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By ordering Work from the Company you are deemed to have understood and accepted these Terms and Conditions.
1. Price Variation And Invoicing
a) The Company may adjust prices for its Work as displayed on the Website at any time without prior notice. While every effort is made to ensure the accuracy of pricing information, occasional errors may occur. In the event of such an error, the Company will promptly notify the Customer, who will have the option to either accept the revised price or cancel the order.
b) Bespoke quotes provided by the Company remain valid for the duration specified within the quote. The Company commits to honouring this quoted price within this timeframe, provided the order is placed by the Customer during this period. However, should there be unforeseen increases in costs (e.g., materials, labour, or other production costs) or discrepancies identified after the initial quotation, the Company reserves the right to adjust the quote accordingly. Any such adjustments will be promptly communicated to the Customer, and the Customer will have the option to continue with the order at the revised price or decline. All bespoke quotes are given on an Errors and Omissions Excepted (E&OE) basis.
c) Prices agreed upon order are conditional upon no subsequent changes to the order initiated by the Customer. Any post-order alterations by the Customer may result in additional charges, which will be communicated and billed separately.
d) All invoices from the Company will be issued electronically. By placing an order, the Customer consents to receiving invoices in this manner.
2. Proofs
a) Due to their inherent nature, proofs supplied by the Company shall be accurate for layout and content only and it is understood and accepted that proofs shall not be accurate for colour comparison to the finished Work.
b) All reasonable efforts will be made by the Company to obtain the best possible colour reproduction on the Customer′s Work but variation is inherent in the printing process and it is understood and accepted as reasonable that the Company shall not be required to guarantee an exact match in colour or texture between the Customer′s photograph, transparency, proof, Electronic File, Print Ready File, previously printed matter (whether printed by the Company or by a third party) or any other materials supplied by the Customer and the finished Work. It is accepted and understood that Pantone colours (also known as spot colours) shall not be accurately reproduced due to the inherent nature of our full colour printing process.
3. Payment And Delivery
a) Delivery prices quoted or published on the Website are for delivery to a single address in the Mainland of the United Kingdom excluding Highlands, Islands, or Overseas, unless otherwise stated. Split deliveries, alternative delivery methods or schedules, and deliveries to other destinations may be available on request and will be subject to additional charges.
b) Delivery of the Work shall be accepted when tendered. If the Customer or other authorised signatory is not present at the agreed delivery address to accept delivery, the Company shall be entitled to charge extra for any subsequent redelivery attempts.
c) Completion and delivery turnaround or lead-times (measured in working days (not including weekends, public holidays) from receipt of cleared or authorised payment and of approval by the Customer in writing of any proofs) are a guide only and, whilst the Company will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Customer. In the event that a Customer requests and pays for an upgraded turnaround or delivery service and the Company fails to deliver within the agreed lead-time, the Company's liability is limited to refunding to the Customer only the surcharge sum paid in respect of the turnaround or delivery service upgrade.
d) Unless otherwise agreed in writing, (in which case an extra charge may be made), delivery will be to kerbside at the Customer's address and the Customer will make arrangements for off-loading and for any additional transportation to its storage facility.
e) Where the Work is to be delivered in instalments each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the order as a whole as repudiated or cancelled.
f) All goods remain the property of the Company until payment is received in full.
4. Credit Accounts
a) At our sole discretion, we may, but are not obliged to, offer the Customer a credit account, subject to a designated credit limit.
b) Customers holding approved credit account facilities with the Company will be required to settle their accounts on or before the 30th of the month following the month of invoice, while ensuring that the total outstanding balance does not exceed the designated credit limit. Failure to comply with these Terms and Conditions may result in the withdrawal of credit facilities, and any sums outstanding will become payable, in full, immediately upon notice. The Customer may also lose the benefit of any previously agreed discounts or special terms.
c) The Company reserves the right to withdraw credit facilities and demand immediate payment of all monies outstanding at their discretion, particularly if the credit limit is exceeded.
d) Where credit terms are exceeded, we reserve the right to charge Statutory Interest on the outstanding balance, including any amount beyond the designated credit limit.
e) If legal proceedings are issued, the Customer will be liable to pay all the Company's associated costs, including, but not limited to, legal fees, court fees, solicitor fees, and debt collection fees, arising from any breach of credit limit terms or non-compliance with payment obligations.
5. Materials Supplied Or Specified By The Customer
a) It is the Customer's responsibility to ensure that any materials supplied or specified for the Work, whether communicated online or offline, are suitable and appropriate for the intended use. The Company shall not be held liable for any issues arising from the use of unsuitable materials.
b) It is the Customer's responsibility to maintain a copy of any original Electronic File or Print Ready File provided by the Customer.
c) The Company shall not be responsible for checking the accuracy or suitability of supplied input from an Electronic File or Print Ready File.
d) Without prejudice to clause 5c, if an Electronic File or Print Ready File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Company may make a charge for any resulting additional cost incurred or may reject the file without prejudice to his rights to payment for Preliminary Work or Work done/materials purchased.
e) Customer's property and all property supplied to the Company by or on behalf of the Customer shall while it is in the possession of the Company or in transit to or from the Customer are deemed to be at the Customer's risk unless otherwise agreed in writing and the Customer should insure accordingly.
f) The risk in the Work and all goods delivered in connection with the Work shall pass to the Customer on delivery and the Customer should insure accordingly.
g) On completion of the Work, the Company will store the Customer′s materials, Electronic Files, Print Ready Files and Work for a maximum of 30 days, after which time they will be destroyed without further notice.
6. Materials And Equipment Supplied By The Company
a) Metal, film and other materials owned by the Company and used in the production of Intermediates, type, plates, film-setting, negatives, positives, Electronic Files, Print Ready Files and other production processes, together with items thereby produced, shall remain the Company's exclusive property.
b) Film, plates, tapes, discs, Electronic Files, Print Ready Files or other Work will be destroyed immediately after the order is executed unless written arrangements are made to the contrary.
c) The Company shall not be obliged to download any digital data from his equipment or supply the same to the Customer on disc, via email or by any communication link.
7. Guarantees And Claims
a) The Company's "100% Satisfaction" Guarantee applies exclusively to Work provided by the Company. It does not replace or negate other warranties, including fitness for a particular purpose and non-infringement. Issues resulting from customer-supplied artwork, content, and subjective design elements, including colour perception, are excluded. Orders without clear guidelines or comprehensive specifications are not covered by the Guarantee. The Company is not accountable for damages occurring post-delivery, nor for defects resulting from misuse, neglect, or non-standard use.
b) Notification of damage, delay, or loss of Work during transit or of non-receipt must be submitted in writing to both the Company and the carrier within three working days following delivery or, in instances of non-delivery, within three working days after receiving notification of dispatch. Formal claims related to these issues should be presented in writing to the Company and the carrier within seven working days of delivery or, for non-delivery, within seven working days post notification of dispatch. Any other claims should be directed in writing to the Company within 28 days after delivery. The Company's liability is contingent upon adherence to these terms, barring circumstances where the Customer proves it was unfeasible to meet these conditions and that the claim was lodged as promptly as practicable.
c) Upon receiving their Work, Customers are encouraged to promptly inspect a representative sample of the Work to ensure it meets expectations. This sample should ideally be a random selection from different parts of the batch, ensuring it is indicative of the overall quality and correctness of the entire order. If the Customer has already used, distributed, or otherwise consumed a portion of the Work before identifying any defects or discrepancies in the items, the Guarantee provided by the Company will apply exclusively to the unused and undistributed portion of the Work. The Company acknowledges the significant set-up costs inherent in the printing process; therefore, in case of a valid claim, the determination of compensation or remediation for the unused items will take into account both the quantity of the unused items and the original set-up costs. Notwithstanding the above, the Company's total liability under this Guarantee shall not exceed the original value of the Work.
d) The Guarantee does not extend to third parties, including but not limited to representatives, agents, or any other parties that did not directly purchase from the Company.
e) If a reprint is requested by the Customer, the Company commits to addressing discrepancies in line with the original requirements, adhering to the design and specifications of the original order. Should a refund be preferred, it will typically be processed through the original payment method within 14 business days. The Company may decide, at its sole discretion, to offer a refund if it determines that a reprint may not satisfy the Customer's requirements.
f) Should a Customer raise a concern or claim regarding the quality or correctness of the Work, the Company, at its discretion, may request printed samples or the return of all unused or undistributed items, at the Company's expense, for verification purposes. This is to assess the validity of the claim and determine appropriate corrective actions.
8. Liability
a) Insofar as is permitted by law where Work is defective for any reason, including negligence, the Company's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.
b) Where the Company performs its obligations to rectify defective Work under this condition the Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Customer shall not be entitled to any further claim in respect of the Work nor shall the Customer be entitled to repudiate the contract, refuse to pay for the Work or cancel further deliveries.
c) The Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the Work or for any loss to the Customer arising from delay in transit, whether as a result of the Company's negligence or otherwise.
d) Where the Company offers to replace defective Work the Customer must accept such an offer unless he can show clear cause for refusing so to do. If the Customer opts to have the Work re-done by any third party without reference to the Company the Customer automatically revokes his right to any remedy from the Company, including but not exclusively the right to a credit in respect of Work done by the Company.
e) Where the Work will be forwarded by or on behalf of the Customer to a third party for further processing the Customer will be deemed to have inspected and approved the Work prior to forwarding and the Company shall accept no liability for claims arising subsequent to the third party′s processing.
f) The Company reserves the right to reject any Work forwarded to them after initial processing by a third party as soon as is reasonably practicable without processing the Work any further. Should the Customer require the Company notwithstanding to continue, then the Company is only obliged to do so after confirmation from the Customer in writing.
g) Nothing in these Terms and Conditions shall exclude the Company's liability for death or personal injury as a result of its negligence.
9. General Lien
a) Without prejudice to other remedies, in respect of all unpaid debts due from the Customer the Company shall have a general lien on all goods and property of or provided by the Customer in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for the Customer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Customer for any balance remaining be discharged from all liability in respect of such goods or property.
10. Illegal Matter
a) The Company reserves the right to refuse the printing of any content that it unilaterally determines to be potentially illegal, offensive, excessively controversial, defamatory, or in violation of the intellectual property or other rights of any third party.
b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of the printing by the Company for the Customer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on legal advice in settlement of any claim that any matter is libellous or such an infringement.
11. Copyright
a) The Customer shall be responsible for obtaining all necessary authorities and consents to reproduce materials (e.g., artwork, photographs, copyright text) prior to instructing the Company. The Customer shall indemnify and hold the Company harmless against any claims, costs, expenses, losses, and damages arising from or incurred due to the reproduction of materials by the Company, which infringes the intellectual property or other rights of any third party. The Company may request proof of such permissions at its discretion.
b) All design Work commissioned or ordered by the Customer and originated by the Company shall, as to its material elements and as to the copyright or design right in relation to it, belong to the Company.
c) The Customer shall not have any right to reproduce or authorise any other person to reproduce any such design Work in whole or in part or do any act which would, in the absence of written authorisation by the Company, infringe any copyright or design right which may subsist in relation to any such design Work.
d) The Company may, at the request of the Customer, assign the copyright and design right of design Work to the Customer upon payment of the Company′s expenses in relation to such assignment.
12. Suitability Of Work Supplied
a) It is the Customer's obligation to ensure that Work ordered from the Company aligns with their intended purposes. The Company shall not bear responsibility if Work is deemed unsuitable for its intended application, which includes but is not limited to: the incorrect paper type for post-processing through specific printing or finishing devices, adhesive labels with specific requirements such as removability, and products in contact with food or its packaging.
b) Any consequences or issues arising from the Customer's selection without prior consultation with the Company will be the sole responsibility of the Customer.
13. Force Majeure
a) The Company is not liable for any failure to fulfill its contractual obligations if such failure is due to events beyond its reasonable control. This includes, but is not limited to, natural disasters (such as floods, earthquakes, and hurricanes), acts of war, pandemics, legal enactments, fires, and disruptions in supply chains.
b) In the event of such unforeseen circumstances, the Customer may choose to terminate the contract by providing written notice to the Company. In this scenario, the Customer would be responsible only for costs associated with Work already completed and materials already procured. Beyond this, the Customer is expected to accept delivery when it becomes feasible, considering the prevailing circumstances.
c) Both parties acknowledge that unforeseen events can lead to significant delays or disruptions, and a spirit of cooperation and understanding is expected to navigate these challenges.
14. Law
a) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
15. Notices
a) All specifications and notices relied on by either Party and all variations to this agreement must be in writing and bear the signature of an authorised representative for validation.
16. Variation To Terms And Conditions
a) The Company may amend these Terms and Conditions from time to time. The most recent version of these Terms and Conditions can be accessed via the Website or can be requested in writing.
b) It is the Customer's responsibility to review and familiarise themselves with the latest Terms and Conditions each time they place an order with the Company. By proceeding with an order, the Customer acknowledges and agrees to the then-current Terms and Conditions.
17. Consumers
a) Nothing in these Terms and Conditions shall affect the rights of Consumers.
b) Due to the bespoke made-to-order nature of printed matter the Customer shall not be entitled to a "cooling off" period to cancel the Work ordered. However, if the Customer cancels any contract the Company shall only charge the Customer for any materials purchased for the contract and Preliminary Work or Work already undertaken up to the time of cancellation.
18. Severability
a) All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.
19. Definitions
a) "Company" means Asterisk Creative Consultants Ltd trading as StressFreePrint registered in England number 2912817 who provides the goods or services under these Terms and Conditions.
b) "Customer" means the party contracting with the Company to acquire the Work supplied under these Terms and Conditions.
c) "Website" means any Website(s) owned and operated by the Company.
d) "Work" refers to the specific products or services provided by the Company as described in each individual order or contract. This can include, but is not limited to, intermediate or finished physical products, digital products, and consulting or advisory services.
e) "Intermediates" means all products produced during the manufacturing process including non-exhaustively discs, film, plates, and intellectual property.
f) "Preliminary Work" means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, proofs, colour matching).
g) "Electronic File" means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link.
h) "Print Ready File" means artwork supplied by the Customer ready for plate making and production, without further keyboard intervention by the Company, in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link.
i) "Guarantee" refers to the Company's commitment to the Customer that the products and services supplied will conform to the stated specifications and quality standards.
The above Terms and Conditions constitute the entire Agreement between the Customer and the Company and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.
Updated: 4 November 2023