Terms & Conditions

Terms of Sale – Robert Bryant t/a HumblePrint and bcreative.

This page (together with any documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our websites at HumblePrint and bcreative ("my website") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability at paragraph 15 below.

If you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.

1. INFORMATION ABOUT US

This website is operated by Robert Bryant t/a bcreative / humbleprint ("I / me / mine / bcreative / humbleprint"). I am the proprietor and my correspondence address is 1 Hartley Fold Cottages, Kirkby Stephen, Cumbria CA17 4JH. My VAT number is GB667357104.

2. YOUR STATUS

By placing an order through my sites, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old

3. HOW THE CONTRACT IS FORMED BETWEEN US

3.1 Your order constitutes an offer to me to buy a Product or Products. All orders are subject to acceptance by me, and I will confirm such acceptance to you by electronic notification at the end of the ordering process (the "Order Confirmation"). I am unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us ("Contract") will only be formed when I send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without my prior written consent.
3.2 As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order.
3.3 If paying by cheque the order will not begun to be processed until the money has cleared into our account, usually 3-5 days from the date that we receive the cheque. Cheques must be made payable to 'R J Bryant' or 'bcreative'.

4. USE OF MY DESIGNS

4.1 All designs on the website are owned by or licensed to me and must not be used for any purpose without written permission from me.

5. MATERIAL AND INFORMATION PROVIDED BY YOU

5.1 Whenever you make use of a feature that allows you to supply material to bcreative or Humbleprint you must comply with the content standards set out in the Artwork Guide, Privacy Policy and these Terms & Conditions. You warrant that any such material does comply with those standards, and you indemnify me for any breach of that warranty.
5.2 In addition to complying with our acceptable use policy, you agree that all material supplied by you will be done at your own risk. You must retain a copy of all material you supply. I expressly exclude all liability for any supplied material which is lost or damaged during or after the supply process.
5.3 Failure to follow my preparatory instructions for supplying your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
5.4 You must not supply any material that will breach any third party rights to such material unless you have their express consent. I have the right to disclose your identity to any third party claiming that any material supplied by you to me constitutes a violation of their rights.
5.5 I have the right to delete any material supplied by you or not to fulfil any order if, in my opinion, such material does not comply with the content standards set out in my policies referred to at paragraph 5.1. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.6 You agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Products you have ordered.
5.7 Personal information is processed and stored in accordance with our Privacy Policy.
5.8 I may establish policies and limits concerning our storage of material supplied by you and the amount of any material that may be supplied. I may delete your material stored by me which is inactive for an extended period of time without reference to you. I may change my policies and limits at any time, in my sole discretion, with or without notice to you. To the extent that I am permitted to do so by law, I may delete your material stored by me at any time.

6. APPROVALS

6.1 Prior to producing the Products, I supply an electronic proof of the Product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. I shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2 Your statutory rights are not affected by these terms and conditions.

7. AVAILABILITY AND DELIVERY

7.1 Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process:
7.1.1 Standard – I aim to despatch within 5 working days from the date of your approval of the supplied proof for orders made up of under 5000 individual parts, occasionally orders over 5000 individual parts will take 1 extra working day to be despatched.
7.2 Working days are Monday to Friday, excluding UK Bank Holidays.
7.3 An individual part is classed as a stand alone product that may be sold in packages, (e.g. in a 1000 letterhead package, an individual part is 1 letterhead).
7.4 Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
7.5 Where delivery is not possible as a result of me being provided with the incorrect delivery address details, my delivery service will return the Products to me. I reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address.
7.6 All products will be signed for upon delivery. If anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient, I will incur no liability provided that parcel was delivered to the address provided by the purchaser.

8. NON-DELIVERY

8.1 You must notify me within 28 days of any failure on on my part to deliver the Products in order that I can investigate the failure and take appropriate action.
8.2 The earliest date I can claim against the delivery service for non-delivery is 15 working days from the date of despatch. I cannot process a reprint before this time. You should notify me by telephone or email if your goods have not arrived after 15 working days.
8.3 Once you have notified me in accordance with paragraph 8.2, I will then send you a form to complete and return to me. Once the form is received I will redeliver Products to you, at no further cost or expense to you.

9. QUANTITIES

9.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
9.2 You acknowledge that variations in respect of quantities are inherent within the printing industry.
9.3 My liability in respect of shortages are as follows:

Quantity ordered No credit awarded Refund calculated on a pro rata basis Missing items replaced
25 to 100 Shortage of up to 5% Shortage of between 6% to 20% inclusive Shortage of up to 21% and over
101 to 1000 Shortage of up to 5% Shortage of between 6% to 7% inclusive Shortage of up to 8% and over
1001 to 5000 Shortage of up to 3% Shortage of between 4% to 7% inclusive Shortage of up to 8% and over
5001 & over Shortage of up to 2% Shortage of between 3% to 4% inclusive Shortage of up to 5% and over

9.4 All overages may be kept by you at no additional cost.

10. QUALITY

10.1 You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.

11. RISK AND TITLE

11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will pass to you on delivery.

12. PRICE AND PAYMENT

12.1 The price of any Products will be as quoted on my website from time to time, except in cases of obvious error.
12.2 These prices include VAT (as applicable) and delivery costs.
For information about VAT on printed material, please see the HMRC VAT guide.
12.3 Prices are liable to change at any time, but changes will not affect orders in respect of which I have already sent you an Order Confirmation.
12.4 We do not store any credit or debit card data.

 

13. OUR REPLACEMENT POLICY

13.1 If you believe that a Product is defective, I may request that you return the product for examination.
13.2 My liability in respect of misprints are as follows;

Quantity ordered No credit awarded Refund calculated on a pro rata basis Defective items replaced
25 to 100 Misprints of up to 5% Misprints of between 6% to 20% inclusive Misprints of up to 21% and over
101 to 1000 Misprints of up to 5% Misprints of between 6% to 7% inclusive Misprints of up to 8% and over
1001 to 5000 Misprints of up to 3% Misprints of between 4% to 7% inclusive Misprints of up to 8% and over
5001 & over Misprints of up to 2% Misprints of between 3% to 4% inclusive Misprints of up to 5% and over
14. CLAIMS

14.1 Claims for damage, shortages or non delivery must be advised by telephone or email within 14 days from the date that the Products were despatched.
14.2 I shall not be liable in respect of any claim unless I was notified in accordance with paragraph 14.1 except where you demonstrate to my reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.

15. OUR LIABILITY

15.1 My liability in connection with any Product purchased through my website is strictly limited to the purchase price of that Product (including delivery costs).
15.2 I do not exclude or limit in any way my liability:
15.2.1 For death or personal injury caused by my negligence;
15.2.2 Under section 2(3) of the Consumer Protection Act 1987;
15.2.3 For fraud or fraudulent misrepresentation; or
15.2.4 For any matter for which it would be illegal for me to exclude, or attempt to exclude, my liability.
15.3 Whether caused by my negligence, breach of contract or breach of duty, I exclude all liability for:
15.3.1 Any direct 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; or
15.3.2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.

16. WRITTEN COMMUNICATIONS

16.1 When using my website, you accept that communication with me will be by electronic means only. I will contact you by e-mail or provide you with information by posting notices on my website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing.

17. NOTICES

17.1 You must give notice to me either at my correspondence address by registered post at your cost, or electronically using the messaging facility on our site. I may give notice to you at either the e-mail or postal address you provide to me when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:
17.1.1 Within 1 working day when given electronically; and
17.1.2 3 working days after the date of posting of any letter when served by post.
17.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 The Contract is binding on you and me and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without my prior written consent.
18.3 I may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of my rights or obligations arising under it, at any time during the term of the Contract.

19. EVENTS OUTSIDE OUR CONTROL

19.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by events outside my reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:
19.2.1 Strikes, lock-outs or other industrial action;
19.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat 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 private transport;
19.2.5 Impossibility of the use of public or private telecommunications networks; and
19.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
19.3 My performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and I will have an extension of time for performance for the duration of that period. I will use my reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which my obligations under the Contract may be performed despite the Force Majeure Event.

20. WAIVER

20.1 If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by me of any default shall not constitute a waiver of any subsequent default
20.3 No waiver by me of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17 above.

21. SEVERABILITY

21.1 If any of these terms and Conditions or any provisions of a 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.

22. ENTIRE AGREEMENT

22.1 These terms and 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.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any 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 other party's only remedy shall be for breach of contract as provided in these terms and conditions.

23. MY RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1 I have the right to revise and amend these terms and conditions from time to time.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from me, 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 I notify you of the change to those policies or these terms and conditions before I send you the Order Confirmation (in which case I have the right to assume that you have accepted the change to the terms and conditions, unless you notify me to the contrary within seven working days of receipt by you of the Products).

24. LAW AND JURISDICTION

24.1 Contracts for the purchase of Products through my website will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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