- 1.1 Welcome to The Carly Press Limited website. If you continue to browse or use this website, you are agreeing to comply with and be bound by the following terms and conditions of use ("Terms") which govern our relationship with you.
- 1.2 If you disagree with any part of these Terms, please do not use our website.
- 1.3 The term ‘we' means The Carly Press Limited, the owner and operator of the website carlypress.co.uk (the "Website"), whose registered office is Charlton House, 32 High Street, Cullompton, Devon EX15 1AE and company registration number is 04743225 ("we", "us" and "our" refers to Carly Press).
- 1.4 Our VAT number is 634 3315 61.
- 1.5 The term "you" refers to the user or viewer of our Website.
(2) Licence to use our Website
- 2.1 We (or our licensors) own the intellectual property rights in the Website and the material on the Website.
- 2.1 You may view and print pages from the Website for your own personal use, providing you comply with the restrictions below.
- 2.2 You must not:
- (a) republish or re-use material from our Website;
- (b) sell, rent or license material from our Website; or
- (c) copy or exploit material on our Website for a commercial purpose.
(3) Acceptable use
- 3.1 You must not use our Website in any way that causes, or may cause, damage to the Website.
- 3.2 You must not use our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- 3.3 You must not use our quotation form, except to place genuine quotation requests.
(4) Price and timings
- 4.1 Our prices and delivery charges will be stated on the Website. However, it is always possible that prices or delivery charges may be generated incorrectly. We will therefore verify prices and delivery charges as part of our sale procedures, so that a correct price and delivery charge will be stated before your order is delivered.
- 4.2 Prices may vary subject to sight of your artwork.
- 4.3 The prices shown on the Website may or may not include UK value added tax. The VAT rate varies depending upon the type of products you purchase and may vary over time. If VAT is required on your order (even if this is not realised until after the bill has been paid), you as the customer are liable to pay the VAT in full before receiving your delivery. We will endeavour to inform you of the applicable VAT rate before we accept your order.
- 4.4 Prices are liable to change at any time, but any changes will not affect orders which have already been agreed.
- 4.5 Quotes are valid for 30 days.
- 4.6 We will use all reasonable efforts to deliver work on time, but any delivery day specified is an estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.
- 5.1 We will specify during the order process whether we require payment in advance or following completion of the work.
- 5.2 Where we require payment following completion of the work, we may invoice each order at any time after receipt of your order, and you agree to pay any such invoices within the agreed credit days following the date of the invoice.
- 5.3 Customer accounts will be subject to credit limits which we may vary from time to time in our absolute discretion.
- 5.4 Where we require payment in advance, payment must be made immediately at the time of your order.
- .5 Payment must be made in clear funds within the deadline stated on the invoice, without set-off or deduction.
- 5.6 We may withhold work and/or terminate our agreement with you, if the price is not received from you in full, on time, in cleared funds.
- 5.7 Payment for all work must be made by credit or debit card, cheque or bank transfer to the account that we notify to you.
(6) Delivery of goods
- 6.1 We will arrange for your work to be delivered to the address for delivery indicated in your order.
- 6.2 We will use reasonable endeavours to deliver work within 8 days of the date of confirmation of completion of your work. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries will be dispatched within 30 days of the later of receipt of payment and the date of confirmation of completion of your work.
- 6.3 Unless we expressly agree otherwise, we will only deliver work within the UK. Any international deliveries which we agree may be subject to customs clearance and local country restrictions may apply. We will not be responsible for any customs and excise charges that may occur from the import or export of your goods.
(7) Passing of title and risk
- 7.1 The goods will be at your risk from the time of delivery.
- 7.2 All goods, delivered or not, remain our property until payment is received in full. Until such time as payment is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment for such goods we may remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove them.
(8) Quantity variation
- 8.1 In accordance with normal industry standards, we shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
(9) Cancellation and refunds
- 9.1 We may choose to reprint any defective work, in which case we shall not be liable to make any refund.
- 9.2 If you wish to cancel an order, you will be liable to pay any costs incurred for work already carried out up to the date when written cancellation is received by us.
- 9.3 We reserve the right to cancel an order up to the point of delivery if it was based on wrong price due to an error.
- 9.4 Consumers will not have a right to cancel any order under the Consumer Protection (Distance Selling) Regulations 2000, because the products under this agreement are products which are made to the your specifications and/or clearly personalised.
- 10.1 Please check thoroughly your proof, as once approved it is deemed correct and ready to go to print, and are the responsibility of the customer.
- 10.2 We will not commence print until we have received a confirmation of approval.
(11) Defective products
- 11.1 If we agree that the products are not of satisfactory quality, or do not materially conform with your instructions or artwork, we may choose either:
- to reprint the work; or
- to provide you with a full refund (or a refund in regard to that part of the work which is defective).
- 11.2 Where you wish to make a claim of defective work, you must on our request return the defective products to us. If we agree that the products are not of satisfactory quality, we will refund the cost of returning the products (at the standard postal return rate).
- 11.3 Any claims for damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
- 11.4 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 10 working days of receipt of goods, otherwise such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
(12) Limitations of liability
- 12.1 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
- 12.2 To the extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Website and any work undertaken by us.
- 12.3 We are not liable for any indirect or consequential loss or damage arising, whether arising in tort, contract, or otherwise and we are not liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising.
- 12.4 Nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- 12.5 Except in relation to defects in the goods causing death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods or work undertaken.
- 12.6 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure.
- 12.7 You agree to indemnify us and hold us and our employees harmless from any claims, demands, liabilities or proceedings arising from any breach of third party rights in the printed material ordered, including but not limited to copyrights, and you will indemnify us in respect of any costs, expenses and fees, including but not limited to legal fees we may incur in connection with the above.
(13) Force majeure
- 13.1 We are not responsible for failure or delay in the carrying out of our obligations due to any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any circumstances outside our control and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
- 14.1 We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(15) Entire agreement
(16) Law and jurisdiction
- 16.1 This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.