|1.1||2018-06-14||Addendum on delivery to venues/events 5(D) and restriction on returning part orders 7(F)(b)|
|1.2 (this document)||2018-08-15||Definition of Monitor expanded to include Screen in 3(D)
Promotion restriction added in 4(F)
Terms of Agreement
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to [email protected].
- “Seller” means APL Packaging Limited, registered in England, No: 6736803 (in these Terms and Conditions also means any Website controlled and/or operated by APL Packaging Ltd) whose registered office is at Unit 10, Silverdale Industrial Estate, Meadow Road, Worthing, West Sussex, United Kingdom, BN11 2RZ.
- “Website” means any website controlled and/or operated by the Seller, including but not limited to:
- “Buyer” means the person whose name is printed on the Order.
- “Contract” means the order and Order Confirmation (incorporating any Special Conditions).
- “Faulty” means containing a fault or defect; imperfect or defective.
- “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
- “Sample” means goods that are given away or sold singly for the purpose of inspecting the quality and/or material before full purchase.
- “Order” means the Buyer’s order for Goods or services.
- “Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(B).
- “Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
- “Person” means any person, firm or company.
- “Individual” means any person, firm or company.
- “Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
- “Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
- “Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
- “Off the Shelf” means a product that is not made to Buyers specification, is not personalised by the Buyer in any way and has not been imported specifically for the Buyer.
- “Promotion” means any voucher, code or discount which reduces the price of Goods or an Order.
2. Basis of Sale
A. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
B. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
C. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
A. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
B. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
C. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system used by the Seller.
D. The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor or screen.
E. Where Goods supplied consist of containers, wrappers or other articles intended for use in connection with any clothing, food, drug or substance of a volatile or delicate nature, the Buyer shall satisfy itself that such clothing, food, drug or other substance is not likely to be affected by any material used. The Seller shall not be liable to the Buyer in respect of any claim alleging that such clothing, food, drug or substance has been adversely affected and the Buyer shall indemnify the Seller from and against all liability by Third Parties in respect of any claim that any such clothing, food, drug or substance has been adversely affected and caused the Third Party loss damage or expense.
F. No responsibility shall be accepted for any errors made by the Seller or the Buyer for Goods that are not Off the Shelf, Personalised or otherwise made to the buyers specification in which a proof has been submitted to and approved by the Buyer.
G. Items sold as “Sample” are intended to be purchased for the sole purpose of inspecting the quality and/or material of the product, and as such are not covered under the Consumer Contracts Regulations and you do not have the same rights as when purchasing Goods.
H. In the case of Personalised Goods, where the Buyer has supplied artwork to be printed onto the Goods, the Seller uses colour conversion tools in order for printing hardware to operate. The Seller accepts no responsibility for colour mismatches or shade differences when colour conversion tools have to be used and the Buyer should expect colour variation in the finished Product.
I. Light ink printed onto a dark substrate will darken the lightness of the ink. The Seller accepts no responsibility of the choices made by the Buyer in respect to substrate and ink colour.
4. Price, Payment and Currencies
A. Prices are clearly marked as being either inclusive or exclusive of VAT. VAT is added based on the final value of your order in the check-out process, at the rate applicable to your country. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
B. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. Alternatively, payment may be made at a later date by credit card or debit card or direct bank transfer, at which point the Contract will be in force.
C. The Seller accepts payments in Pound Sterling (GBP), which means the Buyer must make payment in Pound Sterling (GBP) and no other currency is accepted. If a payment is received in a different currency then it shall be rejected and the Order shall remain unpaid.
D. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
E. In order to comply with PayPal Seller Protection, a Contract which has Payment made by PayPal, may not request that the Delivery Address be updated and the Seller shall refuse any such request. See the PayPal Terms and Conditions for more information on PayPal Seller Protection.
F. Any Promotion offered to new Buyers must only be obtained and used when no previously accepted Orders have been made; excluding any Order subsequently cancelled and refunded before the Goods have been dispatched or any Order for Sample Goods.
The Seller reserves the right to reject any Order where a voucher, promotion or discount intended for new Buyers has been used by an existing Buyer.
G. If the Buyer enters a voluntary arrangement with its creditors or has a petition for an Administration Order with its creditors or becomes subject to an Administration Order or becomes bankrupt or goes into liquidation or a Receiver and/or Manager or Administrative Receiver is appointed the Seller shall be entitled to immediately cancel the contract or any part thereof or suspend any further deliveries or require a cash payment before any delivery is made. If the goods have been delivered but not paid for the price shall become immediately due and payable.
A. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
B. The Seller will endeavour to process the Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
C. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
D. The Seller assumes no responsibility for Goods delivered to public venues or other locations in which the Buyer is not personally available for signature of the required proof of delivery. Any such deliveries are at the sole responsibility of the Buyer.
E. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
F. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
G. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. Risk and Property
Risk of damage to or loss of the Goods will pass to the Buyer upon delivery to our chosen carrier. Property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
7. Returns, Refunds and Rights of Cancellation
A. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
a. the Buyer changes their mind about a Contract in no case longer than 14 days after receipt of the Goods the Contract covers and the purchased Goods are Off the Shelf and are not Personalised or made to the Buyers specifications.
b. if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
c. in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
d. The Goods ordered are not sold as a Sample.
B. Notice of the wish to cancel must be made by email to the email address of the Seller shown below.
C. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalised.
D. In the case of cancellation under Condition 7(A) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
E. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
F. Unless the goods are faulty as per 7(A)(c), the Buyer:
a. is responsible for the cost of return shipping;
b. must return Goods in the quantity increments in which they are sold and cannot be part returned.
G. Any Goods ordered as a Sample are non-returnable and non-refundable under any circumstance.
8. Limitation of Liability
A. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7(A). or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8(A).
B. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action, act of god or force majeure.
C. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
D. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the Seller’s Websites, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
E. In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to Buyer in connection with the services provided through the Seller’s Websites. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
9. Intellectual Property
A. All Seller Websites (including this one) is owned and operated by the Seller. Unless otherwise noted on a Seller Website, the Seller owns the copyright with respect to all content on Seller Websites. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on Seller Websites. All rights to content, services, and server information are reserved. Any modification made to the content of Seller Websites by a third party is a violation of the Seller’s copyright. Additionally, the Seller’s Websites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
B. Nothing contained on the Seller’s Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Seller Website or any information displayed on any Seller Website, through the use of framing or otherwise, except
a. as expressly permitted by these Terms and Conditions of Business;
b. or with the prior written permission of the Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on any Seller Website.
C. All trademarks not owned by the Seller that appear on the Seller’s Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Seller.
D. The Buyer agrees that as an express condition of the holding of an account with the Seller, the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Seller’s Websites.
E. Copyright complaints by third parties
a. The Seller respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide the Seller’s copyright agent with the following information:
i. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
ii. a description of the copyrighted work that you claim has been infringed;
iii. the place where the material that you claim is infringing is located on any other the Seller’s Websites;
iv. your address, telephone number, and email address;
v. a statement that your claim of infringement is based on a good-faith belief;
vi. a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
The Seller’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
APL Packaging Ltd
Unit 10, Silverdale Industrial Estate
10. Data Protection
A. The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (“the Act”).
11. General and Miscellaneous
a. Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
b. A notice served on the Seller will be addressed as provided in Condition 9(E) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
i. if sent by personal delivery, upon delivery at the address of the relevant party; or
ii. if sent by first class post, two clear business days after the date of posting.
c. The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
i. the date specified as the date on which the change is to take place; or
ii. if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
iii. In order to comply with PayPal Seller Protection, a Contract which has Payment made by PayPal, may not request that the Delivery Address be updated and the Seller shall refuse any such request. (see 4(E))
d. This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
B. Governing law and jurisdiction
a. The Contract shall be governed by and construed in accordance with English law.
b. The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
D. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
F. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee any of the Seller’s Websites will be available 100% of the time. Although the Seller strives to provide the most reliable Websites possible, interruptions and delays in accessing the Websites are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
G. Typographical Errors
Information on the Seller’s Websites may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the any Website is accurate, complete, reliable, current, or error-free.
I. Off-Site Links
A link to a website not controlled or operated by the Seller does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
K. User Registration, eligibility and account activity
In registering for a user account, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the Seller’s Websites is accurate. Falsifying or omitting contact information such as a member’s name, address, and/or telephone number when registering with is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using the Seller’s Websites the Buyer must obey all applicable international, federal, state, and local laws.
L. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer’s user registration for violating Seller Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
M. Seller’s right of removal of materials
The Seller reserves the right at any time with or without the Buyer’s prior consent and without liability to the Buyer in that regard to delete from the Seller’s Websites all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
N. Buyer indemnification of the Seller’s Websites
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from the Buyer’s submissions to the Seller’s Websites, and/or from the Buyer’s unauthorised use of material obtained through the Seller’s Websites, and/or from the Buyer’s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’s use of the Seller’s Websites.
O. Seller’s right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller’s services on a regular basis should check the relevant links regularly before placing Orders.
P. Online Dispute Resolution
If you are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: https://ec.europa.eu/consumers/odr/