Termsof Sale – www.ostrich-print.com
Thispage (together with the documents referred to in it) sets out theterms and conditions on which we supply any of the products("Products")listed on our website www.ostrich-print.co.uk ("oursite")to you. Please read these terms and conditions carefully beforeordering any Products from our site – in particular, our limit ofliability at paragraph 14 below. You understand that by ordering anyof our Products, you agree to be bound by these terms and conditions.
Shouldyou wish to print a copy of these terms and conditions for futurereference, press ctrl + p to do so.
1.INFORMATION ABOUT US.
Oursite is operated by Ostrich Media Management Ltd ("we/us/our").We are registered in England and Wales under company number 9221401and our registered address Elizabeth House, 13-19 London Road,Newbury, Berkshire RG14 1JL. Our VAT number is 220706938.
2.1 To purchase from our site you must have a valid Ostrich Printaccount, which you can register for using our site.
2.2 In addition to paragraph 2.1 above, by placing an order through oursite you warrant that:
2.2.1 you are legally capable ofentering 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 businessto place the order.
2.4 You agree only to provide a third party’s personal information ifthey have given you express consent to use it in respect of theProducts you have ordered.
3.1 Your orderconstitutes an offer to us to buy a Product or Products. All ordersare subject to acceptance by us, and we will confirm such acceptanceto you by electronic notification at the end of the ordering process(the "OrderConfirmation").We are unable to issue an Order Confirmation until such time as theordering process is complete. The contract between us ("Contract")will only be formed when we send you the Order Confirmation. Once theContract has been formed, the terms of the Contract cannot be variedwithout our prior written consent.
3.2 As all of theProducts will be made to your specification or will be personalisedby you, you will not have any right to cancel the supply of any ofthe Products once you have placed an order. If, however, an order isincorrectly placed, please contact us as soon as possible bytelephone at 01635 81044 or email at firstname.lastname@example.org. Ifyour order has not yet been submitted to print, we may (at our solediscretion) allow you to cancel the order and issue a refund to youto enable you to place re-order the Products. However, if the orderhas been submitted to print, we will be unable to issue suchcancellation.
3.2 We takepayment at the time that you place an order with us. If you aremaking payment to us by BACS in accordance with paragraph 12 below,the order will not be processed until the payment has cleared in fullinto our account. This will usually be 3-5 days from the date thatyou send the payment. You will then receive the Order Confirmationfrom us.
4.USE OF OUR DESIGNS
4.1 Our site andall intellectual property rights therein (including all text,imagery, template designs, trade names and logos) are owned by, orlicensed to, us. Subject to paragraph 4.2 below, you may use our siteand the template designs for the purpose of creating Products andplacing orders, but such use shall not transfer ownership of any partof our site or our intellectual property rights to you.
4.2 If you wish to use any of our template designs on our site increating your Products, you will need to pay us the appropriate feeas advertised on our site from time to time. We shall then grant toyou a royalty-free, non-exclusive, perpetual, non-transferablelicence for you to use that template design in your advertising andmarketing material (such as vans and signage) and business stationeryas part of a Product PROVIDED that you do not use the template designon any product intended for sale or resale by you.
5.MATERIAL AND INFORMATION PROVIDED BY YOU
5.1 Whenever youmake use of a feature that allows you to upload material to our site(“YourMaterial”)you must comply with the content standards set out in paragraphs 5.2and 5.3 below (“ContentStandards”).If Your Material does not comply with those Content Standards, youshall indemnify us for any losses, damages, claims and other expenseswe 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 anycountry 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 havethe right to disclose your identity to any third party claiming thatany material uploaded by you to our site constitutes a violation oftheir 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 contractualduty 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 causeannoyance, inconvenience or needless anxiety;
5.3.12 be likely to harass, upset, embarrass, alarm or annoy any otherperson;
5.3.13 impersonate any person, or misrepresent your identity or affiliationwith any person;
5.3.14 advocate, promote, incite any party to commit, or assist any unlawfulor criminal act such as (by way of example only) copyrightinfringement or computer misuse; or
5.3.15 contain a statement which you know or believe, or have reasonablegrounds for believing, that members of the public to whom thestatement is, or is to be, published are likely to understand as adirect or indirect encouragement or other inducement to thecommission, preparation or instigation of acts of terrorism.
5.4 We have theright to remove any of Your Material if, in our opinion, YourMaterial does not comply with the Content Standards. You will receivea full refund of any sums already paid for an order we do not fulfil.
5.5 In addition tocomplying with the Content Standards, you agree that all of YourMaterial 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 expresslyexclude all liability for any uploaded Your Material which is lost ordamaged during or after the uploading process.
5.6 Failure tofollow our site's preparatory instructions for uploading YourMaterial may result in Products of poor quality. Please review theseinstructions carefully. We accept no responsibility for poor qualityProducts in those circumstances. You are further advised to reviewparagraph 6 below regarding Product approvals.
5.8 Nothing in these terms and conditions shall transfer ownership ofYour Material or any personalisation of our template designs to us orto any third party. You will continue to own all of Your Material andany personalisation that you may create through our site.
6.1 Prior to producing the Products, we make an electronic proof of theProduct available for your approval. You are responsible forapproving these proofs. You accept that once you have approved theproof, the Products cannot be changed nor cancelled. We shall have noliability to you for any errors in the proof subsequently discoveredby you.
6.2 Your statutoryrights are not excluded, limited or otherwise affected by these termsand conditions.
6.3 If YourMaterial is submitted to us before 1pm, we will be able to set up aproof of the Product for you before 5pm. If Your Material issubmitted to us after 1pm, we cannot guarantee a proof of the Productbefore 5pm.
6.4 If you do notrequire a proof on the Product but have submitted Your Material tous, you must submit this before 3pm to ensure that it goes to printthat day.
7.AVAILABILITY AND DELIVERY
7.1 Unless thereare exceptional circumstances, your Products will be despatched fordelivery in accordance with the delivery service chosen by you duringthe ordering process. We do not offer international delivery at thistime, but we will update our site if we can offer this service in thefuture.
7.2 Unlessotherwise stated on our site, we have 4 turnaround options (dependingon the product and quantity) - 1 working day, 2 working days, 3-4working days and 7-10 working days. This relates to production timeand does not include the delivery day. We use DPD to deliver allProducts and these are sent on a Next Day Service excludingInverness, Highlands, Northern Ireland, Isle of Man, Isle of Wight,Paisley and Aberdeen which will be delivered on a Two Day Service.The turnaround dates are estimates and cannot be guaranteed.
7.3 Working daysare Monday to Friday, excluding UK Bank Holidays.
7.4 All Productswill require signature upon delivery. If anyone other than theintended recipient signs for the Product and the Product issubsequently not delivered to the intended recipient, we will incurno liability provided that the Product was delivered to the addressprovided by you as part of your order.
7.5 Delivery iscomplete once the Products have been unloaded at the address fordelivery set out in your order and signed for.
7.6 An individual part is classed as a stand-alone product that may besold in packages (e.g. in 1000 letterheads an individual part is 1letterhead). We use our best efforts to deliver all parts to you inone package, but from time to time we may be unable to do so. In thatcircumstance we will update you by email and will arrange forseparate deliveries.
7.7 Where deliveryis delayed due to exceptional circumstances or a Force Majeure Event(please see paragraph 19 below), we will process the delivery as soonas we reasonably can and will keep you updated regarding this byemail. We will have no liability to you in that circumstance.
7.8 Where deliveryis not possible as a result of us being provided with the incorrectdelivery address details, our delivery service will return theProducts to us and we will hold these for 5 working days. We reservethe right to make an additional delivery charge for re-despatch ofthe Products to the correct delivery address. If you have notcontacted us regarding re-despatch within 5 working days, we mayrecycle the Products at our option and you will need to place a neworder with us if the Products are still required.
8.1 You mustnotify us within 30 days of the date that the Products weredispatched of any failure on our part to deliver the Products inorder that we can investigate the failure and take appropriateaction. You should notify us by telephone at 01635 581044 or email email@example.com. If you notify us after 30 days, paragraph15.2 below shall apply.
8.2 The earliestdate we can claim against DPD for non-delivery is 15 working daysfrom the date of despatch. We cannot process a reprint or refundbefore this time.
8.3 Once you havenotified us in accordance with paragraph 8.2, we will send you a formto complete and return to us. Once the form is received, we willeither redeliver Products (or re-printed Products) to you at nofurther cost or expense to you or offer a refund.
9.1 All reasonableendeavours will be made to deliver the correct quantity of Productsordered by you. However, you acknowledge that variations in respectof quantities are inherent within the printing industry.
9.3 Our liabilityin respect of shortages are as follows:
|Quantities ordered||No credit awarded||Refund calculated on a pro rata basis||Missing quantities replaced|
|25-100||Shortage of up to 5%||Shortage of between 6% to 20% inclusive||Shortage of 21% and over|
|101-1000||Shortage of up to 5%||Shortage of between 6% to 7% inclusive||Shortage of 8% and over|
|1001-5000||Shortage of up to 3%||Shortage of between 4% to 7% inclusive||Shortage of 8% and over|
|5001&over||Shortage of up to 2%||Shortage of between 3% to 4% inclusive||Shortage of 5% and over|
9.4 All refunds orre-prints shall be issued within 7 working days from the date ofnotification of an incorrect quantity.
9.5 All overages may be kept by you at no additional cost.
10.1 The images of Products andtemplate designs on our site are for illustrative purposes only.
10.2 You accept that variations in colours are inherent within theprinting process for files submitted. You also understand and acceptthat computer hardware set ups are such that we cannot guarantee thatthe Product colours will match those displayed on your computerscreen during the ordering process.
10.3 We cannot be heldresponsible or liable for colour variance on an order that has beenprinted with us, regardless of when it was printed. However, if youare not happy with the Product that you have received, we may at ourdiscretion offer a reprint or a refund. We are not liable to offerboth. Please contact us by telephone at 01635 581044 or email firstname.lastname@example.org if you wish to discuss this further withus.
10.4 For a folded leafletand/or booklet, our tolerance is 1.5mm from the fold line as markedon your proof.
10.5 Please be aware there isalso a 0.5mm off centre tolerance for trimming on some Products - forbusiness cards, for example, the tolerance on trimming is 1mm.
10.6 The packaging of your Products may vary from that shown on images onour site.
10.7 If you wish to add any additional finishing tolerances, you can do sowhen completing your order process using our site. If the additionalfinishing tolerances are at an additional cost, these will be set outon our site.
11.RISK AND TITLE
11.1 The Products will be atyour risk from the time of delivery.
11.2 Ownership of the Productswill pass to you on delivery.
12.PRICE AND PAYMENT
12.1 The price of any Productswill be as quoted on our site from time to time, except in cases ofobvious error. We sell a large number of Products through our siteand it is always possible that, despite our best efforts, some of theProducts on our site may be incorrectly priced. If we discover anerror in the price of the Products you have ordered we will contactyou to inform you of this error and we will give you the option ofcontinuing to purchase the Products at the correct price orcancelling your order. We will not process your order until we haveyour instructions. If we are unable to contact you using the contactdetails you provided during the order process, we will treat theorder as cancelled and will notify you. If we mistakenly accept andprocess your order where a pricing error is obvious and unmistakeableand could reasonably have been recognised by you as a mispricing, wemay cancel supply of the Products and refund you any sums you havepaid.
12.2 Prices include delivery and VAT unless the Product is generallyzero-rated for VAT (this will generally depend upon which Product youorder from us). In this case, we will contact you if VAT becomespayable. 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 tochange at any time, but changes will not affect orders in respect ofwhich we have already sent you an Order Confirmation.
12.4 You may pay for Productsusing PayPal, any debit or credit card or (if the order is over£100.00 exc. VAT) by BACS transfer.
12.5 If you have been quotedfor a bespoke price please note this quote is subject to change after7 days from the date specified on the quote
12.5 Please note thatvoucher/discount codes cannot be used against a quote.
13.OUR REPLACEMENT POLICY
13.1 If you believe that aProduct is defective, we may request that you return the product forour examination.
13.2 Our liability in respectof misprints are as follows;
|Quantities ordered||No credit awarded||Refund calculated on a pro rata basis||Defective Products replaced|
|25-100||Misprints of up to 5%||Misprints of between 6% to 20% inclusive||Misprints of 21% and over|
|101-1000||Misprints of up to 5%||Misprints of between 6% to 7% inclusive||Misprints of 8% and over|
|1001-5000||Misprints of up to 3%||Misprints of between 4% to 7% inclusive||Misprints of 8% and over|
|5001&over||Misprints of up to 2%||Misprints of between 3% to 4% inclusive||Misprints of 5% and over|
14.1 Subject to paragraph 14.2below, our liability in connection with any Product purchased throughour site is strictly limited to the purchase price of that Product(including delivery costs).
14.2 We do not exclude or limitin any way our liability:
14.2.1 for death or personal injury caused by ournegligence;
14.2.2 under section 2(3) of the Consumer Protection Act1987;
14.2.3 for fraud or fraudulent misrepresentation; or
14.2.4 for any matter for which it would be illegal forus to exclude, or attempt to exclude, our liability.
14.3 Whether caused by ournegligence, breach of contract or breach of duty, we exclude allliability for:
14.3.1 any direct loss of income or revenue, loss ofbusiness, 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 ofany kind however arising, even if foreseeable.
14.4 Except as expressly stated in these terms and conditions, we do notgive any representations, warranties or undertakings in relation tothe Products. Any representation, condition or warranty which mightbe implied or incorporated into these terms and conditions bystatute, common law or otherwise is excluded to the fullest extentpermitted by law. In particular, we will not be responsible forensuring that the Products are suitable for your purposes.
15.1 Claims for damage,shortages or non-delivery must be advised by telephone at 01635581044 or email at email@example.com within 30 days from thedate that the Products were despatched.
15.2 We shall not be liable inrespect of any claim unless we are notified in accordance withparagraph 15.1 except where you demonstrate to our reasonablesatisfaction that it was not possible to comply with this requirementand your claim was made by you as soon as reasonably possiblethereafter.
17.1 You must give notice toOstrich Media Management Ltd either at its registered office byregistered post at your cost, or electronically using the messagingfacility on our site. We may give notice to you at either the e-mailor postal address you provide to us when placing an order, or in theway specified in paragraph 16. Notice will be deemed received andproperly served:
17.1.1 within 1 working day when given electronically;and
17.1.2 3 working days after the date of posting of anyletter when served by post.
17.2 In proving the service ofany notice, it will be sufficient to prove that such notice wasproperly addressed and sent.
18.TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The Contract is binding onyou 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 yourrights or obligations arising under it, without our prior writtenconsent.
18.3 We may transfer, assign,charge, sub-contract or otherwise dispose of a Contract, or any ofour rights or obligations arising under it, at any time during theterm of the Contract.
19.EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable orresponsible for any failure to perform, or delay in performance of,any of our obligations under a Contract that is caused by eventsoutside our reasonable control (“ForceMajeure Event”).
19.2 A Force Majeure Eventincludes any act, event, non-happening, omission or accident beyondour reasonable control and includes in particular (withoutlimitation) the following:
19.2.1 Strikes, lock-outs or other industrial action;
19.2.2 Civil commotion, riot, invasion, terrorist attackor threat of terrorist attack, war (whether declared or not) orthreat 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 privatetransport;
19.2.5 Impossibility of the use of public or privatetelecommunications networks; and
19.2.6 The acts, decrees, legislation, regulations orrestrictions of any government.
19.3 Our performance under anyContract is deemed to be suspended for the period that the ForceMajeure Event continues, and we will have an extension of time forperformance for the duration of that period. We will use ourreasonable endeavours to bring the Force Majeure Event to a close orto find a solution by which our obligations under the Contract may beperformed despite the Force Majeure Event.
20.1 If we fail, at any timeduring the term of a Contract, to insist upon strict performance ofany of your obligations under the Contract or any of these terms andconditions, or if we fail to exercise any of the rights or remediesto which we are entitled under the Contract, this shall notconstitute a waiver of such rights or remedies and shall not relieveyou from compliance with such obligations.
20.2 A waiver by us of anydefault shall not constitute a waiver of any subsequent default
20.3 No waiver by us of any ofthese terms and conditions shall be effective unless it is expresslystated to be a waiver and is communicated to you in writing inaccordance with paragraph 17 above.
Ifany of these terms and Conditions or any provisions of a Contract aredetermined by any competent authority to be invalid, unlawful orunenforceable to any extent, such term, condition or provision willto that extent be severed from the remaining terms, conditions andprovisions which will continue to be valid to the fullest extentpermitted by law.
22.1 These terms and conditionsand any document expressly referred to in them represent the entireagreement between us in relation to the subject matter of anyContract and supersede any prior agreement, understanding orarrangement between us, whether oral or in writing.
22.2 We each acknowledge that,in entering into a Contract, neither of us has relied on anyrepresentation, undertaking or promise given by the other or beimplied from anything said or written in negotiations between usprior to such Contract except as expressly stated in these terms andconditions.
22.3 Neither of us shall haveany 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 otherparty's only remedy shall be for breach of contract as provided inthese terms and conditions.
23.OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right torevise and amend these terms and conditions from time to time.
23.2 You will be subject to thepolicies and terms and conditions in force at the time that you orderProducts from us, unless any change to those policies or these termsand conditions is required to be made by law or governmentalauthority (in which case it will apply to orders previously placed byyou), or if we notify you of the change to those policies or theseterms and conditions before we send you the Order Confirmation (inwhich case we have the right to assume that you have accepted thechange to the terms and conditions, unless you notify us to thecontrary within seven working days of receipt by you of theProducts).
24. THIRD PARTY RIGHTS
TheContract is between you and us. No other person has any rights toenforce any of its terms.
25.LAW AND JURISDICTION
Contractsfor the purchase of Products through our site will be governed by thelaws of England and Wales. Any dispute arising from, or related to,such Contracts shall be subject to the exclusive jurisdiction of thecourts of England and Wales
AtOstrich Print we want to ensure that all calls are dealt with in aconsistently professional manner and, therefore, calls may berecorded for training, quality and monitoring purposes. You will alsobe advised of this at the start of each call that you may have withus. If you do not consent to such recording, please let us know andwe will either remove the recording from our calls with you or wewill contact you by other means.
27.1Under the Political Parties, Elections and Referendums Act 2000,there are rules about putting imprints on printed election materialsthat printers and persons purchasing printed materials to be used inelections must comply with.
27.2Election material is published material such as leaflets and advertsthat can reasonably be regarded as intended to influence voters tovote for or against a political party or a category of candidates atrelevant elections.
27.3Relevant elections are: Scottish Parliamentary elections, NationalAssembly of Wales elections, UK Parliamentary general elections andEuropean Parliamentary elections.
27.4Imprints are information that is added to election material to showwho is responsible for its production and publication. It helps toensure that there is transparency about who is campaigning.
27.5An Imprint must include the name and address of the printer, thepromoter and any person on behalf of whom the material is beingpublished (and who is not the promoter). The promoter is the personwho has caused the material to be published. If the promoter isacting on behalf of a group or organisation, the group ororganisation’s name and address must be included.
Anexample imprint could look like:
Printedby: Ostrich Print Ltd
Promotedby “Your Organisation Name, Your Organisation Address.”
OnBehalf of “Individual or Party being promoted, Their Address” (Ifthe promoter is different from the Party or Individual beingpromoted).
27.6The imprint must be clear and visible, this means that if yourmaterial is a single sided document you must put the imprint on theface of the document. If it is a multi-sided document, you must putit on the first or last page.
27.7As the person submitting the artwork you must ensure that yourelection materials contains the relevant imprint, we retain the rightto reject your material if we consider it to have failed to complywith the above conditions.
Additionallythe Electoral Commission has published guidance about Imprints andhow and why they should be used and is available for download fromtheir website:
Guidancefor Political Parties at an election:https://www.electoralcommission.org.uk/sites/default/files/pdf_file/Factsheet-for-political-parties-Electronic-materials-and-imprints.pdf
Guidancefor Non-party campaigners at an election:
Youcan contact the Electoral Commission directly for further informationvia their website: www.electoralcommission.org.ukor by phone on 0333 103 1928.