General Terms & Conditions
All terms and conditions relating to the supply of products from Broadway Publishing Limited [including when trading as PrintProcure] and its websites [www.PrintProcure.co.uk] are covered below. Please read all terms and conditions carefully before placing an order. By ordering any Product through Broadway Publishing Limited or its websites, you agree to be bound by these terms and conditions.
Please print a copy of these terms and conditions for future reference.
- About PrintProcure.co.uk
- Service Availability
- Your Status
- Customer Information
- IP Addresses and Cookies
- The Contract Between Us
- Availability & Delivery
- Risk & Title
- Price & Payment
- Print Data and Obligations to Check It
- Complaints
- Our Liability
- Ownership, Archiving, Proprietary Rights
- Written Communication
- Notices
- Transfer of Rights & Obligations
- Events Outside Our Control
- Waiver
- Severability
- Entire Agreement
- Our Right to Vary These Terms & Conditions
- Law & Jurisdiction
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About PrintProcure.co.uk
PrintProcure.co.uk is a website owned and operated by Broadway Publishing Limited; by purchasing from PrintProcure.co.uk, you are entering into a contract with Broadway Publishing Limited.
Registered Office: 17 Victoria Road East, Thornton-Cleveleys, Lancashire, FY5 5HT
Company Number: 6530498
VAT Number: 930069344
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Service Availability
PrintProcure.co.uk is intended for use only by people resident in the United Kingdom. We do not accept orders from, or deliver to addresses outside of the UK.
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Your Status
By placing an order through our website, you authorise that:
- You are legally capable of entering into binging contracts
- You are 18 years old or above
- You are resident in the United Kingdom
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Customer Information
- Communicating with the customer
For our communication purposes, when placing an order, the customer must indicate their up-to-date email address, of which they have full operability from the moment they place the order until the definite completion of the order. Any spam filter settings (offline and/or by provider) must be appropriately adjusted to ensure receipt of emails from Broadway Publishing Limited and www.PrintProcure.co.uk. This email address will also continue to be used in relevance to future orders until it is either recalled, or the customer sends a notification of change acknowledged by Broadway Publishing Limited.
Broadway Publishing Limited is authorised, but not obligated, to send messages of any kind by other means than electronic mail; this includes messages of essential importance for the contractual relationship and the correct implementation of the contract. It is emphasised, however, that the customer cannot insist that messages for him are sent by any other means, including by telephone, letter, fax or services of telecommunication systems, such as SMS (short message services) – nor can he successfully invoke ignorance if messages by such means of communication are missing, when Broadway Publishing Limited has sent the message to the email address according to paragraph 1.
Messages of Broadway Publishing Limited, which are sent by email to the email address according to paragraph 1, are presumed to be received by the customer following their dispatch. Broadway Publishing Limited is not responsible for transmission errors occurring outside of their own sphere.
Broadway Publishing Limited is not obligated to point out to the customer that there is a missing, wrong or inoperable email address in relation to paragraph 1.
- Personal data and privacy policy
- Broadway Publishing Limited is committed to protecting the privacy of its site visitors and customers; the storage of your data complies with statutory provisions. We do not store credit card details. Personal data (for instance name, contact/delivery details and payment information) you have provided us with will be used exclusively for the fulfilment and processing of the contract.
- For any printed products purchased through PrintProcure.co.uk that are not directly printed by Broadway Publishing Limited, we will pass on the details of the Product you purchase from us, along with the given delivery name and address, to the relevant supplier, so that your order can be fulfilled and delivered. Under no circumstances we will forward your personal details to third parties for advertisement or marketing purposes, nor for any other purpose which is not related to our service.
- We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity – a credit check is not performed and your credit rating is unaffected.
- If you have agreed to us doing so, we will also use your data to inform you about our latest products and other news concerning our offers. You are entitled to withdraw your agreement at any time. Additionally, you have the right to request us to change or delete your data. This process will not entail any further costs, except those charged by your provider for sending emails. If we alter or delete your personal data you have the right to be informed.
For further information concerning data protection and customer privacy, you can contact Customer Services at Print Loft:
Customer Services, Print Loft, Unit 11, Ground Floor, Bartle Court, Rosemary Lane, Bartle, Lancashire, PR4 0HF.
Email: info@PrintProcure.co.uk
- Communicating with the customer
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IP Addresses and Cookies
- We may collect information about your computer, including, where available, your IP address, operating system and browser type. This is purely statistical data about our users’ browsing actions and patterns; this information will only be used for system administration and to improve the layout of the website, and does not identify any individual.
- For the same reason, like almost all e-commerce websites, we may obtain information about your general internet usage by using a cookie file, which is stored on the hard drive of your computer once you log on to our site. The information contained in a cookie file can help us to improve our site and to deliver a better and more personalised service e.g. it will be recognised when you return to our website, and your experience can be customised according to your preferences and to help speed up your searches; we can also estimate our audience size and usage patterns from cookies.
- You can, however, change the settings on your browser to prevent cookies being stored on your computer without your explicit consent but this may disable access to certain parts of our website.
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The Contract Between Us
- When you place an order with us, this is defined as your offer to us to purchase the requested Product. You offer is subject to acceptance from Broadway Publishing Limited; we reserve the right to refuse an order. Acceptance will be confirmed by our sending of an Order Confirmation email to you; this will form a legally binding Contract between us.
- You will not have any right to cancel a Contract for the supply of any of the Products because the cancellation rights do not apply to the sale of custom-made articles or goods made to a consumer’s specification.
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Availability & Delivery
- All delivery/turnaround schedules specified on our website are not fixed and are given as estimated average values only. In placing an order with us, you accept that there may be slight variants on these schedules and Broadway Publishing Limited cannot be held liable for this. Delivery may, for example, be longer due to such reasons as force majeure, mechanical breakdown, or delays in delivery caused by courier services. We are bound by the terms and conditions of the courier company used for deliveries, and you accept these terms also when ordering directly or indirectly through us.
- The delivery period is specified in working days only. Saturdays, Sundays and Holidays are not classed as working days for Broadway Publishing Limited and the PrintProcure.co.uk website. Non-working days will also include a period surrounding the Christmas holiday, during which Broadway Publishing Limited and PrintProcure.co.uk will not be accepting orders or making deliveries – notification of these dates will be posted on the Home Page in advance and should be taken into consideration before placing an order.
- Your chosen schedule will begin on the first working day following the day on which we acknowledge receipt of and approve the fully completed artwork for the job, correct to our production guidelines. Premise is also that we have recognised your completed payment on our account. Prompt and proper fulfilment by the customer of such obligations will be required so that the turnaround and delivery period is observed.
- If the agreed turnaround schedule is not reasonably observed by Broadway Publishing Limited, you will first set a sufficient and realistic period of grace in writing. You can rescind the Contract if this period of grace expires without result.
- Broadway Publishing Limited does not have to respond to requests for order or delivery updates unless your full turnaround schedule has expired.
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Risk & Title
- Ownership of the Products will pass to the customer only when Broadway Publishing Limited receives full payment of all sums due, including any delivery and artwork charges. The Products will be at the risk of the customer from the time of which they are delivered or an initial delivery attempt has been made.
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Price & Payment
- The prices of any Products will be as quoted on the PrintProcure.co.uk website, valid at time of purchase only, except in cases of obvious error or in accordance of paragraph 9.4. Broadway Publishing Limited reserves the right to change the prices of Products at any time.
- The price at which the customer purchases a Product includes VAT, where applicable, and delivery costs. The costs for shipment will cover once-only dispatch to the delivery address specified by the customer.
- Some printed products are not zero-rated for VAT. If VAT has been charged at 0% at the time of purchase, for a product that is generally zero-rated, such as Leaflets, but it is realised, once we have received your artwork and therefore determined the use of your product, that VAT should be charged at the standard rate, we will contact you. In this case the VAT must be paid in full before your order can continue. More information on VAT can be found on the HM Revenue & Customs website, or by contacting them.
- In addition to any VAT and delivery costs, Broadway Publishing Limited may charge a fee for processing payment through PrintProcure.co.uk. This fee will depend on the payment method used and will be clearly shown on the website before your order is finalized.
- The PrintProcure.co.uk website contains a large number of Products and it is always possible that, despite our best efforts, some Items may be, on occasion, incorrectly priced. In the event that the 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 having the Product dispatched, or reject your order and notify you of such rejection. Should the Product’s correct price be in fact lower than that stated, we will normally only charge the lower price as procedure.
- Broadway Publishing Limited is under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a ‘mispricing’.
- Payment for all Products must be made upfront by Credit Card (MasterCard and Visa), Debit Card (Switch, Solo, Visa, Visa Electron and Maestro) or PayPal. We are not obliged to process your order, or begin any work relating to your order, until cleared payment of the total value of goods or services is received by us.
- 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 (sending of Order Confirmation). Costs caused by subsequent changes instigated by the customer will be charged separately.
- Broadway Publishing Limited will send invoices solely by email with a qualified electronic signature. 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.
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Print Data and Obligations to Check It
- We will carry out all print orders on the basis of the print data sent by you (or in the case of paragraph 10.5, approved for use by you). Error-free printing is not guaranteed in the case of differing data formats or other varying specifications.
- It is wholly the customer’s responsibility to carefully check the print data (Artwork) to determine whether it is suitable for the order, and in line with our production guidelines, before sending it to us. We will not check the print data and the customer alone will always bear the risk of any errors in the printed Products owing to incorrect data supplied.
- At your express request, formats other than those specified in the customer information will be processed, where technically feasible. If errors occur as a result of using these formats, responsibility will be borne by the customer and not Broadway Publishing Limited or PrintProcure.co.uk.
- 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.
- If you have employed the services of Broadway Publishing for the design of your artwork, it will be completed in line with your given brief and will utilise any components that you have supplied in the given format. You will be sent a proof copy of this completed artwork; it is entirely your responsibility to thoroughly check this proof copy, including all content, design elements and specifications, before you send us notification of your approval to proceed to print with the artwork data. We will only proceed with the order to print upon receiving your notification of approval; in giving your approval, you accept all liability in respect to any errors or omissions in the content or design. Similarly, you are also liable for any errors occurring on the printed Product that are a result of the incorrect format or resolution of any components supplied by you for the artwork to be designed with; we do not have a responsibility to check the format, quality or resolution of these components before use. You are also liable in the event that the components you send to us for use in your artwork data are not appropriately licensed for the intended use, or if any copyrights or royalties have been breached or ignored. It is wholly the customer’s responsibility to check all content, wording and text is correct, whether provided by them, or inserted by Broadway Publishing Limited, before giving their approval to print; changes cannot be made to artwork at any point after the customer has sent their notice of approval to print, even in the event that errors have been later realised. We do not accept any liability for such errors or the consequences of such errors.
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Complaints
- Any defects in delivered Products must be reported to us by email within 24hours of confirmed delivery for the complaint to be considered as valid.
- In the event that you believe the Products to be defective, after notifying us of the defect as in 11.1, you are required to send to us, at your own cost, a quantity of 30 product examples that represent this defect, as grounds for your complaint, as well as sufficient photographic evidence which clearly displays the full extent of the defect and the proportion of goods affected, unless otherwise agreed. Only when we receive these product examples and proof, are we under obligation to review your complaint.
- 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 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 trade must be accepted by you, provided they are reasonable. The supplied quantity will be charged.
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Our Liability
- Regarding any products that are not printed directly by Broadway Publishing Limited, all parties involved in supply warrant that the Products we are offering via them are of satisfactory quality. Broadway Publishing Limited has a responsibility to its customers to ensure these quality standards are maintained.
- Our liability for any Product purchased through PrintProcure.co.uk is strictly limited to the purchase price of that Product.
- This does not include or limit in any way our liability:
- For death or personal injury caused by Broadway Publishing Limited’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 Broadway Publishing Limited to exclude, or attempt to exclude, its liability.
- If the supplied Products are defective or lack warranted qualities, Broadway Publishing – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Broadway Publishing allows the period of grace set 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. Broadway Publishing 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 delivery has defects, this will not authorize the customer to object to the entire goods; the most likely resolution will be a percentage refund of the original purchase price, equal to the percentage of good defected within the order.
- In event of rescission of the Contract, Broadway Publishing will refund any money received from you within a reasonable time.
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Ownership, Archiving, Proprietary Rights
- Any printing forms or carriers produced and used by us or any of our suppliers to produce the Products will remain our/their property.
- Digital data and other objects required for reuse, as well as semi-finished and finished Products, will not be retained by Broadway Publishing Limited beyond the delivery schedule. Data used for production is not returned to the customer but deleted after shipment.
- Broadway Publishing Limited’s Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent (or in case of 13.4). Broadway Publishing has no influence on the contents of the printed Products. When submitting print data (or components for your artwork to be designed with by us – see 13.4) you represent that you have all rights to use, disseminate and publish that data, 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, and our print suppliers, without reservation if claims are asserted against Broadway Publishing Limited, or its print suppliers, 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.
- In the event that you employ the design services of Broadway Publishing Limited for the creation of completed print data, you represent that you have all rights to use, disseminate and publish any content and/or design elements, including, for example, imagery and logos, that you supply for use in the creation of that completed print data. Your liability is as in paragraph 13.3 for any components of the print data that are supplied by you.
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Written Communication
- Applicable laws require that some of the information or communications Broadway Publishing Limited/PrintProcure.co.uk sends to you should be in writing. When using its website, you accept that communication with www.PrintProcure.co.uk or Broadway Publishing Limited 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 Broadway Publishing Limited/PrintProcure.co.uk provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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Notices
- All notices by you to PrintProcure.co.uk/Broadway Publishing Limited must be given to Broadway Publishing Limited OR support@PrintProcure.co.uk. We may give notice to you at either the email or postal address you provide when placing an order, or in any of the ways specified in Paragraph 4.1. 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.
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Transfer of Rights & Obligations
- The Contract between you and Broadway Publishing Limited 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.
- Broadway Publishing Limited 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.
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Events Outside Our Control
- Broadway Publishing Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract, should such be caused by events outside its reasonable control (Force Majeure Event) effecting either itself or its suppliers.
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and include 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.
- Broadway Publishing’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, be it in relation to them or its suppliers, and it will have an extension of time for performance for the duration of that period. Broadway Publishing Limited 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.
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Waiver
- If Broadway Publishing Limited 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 Broadway Publishing Limited of any default will not constitute a waiver of any subsequent default.
- No waiver by Broadway Publishing Limited 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.
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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.
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Entire Agreement
- These terms and conditions and any document expressly referred to in them, represent the entire agreement between Broadway Publishing Limited and the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Broadway Publishing Limited/PrintProcure.co.uk and the customer, whether oral or in writing.
- Broadway Publishing Limited 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 Broadway Publishing Limited 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.
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Our Right to Vary These Terms & Conditions
- Broadway Publishing Limited 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 your order is dispatched (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).
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Law & Jurisdiction
- Contracts for the purchase of Products through our website, PrintProcure.co.uk, 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.