Terms & Conditions
Terms of Sale – www.Yorkprintcompany.co.uk
This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products (“Products”) listed on our www.Yorkprintcompany.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site – in particular, our limit of liability at paragraph 14 below. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Should you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.
Information about us
Our site is operated by York Print Company (“we/us/our”) address is 97 Walmgate, York Y01 9UA.
Our VAT number is 270702425
Our site is operated by York Print Company (“we/us/our”). address is 97 Walmgate, York, YO1 9UA.
Our VAT number is 270702425.
General Terms & Conditions of Business
1.1 Graphic Design Quotes & Prices – York Print Company being the agency.
1.1.1. All quotes/estimates are valid for 30 days from the date of submission.
1.1.2. Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time.
1.1.3. Unless otherwise stated, photography, stock images, delivery, copywriting and VAT will be charged extra.
1.1.4. If the contract or hourly price has not been fixed for the term of a contract, our hourly rate of £60 will apply.
1.1.5. The Agency reserves the right to alter the hourly rate at any time as business needs dictate.
1.1.6. Quotes/estimates are based on the Agency’s current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
1.1.7. Any estimates given by The Agency as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.
1.1.8. Any stated timescale is reliant upon the client providing all required information/copy/images within the time set out at project initiation.
1.2.1. The Agency reserves the right to sub-contract the fulfilment of an order or any part thereof.
1.2.2. Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. All images need to be supplied as EPS illustrator vectors for logos and Photoshop tiffs (300dpi min) for pictures. Any logos that need to be re-drawn will be charged extra at our hourly rate. All supplied images requiring scanning or alterations to be charged at £20 per image. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.
1.2.3. Should the Client supply text, artwork or images, the Agency is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.
1.2.4. The Agency shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
1.2.5. Origination and/or conceptual work and any copyright subsisting therein shall remain the property of the Agency unless otherwise agreed in writing with the Client.
1.2.6. The Client’s property and property supplied to the Agency on behalf of the Client, while it is in the possession of the Agency or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.
1.2.7. The Agency may charge rent for storage of goods retained at Client’s request, or items left with the Agency before receipt of the order or after notification to the Client of completion of the work.
1.2.8. When required to expedite project delivery ahead of the time needed for proper production of a given deadline, the Agency shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.
1.2.9. The Agency shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
1.3 Invoices & Payment
1.3.1. Payment must be made no more than 30 days after date of invoice unless otherwise agreed in writing in advance.
1.3.2. We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.
1.3.3. All work remains copyrighted to the Agency until settlement of relevant fee account.
1.3.4. All invoices are subject to UK VAT at the current rate, unless a valid exemption certificate is provided.
1.3.5. All payments must be in UK Pounds Sterling.
1.3.6. All work completed after project inception will be billed as it is completed at the end of every calendar month as Work in Progress (WIP) until the conclusion of the project.
1.3.7. If the Agency incurs any costs as a result of the Client’s neglect or default, the Agency may charge those costs to the Client in addition to the contract price.
1.3.8. The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise. A 50% rejection fee is applicable on all designs executed by the Agency should the Client cancel their contract/order.
1.3.9. When payment is overdue, the Agency may suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
1.3.10. The Agency may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.
1.3.11. If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50 for each occurrence.
1.4.1. Proofs, pull samples, specimens, sketches, photographs, links or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.
1.4.2. Colour proofing is chargeable at £ per A3 sheet and £2 per A4 sheet. Mono proofing is chargeable at £2 per A3 sheet and £1 per A4 sheet. Any free print proofs are provided from digital machines that do not have the capability to match colours exactly and there for cannot be used for colour matching or colour consistency and should only be used as a rough guide.
1.4.3. After approval the Client shall have no claim against the Agency for errors in the exemplar as approved by them.
1.5.1. If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, the Agency without prejudice to other remedies shall:
220.127.116.11. Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to him.
18.104.22.168. In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
1.6 Force Majeure
1.6.1. The Agency shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Agency elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.
1.7 Information Provided by You
1.7.1. You warrant that the name, address and payment information provided when you place your order with the Agency will be correct and you agree to notify the Agency of any changes in the name, address and/or payment details.
1.7.2. You agree that the Agency may disclose your name and address where any enquiries are made.
1.7.3. You warrant that you possess the legal right and ability to enter into this Agreement and to use the Agency’s services in accordance with this Agreement.
1.8.1. You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non- observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.
1.8.2. The Agency will notify you promptly of any claim for which the Agency seeks specific indemnification at the currently supplied address. The Agency will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to the Agency’s interests, as reasonably determined by the Agency and/or its legal representatives.
1.9 Limitation of Liability
1.9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, are subject always to sub clause 1.9.2.
1.9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
1.9.3. In any event, no claim against the Agency shall be brought unless you have notified the Agency of the claim within one year of the issue arising.
1.9.4. In no event shall the Agency be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Agency’s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by the Agency.
1.9.5. The Agency warrants that its services will be provided using reasonable care and skill. Where the Agency supplies any goods supplied by a third party, the Agency does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to the Agency.
1.10 General Terms
10.1. These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts.
1.10.2. The Agency shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
1.10.3. All quotes/estimates, briefs and other Client/Agency documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
1.10.4. These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between the Agency and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between the Agency and the Client in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressly made in this Agreement.
1.10.5. Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.
1.10.6. Headings, numbering and summaries are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
1.10.7. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Agency as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of the Agency. You agree that the Agency will not be liable by reason of any representation, act or omission to act by you.
1.10.8. The Agency reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
1.10.9. If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.
1.10.10. This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.
1.10.11. You shall not assign this Agreement or any benefits or interests arising under this Agreement without the Agency’s prior written permission.
2. YOUR STATUS
2.1 To purchase from our site you must purchase instore or use our shopify store to order online. We reserve the right to remove accounts for any buyers found to be reselling. On account removal, any active orders will be refunded and will not be processed.
2.2 In addition to paragraph 2.1 above, by placing an order through our site you warrant that:
2.2.1 you are legally capable of entering into binding contracts; and
2.2.2 you are at least 18 years old.
2.3 If you are placing an order through our site on behalf of a business, you warrant that you have the necessary authority from that business to place the order.
2.4 You agree only to provide a third party’s personal information if they have given you express consent to use it in respect of the Products you have ordered.
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. Any Graphic design work.
3.2 As all of the Products will be made to your specification or will be personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order. If, however, an order is incorrectly placed, please contact us as soon as possible by telephone at 01904 623399. If your order has not yet been submitted to print, we may (at our sole discretion) allow you to cancel the order and issue a refund to you to enable you to place re-order the Products. However, if the order has been submitted to print, we will be unable to issue such cancellation.
3.2 We take payment at the time that you place an order with us. If you are making payment to us by BACS in accordance with paragraph 12 below, the order will not be processed until the payment has cleared in full into our account. This will usually be 3-5 days from the date that you send the payment. You will then receive the Order Confirmation from us.
4. USE OF OUR DESIGNS
4.1 Our site and all intellectual property rights therein (including all text, imagery, template designs, trade names and logos) are owned by, or licensed to, us. Subject to paragraph 4.2 below, you may use our site and the template designs for the purpose of creating Products and placing orders, but such use shall not transfer ownership of any part of our site or our intellectual property rights to you.
4.2 If you wish to use any of our template designs on our site/email or instore in creating your Products, you will need to pay us the appropriate fee agreed at the time.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
5.1 Whenever you make use of a feature that allows you to upload material to our site (“Your Material”) you must comply with the content standards set out in paragraphs 5.2 and 5.3 below (“Content Standards”). If Your Material does not comply with those Content Standards, you shall indemnify us for any losses, damages, claims and other expenses we may incur as a result of such breach.
5.2 Your Material must:
5.2.1 be accurate (where it states facts);
5.2.2 be genuinely held (where it states opinions); and
5.2.3 comply with the law applicable in England and Wales and in any country from which it is uploaded.
5.3 Your Material must not:
5.3.1 be defamatory of any person;
5.3.2 be obscene, offensive, hateful or inflammatory;
5.3.3 promote sexually explicit material;
5.3.4 promote violence;
5.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.3.6 infringe any intellectual property rights of any third party. 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 intellectual property rights;
5.3.7 be likely to deceive any person;
5.3.8 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.3.9 promote any illegal activity;
5.3.10 be in contempt of court;
5.3.11 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
5.3.12 be likely to harass, upset, embarrass, alarm or annoy any other person;
5.3.13 impersonate any person, or misrepresent your identity or affiliation with any person;
5.3.14 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
5.3.15 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
5.4 We have the right to remove any of Your Material if, in our opinion, Your Material does not comply with the Content Standards. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.5 In addition to complying with the Content Standards, you agree that all of Your Material uploaded by you onto our site will be done at your own risk. You must retain a copy of Your Material that you upload. We expressly exclude all liability for any uploaded Your Material which is lost or damaged during or after the uploading process.
5.6 Failure to follow our site’s preparatory instructions for uploading Your Material may result in Products of poor quality. Please review these instructions carefully. We accept no responsibility for poor quality Products in those circumstances. You are further advised to review paragraph 6 below regarding Product approvals.
5.8 Nothing in these terms and conditions shall transfer ownership of Your Material or any personalisation of our template designs to us or to any third party. You will continue to own all of Your Material and any personalisation that you may create through our site.
6.1 Prior to producing the Products, we make an electronic proof or email a PDF proof of the Product/design 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 nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2 Your statutory rights are not excluded, limited or otherwise affected by these terms and conditions.
6.3 Design Proofs will come via Email. The proof is for viewing and signing off, please check all text for errors because once we have sign-off, we will proceed to print. Design service includes three proofs (version 1, 2 and 3). Any further amends will incur an extra £5 charge per email proof.
6.4 Design service includes three proofs (version 1, 2 and 3). Any further amends will incur an extra £5 charge per email proof.
7. AVAILABILITY AND DELIVERY & COLLECTION
7.1 Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process. We do not offer international delivery at this time. Goods can be collected free of charge from our York store in our normal working hours.
7.2 Goods can be collected free of charge from our York store in our normal working hours.
7.3 Working days are Monday to Friday, excluding UK Bank Holidays.
7.4 All Products will require signature upon delivery. If anyone other than the intended recipient signs for the Product and the Product is subsequently not delivered to the intended recipient, we will incur no liability provided that the Product was delivered to the address provided by you as part of your order.
7.5 Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for.
7.6 An individual part is classed as a stand-alone product that may be sold in packages (e.g. in 1000 letterheads an individual part is 1 letterhead). We use our best efforts to deliver all parts to you in one package, but from time to time we may be unable to do so. In that circumstance we will update you by email and will arrange for separate deliveries.
7.7 Where delivery is delayed due to exceptional circumstances or a Force Majeure Event (please see paragraph 19 below), we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.
7.8 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 and we will hold these for 5 working days. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us regarding re-despatch within 5 working days, we may recycle the Products at our option and you will need to place a new order with us if the Products are still required.
8.1 You must notify us within 10 days of the date that the Products were dispatched of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. You should notify us by telephone at 01904623399 or email at email@example.com. If you notify us after 10 days, paragraph 15.2 below shall apply.
8.2 The earliest date we can claim against a courier for non-delivery is 15 working days from the date of despatch. We cannot process a reprint or refund before this time.
8.3 Once you have notified us in accordance with paragraph 8.2, we will send you a form to complete and return to us. Once the form is received we will either redeliver Products (or re-printed Products) to you at no further cost or expense to you or offer a refund.
9.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. However, you acknowledge that variations in respect of quantities are inherent within the printing industry.
9.3 Our liability in respect of shortages are as follows:
Quantities ordered/Refund calculated on a pro rata basis
Shortage of up to a maximum of 5% will be refunded at 5% of the job cost.
9.4 All refunds or re-prints shall be issued within 7 working days from the date of notification of an incorrect quantity.
9.5 All overages may be kept by you at no additional cost.
10.1 The images of Products and template designs on our site are for illustrative purposes only.
10.2 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.
10.3 We cannot be held responsible or liable for colour variance on an order that has been printed with us, regardless of when it was printed. However, if you are not happy with the Product that you have received, we may at our discretion offer a reprint or a refund. We are not liable to offer both.
10.4 For a folded leaflet and/or booklet, our tolerance is 1.5mm from the fold line as marked on your proof.
10.5 Please be aware there is also a 0.5mm off centre tolerance for trimming on some Products – for business cards, for example, the tolerance on trimming is 1mm.
10.6 The packaging of your Products may vary from that shown on images on our site.
10.7 If you wish to add any additional finishing tolerances, you can do so when completing your order process using our site. If the additional finishing tolerances are at an additional cost, these will be set out on our site.
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We sell a large number of Products through our site and it is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
12.2 Prices include delivery and VAT unless the Product is generally zero-rated for VAT (this will generally depend upon which Product you order from us). In this case, we will contact you if VAT becomes payable. If you do not wish to proceed with the order and pay VAT, you may cancel the order and we will issue a full refund to you.
12.3 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.
12.4 You may pay for Products using cash (instore) debit or credit card.
12.5 If you have been quoted for a bespoke price please note this quote is subject to change after 30 days from the date specified on the quote.
12.6 Please note that voucher/discount codes cannot be used against a quote.
13. OUR REPLACEMENT POLICY
13.1 If you believe that a Product is defective, we may request that you return the product for our examination.
13.2 Our liability in respect of misprints are as follows;
No credit awarded
Refund calculated on a pro rata basis
Defective Products replaced
Misprints of up to 5%
Misprints of between 6% to 20% inclusive
Misprints of 21% and over
Misprints of up to 5%
Misprints of between 6% to 7% inclusive
Misprints of 8% and over
Misprints of up to 3%
Misprints of between 4% to 7% inclusive
Misprints of 8% and over
Misprints of up to 2%
Misprints of between 3% to 4% inclusive
Misprints of 5% and over
14. OUR LIABILITY
14.1 Subject to paragraph 14.2 below, 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.
14.4 Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15.1 Claims for damage, shortages or non-delivery must be advised by telephone at 01904 623399 5026 or email at firstname.lastname@example.org within 15 days from the date that the Products were despatched.
15.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 15.1 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.
16. WRITTEN COMMUNICATIONS
17.1 You must give notice to York Print Compnay 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 16. Notice will be deemed received and properly served:
17.1.1 within 1 working day when given electronically; and
17.1.2 3 working days after the date of posting of any letter when served by post.
17.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The Contract is binding on you and us and on our respective successors and assigns.
18.2 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.
18.3 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.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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”).
19.2 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:
19.2.1 Strikes, lock-outs or other industrial action;
19.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 Impossibility of the use of public or private telecommunications networks; and
19.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
19.3 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.
20.1 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.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 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.
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.
22. ENTIRE AGREEMENT
22.1 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.
22.2 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.
22.3 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.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 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).
24. THIRD PARTY RIGHTS
The Contract is between you and us. No other person has any rights to enforce any of its terms.
25. LAW AND JURISDICTION
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 exclusive jurisdiction of the courts of England and Wales