Terms and Conditions
v1.2 12/02/19
This document (together with our Privacy Policy) sets out all terms and conditions relating to the supply of products from Folders4u (a division of Scantech Lithographic Ltd), the use of our website (folders4u.co.uk), and how we will use any personal data we collect from you, or you provide to us during your use of the online printing service (the 'website').
Please read all our terms and conditions carefully before placing an order. By ordering any of our products, you agree to be legally bound by these terms and conditions. We recommend you should print a copy of these terms and conditions for your reference.
By ticking the "I have read and agree to the Terms and Conditions" box you enter into a binding agreement with us and agree to accept these terms and conditions. No orders can be placed without ticking "I have read and agree to the Terms and Conditions".
1. About Folders4u
folders4u.co.uk is a website operated by Folders4u, a division of Scantech Lithographic Ltd., registered in England and Wales.
Registered Office:
8 High Street
Heathfield
East Sussex
TN21 8LS
Company number: 3123143
VAT number: 583 6908 95
2. Service Availability
folders4u.co.uk is intended for use only by people resident in the United Kingdom. We do not accept orders from outside the UK.
3. Your Status
By placing an order through our website you confirm that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years old.
- You are resident in the United Kingdom
4. Customer Information
4.1 Personal Data
Your personal data (including, but not limited to, name, address, email address, payment amounts) will be used to enable the processing and fulfilment of your orders. We will not share this data with any third parties, with the following exceptions:
- Name and address details will be disclosed to couriers where necessary to facilitate delivery of goods.
- We may disclose any of your details where we are legally entitled to do so (eg pursuant to a court order or for the purposes of crime/fraud prevention)
- If we, or substantially all of our assets, are acquired by a third party, personal data about our clients will be one of the transferred assets.
You have the right to request that we alter or remove your data at any time, free of charge. If we alter or remove your personal data for any reason you have the right to be informed.
4.2 Security
We store your personal data and data relating to your orders for the purposes of fulfilling your current and future orders. Personal data is stored in an encrypted form, and all reasonable measures are taken to prevent unauthorised access.
4.3 Accuracy
You should ensure your personal data is accurate. You are able to view and modify your personal data securely via the 'my details' section in the 'My Zone' area of the website.
4.4 Credit Card Information
Credit card transactions are handled by our payment service provider, SagePay. We do not process or store your credit card details on our servers. All queries regarding credit card security should be addressed to SagePay:
SagePay
4th Floor
100 Gray's Inn Road
London
WC1X 8AL
Tel: 0845 111 4455
www.sagepay.com
5. Non-Personal Data: IP Addresses and Cookies
We may collect information about your computer including your IP address, operating system and browser, for security and system administration purposes, and to help improve the browsing experience. This is statistical data about users' browsing behaviour, and cannot identify any individual.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site.
6. The Contract Between Us
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm acceptance by sending you an email confirming your order (the Order Confirmation). A legally binding contract between us will be formed only when we send you this Order Confirmation.
7. Cancellation
You will not have any right to cancel an order once placed, since statutory cancellation rights do not apply to the sale of custom-made articles or goods made to a customer's specification.
8. Availability and Delivery
8.1 Any specified delivery timescales are guidelines only, unless otherwise stated. Specified delivery schedules indicate planned shipment times only.
8.2 The planned delivery date is calculated from the time of receipt and confirmation by Folders4u of all relevant data, payments and email notices. Where artwork is incompatible with the requested order, we will contact you to attempt to rectify this. Only when suitable artwork has been received - and a digital proof signed off by you - will the delivery period commence. The delivery period is specified in working days - Mondays to Fridays, excluding public holidays.
8.3 The delivery period will be regarded as having been observed if the goods have left the plant or, if they can be despatched, have been reported as ready for shipment by the end of the delivery period.
8.4 If the agreed delivery schedule is not observed by Folders4u, you must first set a reasonable period of grace in writing. You can rescind the Contract if this period of grace expires without delivery.
9. Risk and Title
9.1 The Products will be at your risk from the time of delivery. If the goods are ready for despatch and shipment or acceptance of them is delayed for reasons for which we are not to blame, the risk shall pass to the customer when the customer receives notice that the goods are ready for shipment.
9.2 Ownership of the Products will pass to you only when Folders4u receives full payment of all sums due.
10. Price and Payment
10.1 The prices of any Products will be as quoted on Folders4u's website at the time of order, except in cases of obvious error.
10.2 These prices include delivery costs. The costs for shipment will cover once-only despatch to one delivery address specified by the customer. This must be the registered address of the credit card used to make the payment.
10.3 Folders4u's website (folders4u.co.uk) contains a substantial number of Products and format options, and whilst we attempt to display correct pricing at all times, it is always possible that some items may on occasion be incorrectly priced. We will normally verify prices as part of our despatch procedures, and where a Product's correct price is less than the stated price, we will normally charge the lower amount. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
10.4 Folders4u is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a 'mis-pricing'.
10.5 Payment for all Products must be by credit card (MasterCard and Visa) or debit card (Visa Debit, Solo, Visa Electron), unless a special arrangement has been made.
10.6 The stated prices apply on the condition that the order data on which the prices are based does not change after conclusion of the Contract. Costs caused by subsequent changes instigated by the customer will be charged separately.
10.7 Folders4u will send invoices solely by email. By submitting an order the customer agrees to this form of invoicing. Payments will be due regardless of whether and when an invoice is issued.
10.8 Unless specified otherwise on the Order Confirmation, the gross total price will be due for payment immediately after conclusion of the Contract (receipt of the Order Confirmation).
11. Print Data and Obligations to Check it
11.1 We will carry out all print orders solely on the basis of the print data supplied by you. Uploaded artwork must be supplied as a PDF file, with all fonts embedded and any images of a suitable resolution, and must fit the relevant cutting template (downloadable from the relevant product page) allowing for 3mm bleed all round. It must also be correctly set-up for colour (two or fewer Pantone Colours, or one Pantone and black for one or two colour formats, CMYK for full colour).
11.2 You must carefully check the print data to determine whether it is suitable for the order before sending it to us.
11.3 On receipt of your order, we will check your artwork, free of charge, to determine if it is correctly set-up for colour and template-fit. If it is incorrect, we will temporarily put your order on hold, and contact you to discuss how to proceed.
12. Complaints
12.1 Obvious defects in delivered products must be reported to us within 10 working days of receipt.
12.2 Slight deviations in colour will not be regarded as defects.
13. Our Liability
13.1 Folders4u warrant that any Product purchased from us through our website is of satisfactory quality.
13.2 Our liability for any Product purchased through our site is strictly limited to the purchase price of that Product.
13.3 This does not include or limit in any way our liability:
- For death or personal injury caused by Folders4u's negligence
- Under section 2 (3) of the Consumer Protection Act 1987
- For fraud or fraudulent misrepresentation
- For any matter for which it would be illegal for Folders4u to exclude, or attempt to exclude, its liability.
13.4 If the supplied goods are defective or lack warranted qualities, Folders4u – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Folders4u allows the period of grace set for it to elapse without supplying a replacement or rectifying the defect, or if subsequent remedy fails, you can rescind the Contract or demand appropriate reduction in the purchase price, to the exclusion of all other claims. Folders4u will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods.
13.5 If part of the delivery has defects, this will not authorize the customer to object to the entire goods.
13.6 In the event of rescission of the Contract, Folders4u will refund any money received from you within a reasonable time.
14. Uploaded/Generated Content
14.1 The printing plates used by Folders4u to produce the goods will remain its property.
14.2 Data uploaded or created online will be retained by Folders4u, to enable easy ordering of reprints and creation of artwork in the future.
14.3 Any artwork generated on our site remains the intellectual property and copyright of Folders4u/Scantech Lithographic Ltd. You may not download this artwork in order to print it elsewhere. You may access it in preview form for the sole purpose of checking content. Previews will be watermarked in order to discourage illegal reproduction.
14.4 In the case of artwork uploaded to our site, including any logos or images, all rights remain with the owner. We will store these items to enable easy ordering of reprints and generation of new artwork; however you have the right to request we remove any such files, free of charge, at any time.
14.5 You may not upload or generate the following types of content:
- material which is defamatory of any person;
- material which is pornographic, obscene, indecent or offensive;
- material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- material that is likely to incite hatred or violence against any person or group;
- material that is likely to deceive any person;
- blasphemous material;
- material which concerns or relates to any criminal act;
- material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
- material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
- material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
- material which is likely to harass, upset, embarrass, alarm or annoy any other person;
- material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- material which gives the impression that it emanates from us, if this is not the case;
- material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- material that breaches any applicable laws or legislation.
14.6 Folders4u Products will be created solely on the basis of the customer's content-related stipulations in the print data that has been sent. Folders4u has no influence on the contents of the printed Products. You represent that you have all rights to use, disseminate and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the data you supply does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. You will indemnify us without reservation if claims are asserted against Folders4u due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by you.
15. Written Communications
Applicable laws require that some of the information or communications Folders4u sends to you should be in writing. When using our website, you accept that communication with Folders4u will be mainly electronic - we will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Folders4u provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Notices
All notices by you to Folders4u must be given to Folders4u (a division of Scantech Lithographic Ltd) OR support@folders4u.co.uk. We may give notice to you at either the email or postal address specified in your account details. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and, in the case of an email, that it was sent to the specified email address.
17. Transfer of Rights and Obligations
17.1 The Contract between you and Folders4u is binding on both parties and on their respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 Folders4u may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
18. Events Outside our Control
18.1 Folders4u will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Folders4u's performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Folders4u will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
19. Waiver
19.1 If Folders4u fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer's obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.
19.2 A waiver by Folders4u of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by Folders4u of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing in accordance with Paragraph 16 above.
20. Severability
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, they 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.
21. Entire Agreement
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Folders4u and the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Folders4u and the customer, whether oral or in writing.
21.2 Folders4u and the customer both acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Folders4u prior to such Contract except as expressly stated in these terms and conditions.
21.3 Neither of the parties will 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 will be for breach of contract as provided in these terms and conditions.
22. Our Right to Vary these Terms and Conditions
22.1 Folders4u has the right to revise and amend these terms and conditions from time to time.
22.2 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 these policies or 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 these policies or these terms and conditions before we send you the Despatch 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 seven working days of receipt by you of the Products).
23. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the English courts.
