terms & conditions
Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any products (“Products”). 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 14 below.
1. Information about us
EX8 Create (“we/us/our”) is based at Flat 1, 41 Victoria Road, Exmouth, Devon EX8 1DW.
2. Your Status
By placing an order with us, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.1.1 You are at least 18 years old
3. How the contract is formed between you and us
3.1 Your order constitutes an offer to us to buy a Product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you.
Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
4. Material and information provided by you
4.1 We shall not be required to print any matter which in our sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature.
4.2 We reserve the right to refuse to print any matter which in our opinion may be prejudicial or detrimental to the good name of EX8 Create and/or its agents.
4.3 We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material printed for the customer and or their agents. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
4.4 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 or services you have ordered.
5.1 Unless negotiated and agreed in writing, the copyright of any artwork and anything else whatsoever prepared, developed or created by EX8 Create shall vest in and belong to us.
6. Artwork Creation and Proofing
6.1 If a proofing error is identified after the order is confirmed, any additional reprinting and delivery charges will be your responsibility.
6.2 We reserve the right to retain printed copies of work provided for display and marketing purposes.
7.1 All products will require a signature upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient, we will incur no liability, provided that it was delivered to the address provided by the purchaser.
7.2 Where delivery is not possible as a result of the consignment being refused, uncollected from the courier’s off ices or an incorrect delivery address, our courier will return the product(s) back to us. We reserve the right to make an additional delivery charge for re-dispatch of the products.
7.3 In the event of non-delivery (and the courier has left notification of the attempted delivery), the responsibility to manage the re-delivery or collection will be yours.
7.4 Delivery to temporary addresses such as hotels, exhibition and conference centres etc. is entirely at the risk of the customer.
8.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. You acknowledge that variations in respect of quantities are inherent within the printing process and can typically be 5% +/- of the quantity ordered.
9.1 You accept that colour variations are inherent within the printing process and can vary depending on the substrate used i.e. silk, gloss and vinyl can all produce varying colour representations.
9.2 Any hard copy or digital proofs issued by us are not colour accurate and are issued for content and positional purposes only. If a ‘machine/wet’ proof is required, please request this before placing your order. Additional costs will apply.
9.3 You accept that the colours produced during the printing process may not match those displayed on your ordering device.
10. Price & Payment
10.1 All credit and debit card transactions are processed at the point of purchase.
10.3 Where we have agreed credit terms with a customer, payment is due within 30 days of the invoice date. In the event of non-payment, we apply the government Late Payment of Commercial Debts (Interest) Act 1998 statutory interest of 8% over and above the current Bank of England base rate. In addition, we will charge a maximum of £100 to cover our debt recovery costs.
For further information:-
11. Our Replacement Policy
11.1 Should a product or service that we sell be defective, damaged or unfit for purpose, then we will replace or reprint without charge at the earliest opportunity.
11.2 Voluntary returns please see 14.
11.3 Your statutory rights are unaffected.
12.1All deliveries must be checked by the customer upon receipt and any damages must be recorded with the courier. In all cases of damage, where possible, please take photographic evidence and retain printed samples as a claim will need to be made against the courier. This information should be retained for at least 30 days.
12.2 All items must be checked within 7 days of receipt and any discrepancies notified to us by email or in writing.
13. Our Liability
13.1 Our liability in connection with any Product purchased through us is strictly limited to the purchase price of that Product (including delivery costs).
13.2 We do not exclude or limit in any way our liability:
13.2.1 for death or personal injury caused by our negligence;
13.2.2 under section 2(3) of the Consumer Protection Act 1987;
13.2.3 for fraud or fraudulent misrepresentation; or
13.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
13.3.1 any direct loss of income or revenue, loss of business, loss of prof its or contracts, loss of anticipated savings, loss of data, waste of management or off ice time; or
14.3.2 any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
14. Written Communications
14.1 You accept that communication with us may be by electronic means. We may contact you by e-mail or provide you with information. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15. Events outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure).
15.2 Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 f ire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications networks; and
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that Force Majeure continues, and we will have an ex tension of time for performance for the duration of that period. We will use our reasonable endeavours to bring Force Majeure to a close or to find a solution by which our obligations under the Contract may be performed despite Force Majeure.
16. Our Right to Vary these Terms & Conditions
16.1 We reserve the right to revise and amend these terms and conditions from time to time without notice.
16.2 You will be subject to the policies and terms and conditions in force at the time
that you order Products from us, 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 we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
17.1 If you have any queries about these Terms & Conditions, or any other aspect of our website, or you have a complaint, please email us at suppor firstname.lastname@example.org.
18. Law & Jurisdiction
18.1 Contracts for the purchase of Products through our site 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 cour ts of England and Wales.
Acceptable Usage Policy
This page (together with the documents referred to on it) sets out the terms between you and us under which you may access the eSupply Portal website. This Acceptable Usage policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Usage policy, which supplement our terms of website use.
Should you wish print a copy of these terms and conditions for future reference, press Control + P.
1. Prohibited Uses
1.1 You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised adver tising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
• Not to reproduce, duplicate, copy or re-sell any par t of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt: o any par t of our site;
o any equipment or network on which our site is stored;
o any software used in the provision of our site
2. Suspension & Termination
2.1 We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Fur ther legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
2.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
3. Changes to the Acceptable Use Policy
Any changes we may make to our Acceptable Use Policy will be posted on this page and, where appropriate, notif ied to you by e-mail. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on our site.
E&OE – Revised 09/20