Terms and Conditions of Business
In placing an order on the loadzalabels.com (owned by Media Design and Print) website we assume your agreement to be legally bound by the following Terms and Conditions. Media Design and Print has the right to modify their Terms and Conditions of Business, it is your responsibility to ensure you review them periodically.
1.1 “Seller” means Media Design and Print VAT No: GB 454 6897 00 (in these Terms and Conditions of Business also means (”Loadzalabels) whose registered office is at Unit B7, Portview Trade Centre, and 310 Newtownards Road, Belfast BT4 1HE.
1.2 “Buyer” means the person whose name is printed on the Order.
1.3 “Contract” means the Order and Order Confirmation (incorporating any Special Conditions)
1.4 “Faulty” means containing a fault or defect
1.5 “Goods” means the goods which the Seller is to sell in accordance with these Terms and Conditions of Business.
1.6 “Order” means the Buyer’s order for Goods
1.7 “Order Confirmation” means the Seller’s confirmation pursuant to Condition 4.2.
1.8 “Price” means the price together with postage and packing in force at the date and time of the Order.
1.9 “Special Conditions” any conditions in relation to Orders set out and designated as such in the Order Confirmation.
1.10 “Terms and Conditions of Business” means the standard terms and conditions of business set out below.
2.1 Headings in these Terms and Conditions of Business shall not affect their interpretation.
2.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re–enactment and includes any subordinate legislation for the time being in force made under it.
2.4 A reference to writing or written includes e–mail if sent to email@example.com
2.5 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2.6 If any term or provision in these Terms and Conditions of Business is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Terms and Conditions of Business in its entirety, and the remainder of the Terms and Conditions of Business shall survive with the said offending provision eliminated.
3. APPLICATION OF TERMS AND CONDITIONS
3.1 These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
3.2 Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Buyer.
3.3 The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
4. ORDERS AND SPECIFICATIONS
4.1 All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
4.2 The Seller reserves the right to reject any Order without explanation for doing so. No Order is acknowledged as accepted by the Seller unless/until it is confirmed by the Seller in the Order Confirmation.
4.3 Due to ongoing product developments, the Seller reserves the right to amend product specifications without prior notice. Goods may differ as a consequence of varying colour systems, notably due to screen based colour systems of RGB and the print colour system of CMYK.
4.4 The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’ s monitor. A visual representation will be sent to replicate as accurately as possible the final outcome of all orders placed.
5.1 All Prices stated include UK VAT at rate applicable at any given time. If taxes are due in areas outside the UK it is the responsibility of the buyer to ensure these are paid in accordance with local regulations.
5.2 Payment must be made by credit or debit card on the website at the time of placing any order. Other methods of payment may be accepted upon application but in all cases orders will not be fulfilled until cleared funds are lodged with the Seller.
5.3 The Buyer undertakes to provide correct information for the order and that the mode of payment used belongs to them.
6.1 Goods will be delivered to the address specified on the order. Delivery shall be by Royal Mail unless otherwise arranged with the Seller.
6.2 The Seller will endeavour to process and ship Orders within the time agreed. Dates quoted for delivery of the Goods are indicative only.
6.3 On receipt of the goods the Buyer is expected to inspect the Goods. If they are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer, photographic evidence is helpful in this instance and images should be emailed with a description of the said damage to firstname.lastname@example.org
6.4 The Seller reserves the right to make delivery of the Goods by instalments.
6.5 If the Buyer by his own inaction fails to take delivery of the Goods, the Seller shall be under no obligation to issue a refund of monies paid.
6.6 Goods may only be returned to the Seller upon conditions shown in Condition 8 below.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
7.2 Notwithstanding delivery and the passing of risk in the Goods, legal ownership of the Goods will not pass from the Seller to the Buyer until the Seller has received full payment of the Price and all other sums due.
8.1 The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
8.1.1 If the Seller fails to deliver the Goods ordered within 18 days after the date of the Order
8.1.2 in the case of Faulty Goods, after the Buyer has discovered the fault or defect (the Buyer shall be deemed to have inspected the Goods no case longer than 14 days after receipt).
8.2 Notice of the wish to cancel an order must be made by giving the Seller notice via email to email@example.com
8.3 To avoid doubt, unless supplied goods are faulty or defective, nothing in these Terms and Conditions shall give the Buyer rights of cancellation in regard to the Goods which have been made to the Buyer’s specifications or clearly personalised for their own use.
8.4 In the case of cancellation under Condition 8.3 above, the Seller shall be responsible for all sums paid (including initial and re–delivery charges (if any)) in respect of the Goods in question.
8.5 All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging, which the Buyer should retain for the purpose.
9. LIMITATION OF LIABILITY
9.1 This condition sets out the entire financial liability of the Seller to the Buyer in respect of:
9.1.1 any breach of the Contract;
9.1.2 any use made by the Buyer of the Goods; and
9.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
9.2 Subject always to Condition 13, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these Terms and Conditions of Business limits or excludes the liability of the Seller:
9.3.1 for any damage or liability incurred by the Buyer as a result of fraud or fraudulent misrepresentation by the Seller; or
9.4 Subject to Condition 9.2 and Condition 9.3 the Seller shall not be liable for:
9.4.1 loss of profits; or
9.4.2 loss of business; or
9.4.3 depletion of goodwill and/or similar losses; or
9.4.4 loss of goods; or
9.4.5 loss of contract; or
9.4.7 loss of use; or
9.4.8 loss or corruption of data or information; or
9.4.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
9.5 The Seller’s total liability in all cases shall be limited to the price paid for the Services.
9.6 The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 8.1.1 or, where upon reasonable inspection of the Goods, the Buyer should have become aware of the defect. In the case of valid claims, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price).
9.7 It is up to the Buyer to take precautions to ensure that the computer equipment used is free of such viruses and other destructive software. In no event will the Seller be liable to the Buyer or any other any party associated with the Buyer for any damages whether direct or indirect in using the loadzalabels.com website, or any other linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’ s information handling system or otherwise.
10. INTELLECTUAL PROPERTY
10.1 Loadzalabels is owned and operated by the Media Design and Print. Unless otherwise noted, the Seller owns the copyright with respect to all content on loadzalabels.com. Content includes: text, graphics, logos, trade marks, and anything else hosted on loadzalabels.com. All rights to content, services, and server information are reserved. Any modification made to the content of loadzalabels.com by a third party is a violation of the Seller’s copyright. Additionally, loadzalabels.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
10.2 Nothing contained on the website should be construed as granting, by implication, or otherwise, any license or right to use the website or any information displayed on the website.
10.3 The Buyer agrees that it shall not use the service offered by the Seller to infringe the intellectual property rights of others. The Seller reserves the right, to terminate any Order received from a Buyer who is infringing(or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party.
11. EXCEPTIONAL CIRCUMSTANCES
11.1 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond their control. If the event in question continues for a continuous period in excess of 14 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
12. STATUTORY RIGHTS
12.1 It is agreed that nothing in these Terms and Conditions of Business shall affect consumer rights.
13. THIRD PARTY RIGHTS
13.1 The parties to the Contract do not intend that any 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.
14. GENERAL AND MISCELLANEOUS
14.1 Because public networks, such as the internet, can occasionally experience disruptions, the Seller cannot guarantee the loadzalabels.com website will be available all of the time. Although the Seller strives to always provide a reliable website, interruptions and delays in accessing the website are unavoidable from time to time and the Seller disclaims any liability for damages resulting from such problems.
14.2 The Seller attempts to make its product descriptions as accurate as possible, but does not warrant that the content of the website is accurate, complete, reliable, current, or error–free.
14.3 A link to the loadzalabels.com website from other websites does not mean that the Seller endorses or accepts any responsibility for the content or the use of such websites. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of viruses and other items of a destructive nature.
15 GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be governed in accordance with the laws of Northern Ireland.
15.2 Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the Northern Ireland Courts Service.