TERMS & CONDITIONS
Terms of Sale – Twenty10 Digital Limited
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.twenty10-digital.com (“our site”) 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.
1. INFORMATION ABOUT US
Our site is a site operated by Twenty10 Digital Limited (“we/us/our”). We are registered in England and Wales under company number 07100247 and our registered office is at Enterprise House, Tenlons Road Industrial Estate, Tenlons Rd, Nuneaton CV10 7HR Our VAT number is 985 8018 74.
At Twenty10 we want to ensure that all calls are dealt with in a consistently professional manner and therefore calls may be recorded for training, quality and monitoring purposes.
2. YOUR STATUS
By placing an order with Twenty10 Digital Limited, you warrant that you are legally capable of entering into a binding contract.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are 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 we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our 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.
4. APPROVALS
4.1 Prior to producing the Products, we make 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. We shall have no liability to you for any errors in the proof subsequently discovered by you.
4.2 Your statutory rights are not affected by these terms and conditions.
5. AVAILABILITY AND DELIVERY
5.1 Unless there are exceptional circumstances, your Products will be dispatched for delivery in accordance with the delivery service chosen by you during the ordering process.
5.2 We aim to dispatch within 2 working days from the date of the Order.
5.3 Working days are Monday to Friday, excluding UK Bank Holidays.
5.4 Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
5.5 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-dispatch of the Products to the correct delivery address.
5.6 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 we will incur no liability provided that the parcel was delivered to the address provided by the purchaser.
6. NON-DELIVERY
6.1 If your order is returned to us, we will hold it for 2 working days.
6.2 During this period if you would like your order sending back out, an additional delivery fee will be required and added to your invoice.
6.3 We will make every effort to contact you during this time however we do not accept responsibility if we have not been able to do so.
6.4 If we have not had an update within the 2 working days your order will be recycled and if still required, a new order will need to be placed.
7. QUALITY
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.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site, except in cases of obvious error.
8.2 These prices do not include VAT.
8.3 Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation.
8.4 Invoices must be paid within 30 days of receipt of invoice unless by prior agreement. Payment can be made by Bank Transfer, Cheque or Sterling. We do not accept credit or debit cards.
9. OUR REPLACEMENT POLICY
If you believe that a Product is defective, we will request that you return the product for our examination.
10. CLAIMS
10.1 Claims for damage, shortages or non delivery must be advised by phone or email within 30 days from the date that the Products were dispatched.
10.2 We shall not be liable in respect of any claim unless we are notified within 30 days, except where you demonstrate to our 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.
11. OUR LIABILITY
11.1 Our liability in connection with any Product purchased from us is strictly limited to the purchase price of that Product (including delivery costs).
11.2 We do not exclude or limit in any way our liability:
11.2.1 For death or personal injury caused by our negligence;
11.2.2 Under section 2(3) of the Consumer Protection Act 1987;
11.2.3 For fraud or fraudulent misrepresentation; or
11.2.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
11.3.1 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
11.3.2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The Contract is binding on you and us and on our respective successors and assigns.
12.2 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.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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 Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 Strikes, lock-outs or other industrial action;
13.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 Impossibility of the use of public or private telecommunications networks; and
13.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. WAIVER
14.1 If we 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 we fail to exercise any of the rights or remedies to which we are 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.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
14.3 No waiver by us 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.
15. 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, 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.
16. ENTIRE AGREEMENT
16.1 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.
16.2 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.
16.3 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.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions at any time.
17.2 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 seven working days of receipt by you of the Products).
18. LAW AND JURISDICTION
Contracts for the purchase of Products from us 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