

2.6 You shall ensure that the terms of your Order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that no Contract shall come into existence until we confirm the Order through the Order Confirmation to you. Any quotation is valid for a period of 7 days only from its date, provided that we have not previously withdrawn it.

2.8 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

2.9 You will be subject to the policies and terms and conditions in force at the time that you order the Goods 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 Dispatch 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 yourself of the Goods).

2.10 The Contract between us and yourself will only be formed when we send you an Order Confirmation.

2.11 You must provide 3 months written notice to terminate any Contract which involves any element of regular/periodic work.

2.12 Description

2.12.1 The quantity and description of the Goods shall be as set out in our Order Confirmation.

2.12.2 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our Website, catalogues or brochures are displayed, issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

2.13 Avoiding problems

2.13.1 You must ensure your data for print is 100% print-ready and is submitted as per our artwork specifications, as set out on our website.
We will not inspect the Files or any other documentation submitted by you in respect of the purchase of Goods unless the File Verification Service has been selected for the order. We will not accept any responsibility for any colour variations, irregularities or other faults to the products that have been caused by your printing data not complying with our required print format.

2.13.2 If you would like us to carry out checks to ensure the Files are in a Print Ready Format and comply with the Website requirements then you should tick the appropriate box on the Website or email us accordingly requesting the File Verification Service. If you choose not to request the File Verification Service and the Files are not in a Print Ready Format then we will have no liability for any Goods which are not in accordance with your intentions for those Goods.

2.13.3 You acknowledge and agree that Files uploaded from a system which views files through an RGB format will not produce the same colour effects or depth of colours as those of us who use a CMYK format. You therefore accept the Goods and Services irrespective of the results which may be produced by the different formats stated above.

2.13.4 Any amendments to the Order after the Order Confirmation has been sent shall only be considered in accordance with the Website guidelines and will be subject to any additional costs in accordance with clause and as may be communicated to you by us or as displayed on the Website.

2.13.5 You shall at all times monitor your User Account in relation to queries relating to the Order and general notices made by us. We are under no obligation to communicate in any other way/form at any point from when the Order is placed up until delivery of the Goods has been made and the Contract has been completed.

2.14 Delivery

2.14.1 Unless otherwise agreed in writing or as stated in the Order Confirmation by us, delivery of the Goods shall take place at our place of business. In such circumstances you shall take delivery of the Goods within 14 days of us giving you notice that the Goods are ready for delivery.

2.14.2 Any dates specified by us for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates or times are so specified, delivery shall be within a reasonable time.

2.14.3 Subject to the other provisions of these conditions we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.

2.14.4 Subject to clause Fehler: Referenz nicht gefunden where you have chosen a quicker standard of delivery and we fail to comply with such quicker standard, then you shall be entitled to a refund of the difference between the quicker standard of delivery and the standard of delivery which actually took place.

2.14.5 If for any reason you fail to accept delivery of any of the Goods when they are ready for delivery, or we are unable to deliver the Goods on time because you have not provided appropriate instructions, documents, licences or authorisations:

a) risk in the Goods shall pass to yourself (including for loss or damage caused by our negligence);
b) the Goods shall be deemed to have been delivered;
c) We may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, redelivery costs, storage and insurance);
d) We may dispose of the Goods, without prejudice to any payment obligations placed upon you under this Contract.

2.14.6 You shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.

2.14.7 If we deliver to you a quantity of Goods of up to 10% more or less than the quantity accepted by us, you shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate. Such shortages include spoilage, start-up sheets, adjustment copies for further processing machinery, production related cuttings of the upper and lower sheets, which are not removed.

2.14.8 We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

2.14.9 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.

2.15 Non-delivery

2.15.1 The quantity of any consignment of Goods as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

2.15.2 We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 7 days of the date on when the Goods would in the ordinary course of events have been received.

2.15.3 Any liability of us for non-delivery of the Goods shall be limited to

a) replacing the Goods within a reasonable time; or
b) issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods; or
c) refunding you for the pro rata Contract rate against any invoice raised for such Goods.

2.16 Risk/title

2.16.1 The Goods are at the risk of you from the time when the Goods are transferred to a carrier for delivery or if you request a delay in delivery the risk shall transfer when the Goods are ready for delivery.

2.16.2 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:

a) the Goods; and
b) all other sums which are or which become due to us from you on any account.

2.16.3 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from us.

2.16.4 You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them,
or, where your right to possession has terminated, to recover them.

2.17 Price, payment, cancellations, charges and refunds

2.17.1 Unless otherwise agreed by us in writing, the price for the Goods and/or Services shall be the price set out in the Website as at the date of Order Confirmation except in cases of obvious error.

2.17.2 The Order Confirmation and/or Website will set out whether the price for the Goods includes or excludes any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance.

2.17.3 Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent an Order Confirmation to you.

2.17.4 The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. In the case of error we are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by yourself as a mis-pricing.

2.17.5 Payment in respect of an Order is due immediately once you have received the Order Confirmation and/or where communicated through the User Account within 48 hours of such message/notice being placed on the User Account. We will not commence the works until payment of the price set out in the Order Confirmation has been paid in full.

2.17.6 Payment for all Goods can be by bank transfer, credit or debit card or third party payment system provider such as Paypal, Worldpay, SOFORT Banking subject to these terms and conditions.

2.17.7 Any liability of us for non-delivery of the Goods shall be limited to:

a) Bank transfers will incur a flat rate charge of £0.00 (including VAT);
b) Credit card payments will incur a minimum charge of £5.40 (including VAT at the prevailing rate 20% £0.90) or 3% of the gross value (depending on the size
of the Order) of the Goods and Services purchased;
c) Third party service provider payments will incur a minimum charge of £4.80 (including VAT at the prevailing rate of 20% (£0.80) or 3% (depending on the size
of the Order) of the gross value of the Goods and Services purchased.
d) SOFORT Banking will incur a charge of £0.00 (including VAT)

2.17.8 We may request payment upfront if it deems appropriate in the circumstances to do so. This may be linked to the credit worthiness of you.

2.17.9 For payments made via credit card or by PayPal, you will receive an acknowledgement of payment from the payment processor, advising you whether or not the payment has been successful. This receipt of acknowledgment relates to your payment only and is not an acceptance of your order with us.

2.17.10 Where payment is made through a third party service provider and a dispute occurs between yourself and us which leads to a refund being made by the third party service provider to you, you should note that we reserve the right to pursue you through the courts (where appropriate and if necessary) for payment of the sums refunded by the third party service provider.

2.17.11 We will not process an Order until payment has been received.

2.17.12 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.

2.17.13 If you fail to pay us any sum due pursuant to the Contract, you shall be liable to pay interest us on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Natwest Bank Plc accruing on a daily basis until payment is made, whether before or after any judgment. We also reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

2.17.14 Any amendments to an Order shall incur the following charges:

a) before the Order Confirmation a charge of £ 18.00 (including VAT at the prevailing rate of 20% (£3.00) will be made;
b) after the Order Confirmation a charge of £18.00 (including VAT at the prevailing rate of 20% (£3.00) will be made;
c) before or after the Order Confirmation our standard charge rates in respect of any services or other additional work required as a result of any amendments
made by you. We will endeavour to advise you of such a charge before proceeding with the amendments.

2.17.15 Charges for attempting re-delivery of Goods shall be the standard delivery charges of Goods subject to any additional costs which may be incurred as a result of us in attempting re-delivery.

2.17.16 A flat rate charge of £24.00 (including VAT at the prevailing rate of 20% (£4.00) plus VAT will be made if you refuse to accept the Goods in addition to the price of the Goods, which will be due in accordance with these terms and conditions.

2.17.17 We will only consider a cancellation of an Order, prior to an Order Confirmation has been sent subject to payment of an Order Cancellation Fee.

2.17.18 Cancellation of an order is only valid in writing via e-mail, or by the online contact form and is only possible if the contractor has not received the artwork. If cancellation has been carried out by the Buyer, costs of the according payment method will remain. If the Contractor has already provided other benefits those fees will also be charged (e.g. file verification, proofs etc.). After receipt of artwork, cancellation is no longer possible, because the products are personalized and cannot be re-sold to a third party.

2.17.19 Refunds will only be processed in accordance with these terms and conditions and any requirements as may be set out on the Website.

2.18 Quality

2.18.1 We warrant that (subject to the other provisions of these terms and conditions) on delivery the Goods shall:

a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
b) be reasonably fit for purpose.

2.18.2 We shall not be liable for a breach of any of the warranties in condition unless:

a) You give prompt written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when you discover or ought to have discovered the defect; and
b) We are given a reasonable opportunity to examine such Goods in accordance with time limit specified in clause.

2.18.3 We shall not be liable for a breach of any of the warranties in condition if:

a) the defects are as a result from incorrectly submitting artwork and by you not following the procedures or advice given in the Website in particular warnings on
the Files being in a Print Ready Format; or
b) the defect arises because you failed to follow our oral or written instructions prior to following submission of the Files; or
c) You failed to monitor your online User Account; or
d) the defects relate to slight deviations in colour reproductions or other such minor and non material issues to the Goods.

2.18.4 Subject to condition and condition , if any of the Goods do not conform with warranties in condition we shall at our option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if we so request, you shall, return the Goods or the part of such Goods which is defective to us. We shall have no further liability.

2.18.5 If we comply with condition we shall have no further liability for a breach of any of the warranties in condition in respect of such Goods.

2.19 Limitation of liability

2.19.1 Subject to condition , condition and condition , the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:

a) any breach of these conditions, including any deliberate breach of these conditions by a party, or its employees, agents or subcontractors;
b) any use made or resale by you of any of the Goods, or of any product incorporating any of the Goods; and
c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

2.19.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

2.19.3 Nothing in these conditions excludes or limits the liability of PrintCarrier.com :

a) for death or personal injury caused by our negligence; or
b) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or
c) for fraud or fraudulent misrepresentation.

2.19.4 Subject to condition and condition :

a) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
b) We shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

2.19.5 We may also provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods, services, you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

2.20 Intellectual property rights

2.20.1 Unless you state in writing otherwise, you hereby authorise us to use and send out copy samples of your Goods to third parties for marketing and promotional purposes.

2.20.2 You undertake to defend us from and against any claim or action that the use or possession of any of the Files or Goods or any part of them infringes the intellectual property rights of a third party (IPR Claim) and shall fully indemnify and hold harmless PrintCarrier.com from and against any losses, damages, costs (including legal fees) and expenses incurred by or awarded against us as a result of or in connection with that IPR Claim. The indemnity contained in clause shall remain
in full force and effect notwithstanding any termination of this agreement.

2.20.3 Where we have provided creative services on behalf of yourself included but not limited to graphic designs, pictures, artwork, text marks, layouts you acknowledge and agree that we shall be the owner of such intellectual property and shall be under no obligation to provide Goods with the same graphic designs, pictures, artwork, text marks in any future Orders. We will consider any reasonable offer made by you to purchase such intellectual property from us.

2.21 Complaints
If you receive the Goods and are not satisfied with the Goods and you wish to make a complaint to us, we must receive the requested number of samples and other documentation (as set out in the complaints procedures on the Website) within 14 days of you receiving the Goods, otherwise the complaint will not be processed.


3. Import duty

3.1 If you order Goods from the Website for delivery outside the UK, you may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. You should contact your local customs office for further information before placing an order for the purchase of Goods. You should also check to see whether we offer the same service in such a country before proceeding with an order in the UK.
3.2 You must also comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

Disclaimer


1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.

3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicatethe copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.


PrintCarrier.com takes the protection of personal data very seriously. The protection of your privacy is very important to us.
You will find information about the use of data and our data protection principles.

Use of data Your personal details (delivery address, billing address and telephone etc.) are used by us solely for the purpose of your order. Any further use e.g. advertising purposes, without your express permission is out of the question.

Data protection, our principles. Our customers can get information about content and purpose of data processing at any time. If we have been given permission to use or transfer data for advertising purposes, this can be retracted at any time. Furthermore, data can be altered, blocked, or deleted on request.

SSL-encoding – Making online-shopping secure. To protect you as a customer, we use only proven encoding techniques. Your personal details are encoded (Secure Socket Layer) by means of SSL (hidden from third parties) and transmitted via internet. Because the SSL- security procedure is technically very comprehensive and may slow down the connection, the SSL-encodement is only activated during an order procedure. In this way, you can be sure that your personal details for example credit card nr. are only transferred to our server.

What does SSL-encoding mean? As soon as you reach our SSL-secure page, your browser will check our server-certificate. Using this data, the browser can tell whether or not it’s connected to the server designated by you. As soon as the verification has been successfully completed, your personal details will now be securely encoded and sent via a 128 bit-line across the internet.

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