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1.1 Subject to any variation under condition 1.3, any contract ("Contract") between ACS Technology Group Ltd TA Print Bright ("Company") and a person, firm or company ("Buyer") who purchases goods ("Goods") for a price ("Purchase Price") from the Company, shall be in accordance with these terms and conditions ("Terms and Conditions") to the exclusion of all other terms and conditions and the Buyer is deemed to have accepted these Terms and Conditions upon placing an order ("Order") with the Company.
1.2 The Company reserves the right to add, alter, amend or withdraw at any time without notice any of these Conditions, the Conditions which apply are those live at time of Order. The current Conditions can be found on the Website (printbright.co.uk/terms).
1.3 The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.4 A Contract will form upon acceptance of the Order by the Company.
2.1 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. If a delivery date is quoted, the Goods may be delivered by the Company or by a third party supplier in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
2.2 Goods will be delivered to the delivery address supplied by the Buyer. The Buyer is considered to have given authority to accept a delivery on its behalf to any person who accepts delivery at the delivery address.
2.3 Subject to the other provisions of these conditions the Company 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, damage to the Buyer's property or property of another person or body, personal injury or death to the Buyer or any other person other than that caused by the Company's negligence, 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 the Company's negligence), nor shall any reasonable delay entitle the Buyer to terminate or rescind the Contract.
2.4 The Buyer is obliged to take receipt of the purchased goods at the time they are made available. If the Buyer refuses to take delivery or fails to provide the information required or appropriate facilities to enable the Company to effect delivery:
2.5 If the Company delivers in instalments to the Buyer, then each instalment is a separate Contract. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. 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. If payment is not made to the Company in accordance with the terms of the Contract then the Company may withhold or cancel delivery of any other of the Buyer's Orders which have not yet been delivered.
3.1 The purchase price shall be shown either inclusive or exclusive of VAT depending on the Buyer's preference and browser settings, this data will be held in browser cookies in accordance with scope 18 and scope 19. All prices will be clearly denoted as including VAT ("Inc VAT") or excluding VAT ("Excl VAT"). The Buyer can see a breakdown of VAT costs in the basket, the checkout, the order confirmation, and when signed in with the email address used at checkout on the aftersales page.
3.2 The Purchase Price for the Goods is inclusive of the costs and charges of packaging and insurance.
3.3 Subject to 3.4, the Purchase Price for the Goods is exclusive of the carriage costs. Where an Order is over £50.00 value, excluding VAT, carriage is free of charge, a flat rate of £4.99 excluding VAT is applied to all other orders in the checkout. The Buyer can see a breakdown of carriage costs in the checkout, the order confirmation, and when signed in with the email address used at checkout on the aftersales page.
3.4 The Company reserves the right to charge additional carriage on specified deliveries where they may fall outside the normal delivery area or fall below a previously agreed value level. The Buyer shall be notified by the Company should an additional charge be required, and the Buyer will be given the option to cancel the Order. If the Company does not recieve a confirmation within 3 business days, the Company reserves the right to cancel the Order without notice.
3.5 The Price for the Goods can be altered by the Company at any time, for any reason, and without notice. The Buyer with any Goods in any existing basket, will recieve a notification in the basket for any Goods which have changed Price. The Purchase Price is locked at the current Price for 20 minutes once the Buyer enters the checkout, if after 20 minutes, the Price has changed, the Buyer will recieve a notification in the checkout.
4.1 We use PayPal as our payment processor. By using our services, you agree to the use of PayPal for processing payments.
4.2 We do not store any financial information other than the payer ID, payment ID, and token. We do not store card details or billing addresses, except where the billing address is also the delivery address.
4.3 You do not require a PayPal account to complete a transaction. You can checkout without using or creating a PayPal account, but you must have a valid Print Bright account, which only requires your email address.
4.4 We use some information from PayPal, such as your name and phone number, to autofill certain user profile information.
4.5 By using PayPal for payments, you accept PayPal's policies as outlined on their website.
4.6 We only accept payments from UK cards. You must be paying in good conscience, with the bill payer's permission, and without any fraudulent intent.
4.7 Refunds will be managed through PayPal.
5.1 The quantity of any consignment of Goods as recorded by the Company or its Distributers on dispatch from the Company or Distributer'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. A delivery of Goods consisting of a shortage or surplus not exceeding 10% will be considered due execution of any order and the Buyer shall accept the same subject to a pro rata increase or reduction in the Purchase Price.
5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company and to the carrier of the non-delivery within 5 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note or refund at the pro rata Contract rate against any invoice raised for such Goods.
5.4 If Goods have been damaged or supplied short, then the Buyer must notify the Company in writing within 2 days of receipt of the Goods and keep those Goods in one place, separate from any other Goods, and allow the Company to inspect them if the Company wishes before it decides what action to take. If the buyer does not notify the Company within the timeframe, the Company holds the right to decline a refund or credit note request.
6.1 Generally, except for warranty claims, the Company will not arrange collection of Goods in circumstances other than those listed in clause 5 and 6.2. If the Company does, then the Company will, at its absolute discretion, levy a restocking fee of 30% of the Purchase Price.
6.2 The Company offers a returns policy on all standard products ordered within 30 days, providing Goods are unopened and in original manufacturers packaging. Upon receipt of the Buyer's return request we will notify the Buyer by email of our progress and any relevant returns information. Non-returnable items are clearly marked on the product listing. The Company will, at its absolute discretion, levy a restocking fee of 30% of the Purchase Price. The Buyer has the right to cancel their order within 14 days, without providing a reason, providing the goods have not been delivered. This is often referred to as the "cooling-off period". If the Buyer cancels their order within this period, they are entitled to a full refund, including the carriage costs.
6.3 Returned Goods must be in original manufacturer's packaging, protected by an outer box and in an immediately re-saleable condition. The Company shall only be liable to credit a maximum 80% of the invoiced Purchase Price of Goods returned which do not conform with the requirements of this sub-clause.
6.4 The Buyer should retain a copy of the Company's agent's/carrier's/distributer's collection note. The Buyer must follow the return instructions provided by the Company's representative.
6.5 The Supplier may, at its absolute discretion, elect to provide by post or any other means, any missing or faulty components or fixings for Goods in lieu of accepting a return.
7.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
7.2 Subject to this clause 7, the Company warrants that on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979
7.3 The Company shall not be liable for a breach of the warranty in condition 7.2 if:
8.1 Subject to condition 2, condition 5, condition 6 and condition 7, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
8.2 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.
8.3 Nothing in these conditions excludes or limits the liability of the Company:
8.4 Subject to condition 8.2 and condition 8.3 the Company'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 Purchase Price.
9.1 All samples, drawings, specifications, pricing and advertising issued by the Company and any descriptions or illustrations contained in the Company's website, catalogues, brochures, price lists or in any other document are 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 any sale of Goods hereunder shall not constitute a sale by sample. The Company accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from the Buyer's reliance on such descriptions and illustrations.
10.1 Subscribers agree to pay a set amount per month in return for a product. The subscription fee and the product details will be clearly outlined at the time of subscription.
10.2 A subscription can be cancelled by the user only after the initial three payments have been successfully processed. To cancel your subscription, please contact our customer service team.
10.3 Subscriptions are managed through our payment processor, PayPal. By subscribing, you agree to PayPal's terms and conditions as outlined on their website.
10.4 We reserve the right to cancel the subscription at any time. In such cases, we are not obligated to fulfill the order, and you will be refunded for any payments made for products not received.
10.5 Subscribers must ensure that they have a valid Print Bright account, which requires only an email address. Payment information, such as the payer ID, payment ID, and token, will be securely handled by PayPal. We do not store card details or billing addresses, except where the billing address is also the delivery address.
10.6 Subscribers do not need a PayPal account to complete the subscription process. You can checkout without using or creating a PayPal account, but you must have a valid Print Bright account.
10.7 We use some information from PayPal, such as your name and phone number, to autofill certain user profile information to enhance your experience.
10.8 We only accept payments from UK cards. Subscribers must ensure that they are paying in good conscience, with the bill payer's permission, and without any fraudulent intent.
10.9 Refunds for subscriptions will be managed through PayPal. If you have any issues with your subscription, please contact our customer service team for assistance.
10.10 Subscribers may modify their subscription preferences, including the frequency of deliveries and the products included, through their account settings.
10.11 Subscribers may receive exclusive discounts and offers as part of their subscription plan.
10.12 Subscribers will be notified in advance of any changes to the subscription fee or terms. Continued use of the subscription service after such changes will constitute acceptance of the new terms.
10.13 If a subscriber's payment method fails, we will attempt to process the payment again. If the payment continues to fail, the subscription may be suspended or cancelled.
10.14 Subscribers are responsible for keeping their account information, including payment details, up to date to ensure uninterrupted service.
11.1 The Company may assign the Contract or any part of it to any person, firm or company.
11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
12.1 The Company reserves the right to cancel the Contract or suspend or delay delivery or reduce the volume of the Goods ordered by the Buyer without being liable for any loss or damage if supply of the Goods is prevented or delayed due to, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, IT system failures, civil strife, riots, adverse weather conditions, epidemic, lock-outs, fire, explosion, flood, labour disputes, accidents or any other causes or circumstances beyond the reasonable control of the Company.
13.1 General: The risk in the Goods shall pass to the Buyer:
13.2 Sale of the Goods: The Buyer may resell the Goods before ownership has passed to it solely on the following conditions
13.3 Storage: Until ownership of the Goods has passed to the Buyer, the Buyer shall:
13.4 Insurance: Until ownership of the Goods has passed to the Buyer, the Buyer shall maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full Purchase Price against all risks with an insurance company of good repute to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
13.5 If the Buyer incorporates the Goods into other products (with the addition of his Goods or those of others) or uses such Goods as material for other products (with or without such addition) the property in those other products is upon such incorporation or use transferred to the Company and the Buyer as bailee of them and the Buyer will store the same for the Company in a proper manner without charge to the Company, in the event of such incorporation or use as is envisaged by this the Company's sub-clause the provisions of this clause 14 shall apply, mutatis mutandis, to those other products in place of the Goods.
13.6 The Buyer's right to possession of the Goods shall terminate immediately if:
13.7 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
13.8 The Buyer grants the Company, its agents and employees an irrevocable license 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.
13.9 Where the Company is unable to determine whether any Goods are the Goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all Goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
13.10 On termination of the Contract, howsoever caused, the Company's (but not the Buyer's) rights contained in this condition 12 shall remain in effect.
14.1 In the case of Goods which have been produced to the specification and/or bear the name of the Buyer or the Buyer's customers as the case may be (“own label goods”), the Buyer undertakes to purchase at the Purchase Price all stocks of own label goods in finished and unfinished form which the Company holds for the purpose of fulfilling the Buyer's requirements. Without prejudice to the generality of the foregoing, on the termination of any contract between the Company and the Buyer, for the supply of own label goods, the Buyer will accept and pay the Purchase Price for all stocks of own label goods in finished and unfinished form then held by the Company.
16.1 All physical technical manuals and other literature, drawings, designs and specifications furnished to a Buyer by the Company shall remain the property of the Company and be carefully preserved by the Buyer and returned to the Company on demand. No such manual literature, drawings, design or specification shall except with the express written consent of the Company be reproduced by the Buyer in whole or in part. In default of written agreement to the contrary type may be distributed and lithographic photogravure moulds, rubbers or other work effaced immediately after the contract has been performed.
16.2 Digital technical manuals and other literature, drawings, designs, and specifications furnished to a Buyer are the property of the Company or copyright owner and used in accordance with the Company's terms. No such material shall be shared or reproduced by any party exlcuding the Company.
17.1 The information contained in the Company's website is for general guidance on topics selected by Company. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in the Company's website. The information on the Company's website is provided with the understanding that Company and various authors and publishers providing such information are not engaged in, and that providing such information does not constitute the rendering of legal or other professional advice or services. As such, information on the Company's website should not be relied upon or used as a substitute for direct consultation with professional advisers.
17.2 The Company's website may contain facts, views, opinions, statements, and recommendations of third-party individuals and organisations. None of them or the Company will be liable or responsible for the content including the accuracy, integrity, quality or reliability of any communication, advice, opinion, statement, or other information displayed, uploaded, or distributed through the Company's website or for any errors or violations of laws or regulations. You acknowledge that any reliance on any such communication, opinion, advice, statement, or information will be at your sole risk. The materials on the Company's website are transmitted and distributed "as is" and appear on the site without express or implied warranties, conditions, terms or representations of any kind, including, but not limited to, any implied warranty, condition, term or representation as to satisfactory quality or fitness for a particular purpose and all such warranties, conditions, terms and representations are specifically excluded. There is no warranty, condition, term or representation as to the quality, accuracy, completeness, and validity of any materials on the Company's website, and no warranty, condition, term or representation that the functions contained on the site will be uninterrupted or error-free, or that defects will be corrected.
The Company's privacy policy is enforced and contained within the Terms and Conditions scope 18 and available to view at printbright.co.uk/terms/privacy-policy.
The Company's cookie policy is enforced and contained within the Terms and Conditions scope 19 and available to view at printbright.co.uk/terms/cookie-policy.
20.1 In the event of a conflict between these conditions and any other documents forming part of the contract then, unless agreed otherwise in writing, these Conditions will prevail.
20.2 The Company requires all suppliers, contractors and customers to acknowledge our commitment to combat modern day slavery and human trafficking and meet our ethical standards in this area. The Company reserves the right to terminate our relationship with other individuals and organisations, with immediate effect, if they breach our policy on Modern Day Slavery.
20.3 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.
20.4 Failure or delay by the Company 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.
20.5 Any waiver by the Company 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.
20.6 No 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.
20.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
20.8 If any provision of these Terms and Conditions is found to be void or unenforceable, that provision shall be deemed to be deleted from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall continue in full force and effect and the parties shall use their respective reasonable endeavors to procure that any such provision is replaced by a provision which is valid and enforceable, and which gives effect to the spirit and intent of these Terms and Conditions.
21.1 The Company can be contacted by email on [email protected] (Print Bright) or [email protected] (ACS Technology Group).
21.2 The Company can be contacted by phone on 01274 508236 (Print Bright) or 01274 508200 (ACS Technology Group).
21.3 The Company can be contacted by fax on 08444 123 171 (ACS Technology Group).
21.4 The Company can be contacted by post at FAO Print Bright, ACS Group, Kismet Builings, Otley Rd, Baildon, Bradford, BD17 7HP.