Terms & Conditions
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.ghprinting.co.uk ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. in particular, our limit of liability at paragraph 14 below. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Should you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.
1. INFORMATION ABOUT US
Our site www.ghprinting.co.uk is operated by Goldhawk Forms Limited ("we/us/our"). We are registered in England and Wales under company number 03009120 and our registered office and main trading address is at Unit 26, Kent House, Old Bexley Business park, 19 Bourne Road, Bexley, Kent. DA5 1LR. Our VAT number is 656678384
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
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 be 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.
3.3 If paying by BACS the order will not begin to be processed until the money has cleared into our account.
4. USE OF OUR DESIGNS
4.1 All designs on our site are owned by or licensed to us. If you pay us the appropriate fee advertised on our site from time to time, we shall grant to you a non-exclusive perpetual licence for you to use those designs on your advertising material (such as vans and signage) and business stationery PROVIDED that you do not use the designs on any product intended for sale or resale by you.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
5.1 Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out in our acceptable use policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
5.2 In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our site will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
5.3 Failure to follow our site's preparatory instructions for uploading your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
5.4 You must not upload any material that will breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.
5.5 We have the right to remove any material uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy referred to at paragraph 5.1. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.6 You agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Products you have ordered.
5.8 We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that may be uploaded. We may delete your material stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time.
6.1 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.
7. AVAILABILITY AND DELIVERY
7.1 Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process. We do not offer international delivery at this time, but we will update our site if we can offer this service in the future.
7.2 Unless otherwise stated on our site, we have 5 turnaround options (depending on the product and quantity) - Same day, 1 working day, 2 working days, 3-4 working days and 7-10 working days. This relates to production time and does not include the delivery day. We use DPD, TNT, UPS and FedEx to deliver all Products and these are sent on a Next Working Day Service excluding Inverness, Highlands, Paisley and Aberdeen which will be delivered on a Two Working Day Service. The turnaround dates are estimates and cannot be guaranteed.
7.3 Working days are Monday to Friday, excluding UK Bank Holidays.
7.4 All Products will require signature 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 Product was delivered to the address provided by you as part of your order.
7.5 Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for.
7.6 An individual part is classed as a stand-alone product that may be sold in packages (e.g. in 1000 letterheads an individual part is 1 letterhead). We use our best efforts to deliver all parts to you in one package, but from time to time we may be unable to do so. In that circumstance we will update you by email and will arrange for separate deliveries.
7.7 Where delivery is delayed due to exceptional circumstances or a Force Majeure Event (please see paragraph 19 below), we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.
7.8 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 and we will hold these for 5 working days. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us regarding re-despatch within 5 working days, we may recycle the Products at our option and you will need to place a new order with us if the Products are still required.
8.1 You must notify us within 30 days of the date that the Products were dispatched of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. You should notify us by telephone at 01322 558837 or email at firstname.lastname@example.org. If you notify us after 30 days, paragraph 15.2 below shall apply.
8.2 The earliest date we can claim against DPD, TNT, UPS or FedEx for non-delivery is 15 working days from the date of despatch. We cannot process a reprint or refund before this time.
8.3 Once you have notified us in accordance with paragraph 8.2, we will send you a form to complete and return to us. Once the form is received we will either redeliver Products (or re-printed Products) to you at no further cost or expense to you or offer a refund.
9.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. However, you acknowledge that variations in respect of quantities are inherent within the printing industry.
9.3 Our liability in respect of shortages are as follows:
No credit awarded
Refund calculated on a pro rata basis
Missing quantities replaced
Shortage of up to 5%
Shortage of between 6% to 20% inclusive
Shortage of 21% and over
Shortage of up to 5%
Shortage of between 6% to 7% inclusive
Shortage of 8% and over
Shortage of up to 3%
Shortage of between 4% to 7% inclusive
Shortage of 8% and over
Shortage of up to 2%
Shortage of between 3% to 4% inclusive
Shortage of 5% and over
9.4 All refunds or re-prints shall be issued within 7 working days from the date of notification of an incorrect quantity.
9.5 All overages may be kept by you at no additional cost.
10.1 The images of Products and template designs on our site are for illustrative purposes only.
10.2 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.
10.3 We cannot be held responsible or liable for colour variance on an order that has been printed with us, regardless of when it was printed. However, if you are not happy with the Product that you have received, we may at our discretion offer a reprint or a refund. We are not liable to offer both. Please contact us by telephone at 01322 558837 or email at email@example.com if you wish to discuss this further with us.
10.4 For a folded leaflet and/or booklet, our tolerance is 1.5mm from the fold line as marked on your proof.
10.5 Please be aware there is also a 0.5mm off centre tolerance for trimming on some Products - for business cards, for example, the tolerance on trimming is 1mm.
10.6 The packaging of your Products may vary from that shown on images on our site.
10.7 If you wish to add any additional finishing tolerances, you can do so when completing your order process using our site. If the additional finishing tolerances are at an additional cost, these will be set out on our site.
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We sell a large number of Products through our site and it is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
12.2 Prices include delivery and VAT unless the Product is generally zero-rated for VAT (this will generally depend upon which Product you order from us). In this case, we will contact you if VAT becomes payable. If you do not wish to proceed with the order and pay VAT, you may cancel the order and we will issue a full refund to you.
12.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.4 You may pay for Products using any debit or credit card or by BACS transfer.
12.5 If you have been quoted for a bespoke price please note this quote is subject to change after 30 days from the date specified on the quote
12.5 Please note that voucher/discount codes cannot be used against a quote.
13. OUR REPLACEMENT POLICY
13.1 If you believe that a Product is defective, we may request that you return the product for our examination.
13.2 Our liability in respect of misprints are as follows;
No credit awarded
Refund calculated on a pro rata basis
Defective Products replaced
Misprints of up to 5%
Misprints of between 6% to 20% inclusive
Misprints of 21% and over
Misprints of up to 5%
Misprints of between 6% to 7% inclusive
Misprints of 8% and over
Misprints of up to 3%
Misprints of between 4% to 7% inclusive
Misprints of 8% and over
Misprints of up to 2%
Misprints of between 3% to 4% inclusive
Misprints of 5% and over
14. OUR LIABILITY
14.1 Subject to paragraph 14.2 below, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
14.2 We do not exclude or limit in any way our liability:
14.2.1 for death or personal injury caused by our negligence;
14.2.2 under section 2(3) of the Consumer Protection Act 1987;
14.2.3 for fraud or fraudulent misrepresentation; or
14.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
14.3.1 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
14.3.2 any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
14.4 Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15.1 Claims for damage, shortages or non-delivery must be advised by telephone at 01322 558837 or email at firstname.lastname@example.org within 30 days from the date that the Products were despatched.
15.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 15.1 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.
16. WRITTEN COMMUNICATIONS
17.1 You must give notice to Goldhawk Forms Limited either at its registered office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:
17.1.1 within 1 working day when given electronically; and
17.1.2 3 working days after the date of posting of any letter when served by post.
17.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The Contract is binding on you and us and on our respective successors and assigns.
18.2 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.
18.3 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.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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").
19.2 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:
19.2.1 Strikes, lock-outs or other industrial action;
19.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 Impossibility of the use of public or private telecommunications networks; and
19.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
19.3 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.
20.1 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.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
20.3 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 in accordance with paragraph 17 above.
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.
22. ENTIRE AGREEMENT
22.1 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.
22.2 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.
22.3 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.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 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).
24. THIRD PARTY RIGHTS
The Contract is between you and us. No other person has any rights to enforce any of its terms.
25. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales