Ezeeplan - Terms and Conditions

TERMS AND CONDITIONS OF SUPPLY

This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the printed materials (Goods) listed on our website www.Ezeeprint.co.uk (our site), including any made to order Goods (Custom Made Goods). These Conditions, together with our Website Terms of Use and Privacy Policy, shall govern any contract for the supply of Goods listed on our site which is made at a distance between us and any customer (you and your) by email and also via our site.

It is important to read and understand these Conditions before placing your order.

By placing your order, you agree to be bound by these Conditions.

1. Information about us

1.1 www.Ezeeprint.co.uk is a site owned and operated by Trademan Limited t/a Ezeeprint (we, us and our). We are registered in England and Wales under company number 04499672 with our registered office and main trading address at 19 Chorley Wood Road, Leicester, LE5 6LE, United Kingdom.

2. Order Process and Contract Formation

2.1 Orders for any of the Goods listed on our site may be placed by you by email or via our website online order form. Once we have received your order we will begin processing your order and we will contact you by email if we have any queries; if your order has been placed via our website online order form, you will receive an automatically generated email confirming the details of your order. Once we have completed processing your order, details of how to pay for your order by credit or debit card, PayPal, online banking or cheque will be sent to you by email; this email will constitute confirmation of our acceptance of your order (Confirmation of Acceptance). The contract between us (Contract) will only be formed when you receive our Confirmation of Acceptance. Please note that where your order has been placed using our online order form and you have opted to pay for the Goods at the time of order placement, neither you nor we shall be contractually bound unless and until you receive our Confirmation of Acceptance, notwithstanding that we have received advance payment for the Goods.

2.2 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.

2.3 You must ensure that:

the terms of your order and the details of any specification provided by you are accurate and complete;and
any Goods ordered by you are suitable for use for any specific purpose for which they are to be used.

2.4 The Contract will relate only to those Goods confirmed in our Confirmation of Acceptance. We will not be obliged to supply any other Goods which may have been part of your order until such Goods have been confirmed in a separate Confirmation of Acceptance.

2.5 We reserve the right to charge you for any change, amendment or substitution to your order or to the Goods which is requested by you or on your behalf after your receipt of our Confirmation of Acceptance, unless the change, amendment or substitution is required as a result of our negligence or breach of contract.

2.6 We reserve the right to correct any typographical or clerical error or omission in any sales literature, price list, quotation, Confirmation of Acceptance, specification, invoice or other document or information issued by us, without any liability on our part.

2.7 Information appearing on our site or featured in any social media content provided by us is only an approximation for which we shall not be liable and may be varied or amended by us at any time without notice. Photographs, images and samples of the Goods may not be an accurate representation of the Goods and shall not form the basis of any liability on our part. Any advice or information provided by us either directly or via our site shall be provided without liability to you.

2.8 Save in respect of any specification provided by you to us, all intellectual property rights in relation to the Goods are and shall remain (as between you and us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Goods are supplied) shall be implied.

2.9 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.

3. Consumer rights

3.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers.

3.2 Under the Consumer Contracts Regulations 2013, if you are contracting with us as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period beginning upon the submission of your order and ending at the end of 14 days after the day on which the Goods are received by you or someone authorised by you to receive them.

3.3 In order to cancel a Contract in accordance with clause 3.2, you must inform us of your decision to cancel by email before the cancellation period has expired.

3.4 You must send the Goods back to us no later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.

3.5 If you cancel a Contract in accordance with clause 3.2, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.

3.6 If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature and characteristics of the Goods, we may recover that amount from you up to the full price of the Goods. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be “beyond what is necessary to establish the nature and characteristics of the Goods” for these purposes.

3.7 You will not have the right to cancel a Contract in accordance with clause 3.2 in respect of any Custom Made Goods.

3.8 Since each product made by us is produced in accordance with an individual customer’s particular requirements, all of the Goods listed on our site are Custom Made Goods, unless otherwise advertised.

3.9 If you require clarification regarding the nature of the Goods which you wish to purchase, you should contact us by email at orders@ezeeplan.co.uk or by telephone on 0116 220 1566 for details before placing your order.

4. Delivery

4.1 Subject to the requirements of clause 5.5, we will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to take delivery of the Goods upon delivery.

4.2 Our delivery charges are detailed on the following page of our site: http://www.Ezeeprint.co.uk/prices/postage-packaging

4.3 Although we endeavour to ensure that all orders received before midday are despatched the same day, any statement or other indication of delivery times appearing on our site appears as a guide only and we will not be liable for any delay in delivering the Goods to you, however caused.

4.4 If you are contracting as a business customer, we may deliver the Goods by separate instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.

4.5 Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address, will be returned. Any subsequent attempt to re-deliver the Goods may be chargeable. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.

4.6 Risk of loss or damage to the Goods will pass to you on the date when the Goods are delivered to you or on the date of first attempted delivery by us. Title to the Goods will pass to you at the same time, provided that we have at that time received payment in full for the Goods.

4.7 No claim for non-delivery of the Goods will be entertained unless you notify us of the non-delivery by email within 3 days of the time that the Goods would ordinarily have been received, in which event our liability shall be limited to replacing the Goods within a reasonable time.

5. Price and payment

5.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.

5.2 All prices exclude any applicable VAT.

5.3 Prices are liable to change at any time, but changes will not affect orders for which you have already received a Confirmation of Acceptance.

5.4 Whilst we try to ensure that all prices on our site are accurate, errors may occur. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.

5.5 You must pay for your order in accordance with the instructions contained in our Confirmation of Acceptance. An invoice for the price of the Goods will be attached to our Confirmation of Acceptance. If we do not receive your payment for the Goods within 48 hours of your receipt of our invoice, the Goods will not be delivered; in the event of non-payment as aforesaid, we also reserve the right to use the Goods for promotional purposes and you hereby grant us, for such purposes, an unrestricted royalty-free licence to make use of all intellectual property rights in any specification provided by you.

5.6 Time for payment shall be of the essence of the Contract.

6. Return of Goods

6.1 If you are contracting with us as a consumer, clauses 6.2-6.3 summarise your key legal rights in relation to the Goods, which are subject to certain exceptions.

6.2 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of the Goods you are entitled to the following:

up to 30 days: if the Goods are damaged or defective, then you can get a refund;
up to six months: if the damaged or defective Goods cannot be replaced, then you are entitled to a refund of up to the full amount, in most cases;
up to six years: in the unlikely event that the Goods can be expected to last up to six years you may be entitled to a replacement, or, if the Goods cannot be replaced, you may be entitled to some of your money back.

6.3 If you wish to exercise your legal rights to reject the Goods you must post them back to us. We will pay the reasonable costs of return by post.

6.4 Your rights in clauses 6.2-6.3 are in addition to your rights to return the Goods in accordance with clause 3.2.

6.5 If you are contracting with us as a business customer, you have 5 days following your receipt of the Goods to report any damage to, defect in or shortage of the Goods by contacting us by email at orders@ezeeplan.co.uk or by telephone on 0116 220 1566. The Goods must then be promptly returned to us in their original packaging. Once we have verified the damage to, defect in or shortage of the Goods, we shall issue a replacement or a refund (including postage) to you via your original payment method. You have an obligation to take reasonable care of the Goods whilst they are in your possession.We may refuse to replace or refund any Goods returned to us if we consider that you have failed to take reasonable care of the Goods.

6.6 For the purposes of this clause 6 and these Conditions generally, any defect in or shortage of the Goods shall be deemed to include inaccuracies, errors or omissions with respect to the Goods, but:

only to the extent that any such inaccuracy, error or omission does not arise from any breach by you of any of your obligations under clause 2.3; and
where the defect in or shortage of the Goods does arise from your breach as aforesaid, extra charges (up to the replacement cost of the Goods) shall apply where we agree to remedy the defect or shortage.

6.7 Without prejudice to any of the provisions of clause 6.6, where:

your order has been placed using our online order form and you have opted to pay for the Goods at the time of order placement; and
there has been a breach of the type referred to in clause 6.6 (b)which has resulted in the placement of an incorrect order; and
where the price of the correct order is less than the price of the incorrect order which has already been paid for; then
we do not have to issue you with a credit note and we shall only be obliged to provide you with a voucher code to use against your next order; but
if we do agree to issue you with a credit note, we shall be entitled to charge you an administration fee of £2.50 (excluding VAT).

7. Liability

7.1 If you are contracting as a consumer:

any Goods purchased from us through our site will be of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
we will only be liable to you for:
1. losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
2. losses that are caused as a result of our negligence; and
we will not be liable for any loss if:
1. any loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
2. any loss was caused by or contributed to by your breach of any of these Conditions; and
we will not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as 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), however arising.

7.2 If you are contracting as a business customer:

all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
we will not be liable to you if any monies due from you to us have not been paid in full;
we will have no liability to you for any:
1. consequential losses;
2. loss of profits and/or damage to goodwill;
3. economic and/or other similar losses;
4. special damages and indirect losses;
5. business interruption, loss of business, contracts and/or opportunity; and/or
6. inconvenience, delay or loss of production; and
our aggregate liability to you for any loss or damage will be limited to the price of the Goods purchased from us.

7.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

7.4 Nothing in these Conditions will exclude or limit our liability for death or personal injury caused by our negligence, nor for fraud, nor for any other loss or damage for which our liability cannot be lawfully excluded or limited.

7.5 If you are contracting as a business customer, you warrant that the use by us of any specification provided by you shall not cause us to infringe the intellectual property rights of any third party and you agree to indemnify us in full against any loss or damage incurred or likely to be incurred by us arising directly or indirectly from your breach of this warranty, including all and any costs, charges or expenses related thereto.

8. General

8.1 All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.

8.2 A waiver by us of any default by you will not constitute a waiver of any subsequent default by you.

8.3 If any of these Conditions or any provisions of the 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.

8.4 These 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.

8.5 We have the right to revise and amend these 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.

8.6 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these 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 Conditions before you receive our Confirmation of Acceptance.

8.7 The Contract will be governed by English law. Any dispute arising from or related to the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.