Terms & Conditions

Terms & Conditions

1. Information about us

www.tradedigitalprintuk.co.uk is a web site operated by AKA Digital Ltd. AKA Digital Ltd are registered in England and Wales under company number 07114734 with its registered office and trading address at Unit 8, Thesiger Close, Worthing BN11 2RN. Our VAT number is 982 5497 69.

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 Tradedigitalprintuk.co.uk . 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 Any quotation is valid for a period of 7 days only from its date, provided that we have not previously withdrawn it.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 Description
2.11.1 The quantity and description of the Goods shall be as set out in our Order Confirmation.
2.11.2 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.

2.12 Avoiding problems
2.12.1 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. 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.
2.12.2 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.
2.12.3 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 Delivery
2.13.1 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.
2.13.2 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. 
2.13.3 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); and
d) We may dispose of the Goods, without prejudice to any payment obligations placed upon you under this Contract.
2.13.4 You shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.
2.13.5 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 Non-delivery
2.14.1 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.
2.14.2 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.
2.14.3 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.

2.15 Risk/title 
2.15.1 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.
2.15.2 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.
2.15.3 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 Price, payment, cancellations, charges and refunds
2.16.1 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.
2.16.2 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.
2.16.3 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.
2.16.4 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.
2.16.5 Payment in respect of an Order is due immediately. We will not commence the works until payment of the price set out in the Order Confirmation has been paid in full.
2.16.6 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.
2.16.7 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. 
2.16.8 We will not process an Order until payment has been received.
2.16.9 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.
2.16.10 Any amendments to an Order shall incur 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.
2.16.11 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.
2.16.12 We will only consider a cancellation of an Order after an Order Confirmation has been sent subject to payment of an Order Cancellation Fee.
2.16.13 Cancellations to Orders by you after an Order Confirmation has been sent and payment for the goods received, you will be subject to a cancellation fee. The cancellation fee will consist of a £10 administration fee.
2.16.14 Refunds will only be processed in accordance with these terms and conditions and any requirements as may be set out on the Website.

2.17 Quality
2.17.1 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.
2.17.2 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.
2.17.3 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) the defects relate to slight deviations in colour reproductions or other such minor and non material issues to the Goods.
2.17.4 Subject to 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.
2.17.5 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.

2.18 Limitation of liability
2.18.1 Subject to 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.
2.18.2 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.
2.18.3 Nothing in these conditions excludes or limits the liability of Tradedigitalprintuk.co.uk : 
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.
2.18.4 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 Intellectual property rights
2.19.1 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.
2.19.2 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 Tradedigitalprintuk.co.uk 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.
2.19.3 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.

2.20 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 within 14 days of you receiving the Goods, otherwise the complaint will not be processed.