General Terms and Conditions< Back
We can convert print data not sent in CMYK mode, but such conversion will be at the customer’s risk. Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original and, again, liability for these deviations will lie solely with the customer.
11. COMPLAINTS
Obvious defects in delivered goods must be reported to us within 5 working days of receipt.
Complaints made solely because you have failed to heed the information on requirements for the print data cannot be raised. This shall apply in particular to printed matter that is based on RGB colours, and in which the resolution is too low or in which fonts that have not been turned to curves/paths or that are not embedded are used.
Slight deviations in colour will not be regarded as defects.
Short or excess shipments of up to 10 % of the ordered print run that are customary in the printing trade must be accepted by you.
12. OUR LIABILITY
Colchester Press warrant that any Service or Product purchased from us through our web sites or in person are of satisfactory quality.
Our liability for any Service or Product purchased through our web sites are strictly limited to the purchase price of that Product.
If the supplied goods are defective or lack warranted qualities, Colchester Press – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Colchester Press 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. Colchester Press will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods.
If part of the purchase has defects, this will not authorise the customer to object to the entire goods.
In the event of rescission of the Contract, Colchester Press will refund any money received from you within a reasonable time.
13. OWNERSHIP, ARCHIVING, PROPRIETARY RIGHTS
13.1 The printing forms or carriers produced and used to produce the goods will remain its property.
13.2 Digital data and other objects required for reuse, as well as semi-finished and finished Products, will not be retained beyond the delivery schedule. Data used for production is not returned to the customer but deleted after shipment.
Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent. Colchester Press 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 Colchester Press 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.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications Colchester Press sends to you should be in writing. When using its web sites, you accept that communication with Colchester Press 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 Colchester Press provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and Colchester Press is binding on both parties and on their respective successors and assignees.
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.
Colchester Press 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.
16. EVENTS OUTSIDE OUR CONTROL
Colchester Press 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).
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: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. The acts, decrees, legislation, regulations or restrictions of any government.
Colchester Press’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. Colchester Press 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.
17 WAIVER
If Colchester Press 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.
A waiver by Colchester Press of any default will not constitute a waiver of any subsequent default.
No waiver by Colchester Press 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 14 above.
18. 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.
19. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between Colchester Press and the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Colchester Press and the customer, whether oral or in writing.
Colchester Press 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 Colchester Press prior to such Contract except as expressly stated in these terms and conditions.
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.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Colchester Press has the right to revise and amend these terms and conditions from time to time.
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 Dispatch 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).
21. LAW AND JURISDICTION
Contracts for the purchase of Services or 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.
