Terms and Conditions
As part of our online ordering you are asked to confirm your acceptance of our Terms and Conditions. By confirming this order you have entered into a binding agreement with "Digital Colour Services" (the trading name of Lewis and Carter Ltd also known as digitalcolourservices.co.uk) and you have agreed to be bound by these Terms and Conditions.
1. Samples service.
Once a set of samples has been ordered, under our refund scheme the refund can only be used against one full order of Greetings or Postcards - it cannot be used against a further sample order. Only one coupon refund is allowed per order.
2. Our name on printed work
Unless you specifically request that we remove it, any printed matter may carry our imprint which will be positioned at our discretion.
3. Price Variation And Invoicing
a) Digital Colour Services reserve the right to change our prices at any time without prior notice.
b) Prices published on the website are for orders placed via the website only. Other methods of submitting an order may incur additional charges to reflect the increased administration.
c) Any alteration to the order after it has been placed may incur an additional charge.
d) Digital Colour Services will send invoices for online orders solely by email. By submitting an order the Customer agrees to this form of invoicing. Our payment terms are strictly ’payment with order’.
4. Customers’ files
We reserve the right to charge for any additional work required by reason of the Customer supplying unsuitable Electronic Files or Print Ready Files, inadequate copy, incomplete or incorrect instructions shall be charged.
Prices given on our website include Value Added Tax at 20% and we reserve the right to charge and the Customer shall pay any increase in VAT.
a) Proofs may be supplied by us for you to examine and approve, cancellation of the order after such proofs have been supplied may result in a reduction of any reimbursement due to you. If you waive any requirement to examine proofs, we shall be indemnified by you against any and all errors in the finished Work.
b) Digital Colour Services will not accept liability for any errors not corrected by the Customer where the Customer has been provided with proofs. The Customer’s alterations and additional proofs necessitated thereby may be charged extra. When style, type or layout is left to our judgement, changes therefrom made by the Customer may be charged extra.
c) Proofs supplied should not be taken as accurate for colour comparison to the finished Work. Printed proofs should be ordered and paid for to check for accurate colour.
d) We will make all reasonable effort to obtain the best possible colour reproduction on the Customer′s order but variation is inherent in the printing process and it is understood and accepted as reasonable that we shall not be required to guarantee an exact match in colour or texture between the Customer′s photograph, transparency, proof, Electronic File, Print Ready File, previously printed or any other materials supplied by the Customer and the finished Work. It is accepted and understood that Pantone colours (also known as spot colours) cannot be accurately reproduced due to the inherent nature of our full colour printing process.
7. Payment & Delivery
a) Delivery of the order shall be accepted when tendered. If the Customer or other authorised signatory is not present at the agreed delivery address to accept delivery, then we shall be entitled to charge extra for any subsequent redelivery attempts.
b) Completion and delivery (measured in working days) from receipt of cleared or authorised payment and of approval by the Customer in writing of any Proofs are a guide only and, whilst we will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Customer.
8. Materials Supplied Or Specified By The Customer
Digital Colour Services shall not be responsible for checking the accuracy or suitability of supplied input from an Electronic File or Print Ready File.
9. Risk And Storage
a) Customer’s property and all property supplied to us by or on behalf of the Customer shall while it is in our possession or in transit to or from the Customer are deemed to be at the Customer’s risk unless otherwise agreed in writing and the Customer should insure accordingly.
b) Customers’ files and artwork stored by us either electronically or physically shall be at the customers’ risk. We take no responsibility for the accidental loss of computer files and customers should keep a back-up copy or request a copy from us, which will be charged for.
10. Finished Goods
The risk in the Work and all goods delivered in connection with the Work shall pass to the Customer on delivery and the Customer should insure accordingly.
a) Insofar as is permitted by law where Work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect, or refunding the amount paid for that part of the order (where the order comprises different elements).
b) It is the customers’ responsibility to check that the goods have arrived in an acceptable condition. DO NOT ACCEPT DELIVERY IF THE OUTER BOXES ARE DAMAGED. We reserve the right not to replace goods damaged in transit if they have been signed for.
12. Illegal matter
a) Digital Colour services shall not be required to print any matter which in their opinion is or may be of an illegal, offensive, extreme or libellous nature or an infringement of the proprietary or other rights of any third party.
b) You acknowledge that we shall be indemnified in respect of any claims, costs and expenses arising out of the printing by us for you of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
You shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like (“Materials”) prior to instructing us to reproduce the same. You shall indemnify and hold blameless Digital Colour Services against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by us infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
14. Suitability of Work supplied
It is the Customers responsibility to ensure that products ordered from the Digital Colour Services are suitable and we shall not be held liable if the Customer orders a product that is unsuitable for its intended use, including (non-exhaustively) incorrect type of paper specified for goods to be post processed through a laser, inkjet or similar printing device, self-adhesive or label products which have special requirements such as to be removable and products that will be used in connection with food or food packaging. We will take all reasonable steps to assist the Customer in specifying the correct product if the Customer so requests.
15. Force majeure
Digital Colour Services shall be under no liability if unable to carry out any provision of the contract for any reason beyond our reasonable control.
16. Right to cancel
Unless one of the exceptions listed below applies, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Digital Colour Services, Unit 3, Creedy Vale, Down End, Lords Meadow Industrial Estate, Crediton, Devon EX17 1HN. Telephone 01363 777101, Email: firstname.lastname@example.org) of your decision to cancel this order. You may submit your request by post (a form to download and print is available) or email. You can also electronically fill in and submit our cancellation form - if you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by e-mail without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
Bespoke and customised goods
A proof service if we have fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started
17. Data Protection - GDPR
a) By placing an order or registering on the Website the Customer consents to Digital Colour Services using its information for marketing purposes whereby we may notify the Customer about its products, services or special offers that may be of interest, unless otherwise agreed as outlined in our Data Privacy below.
b) If you require your personal data changed or deleted, please contact us. We will endeavour to facilitate your requirements subject to our Data Privacy (section C, Legal compliance) below.
c) If you require a copy of your data and/or any information about your data and how it has been used, please contact us. This does not include print ready files which remain the property of Digital Colour Service (these can be deleted on your request).
d) We hold your data on our internal servers and on our online 3rd party shopping cart and accounts system. We also use a 3rd party upload provider, were we stores your designs and contact details (stored for 3-6 months as a backup). Relevant data is also transferred to 3rd parties where required (see Data Privacy below).
18. Data Privacy
Under data protection rules we must look after your information and must have good reason to collect, process and store your personal data, including:
a) Order fulfilment - Contractual obligations
In order to fulfil our contractual obligations to you, we collect and store your personal data provided by you including order information and designs. We do not store Credit card details, these are stored on 3rd party Level 1 PCI DSS compliant service provider.
Data duration – We hold your data and hard copy samples for repeat orders, this allows us to keep continuity (such as colour) on reordering historical orders (we are currently reviewing how long this information should be stored). (Please also see Section 3. Legal Compliance.)
Who – We only share relevant data to 3rd parties to facilitate the fulfilment of you order (e.g. courier, credit card processing)
b) With your consent
In specific situations, we collect and process, with your consent, personal data (e.g. name and address). (For example, Newsletters request.)
Data duration – We will keep this data while we have your consent. We are currently reviewing the storage of data outside this remit.
Who – We do not share this data. We may use a 3rd party mailing system which may require us to store necessary data to facilitate the mailing.
c) Legal compliance
We will collect and store data if the law requires us to or to defend against litigation (e.g. Tax records, copyright infringement litigation) .
Data duration - We will store this data for the minimum amount of time to comply with these requirements.
Who – Anyone who requires the relevant data to comply with this requirement. (e.g. Law enforcement, HMRC, our Accountant or the Courts)
d) Legitimate interest
Data duration – Data is held for as long as it is legitimately required. Anonymous data will be held indefinitely.
Who – We do not share your personal data (other than previously stated in section 1,2 &3). We share anonymous data with media partners to help improve our marketing and/or website performance.
a) Digital Colour Services may collect information about the Customer′s computer including, where available, IP address, operating system and browser type and demographics, for system administration and to report aggregate information to advertisers and improve the layout of our Website. This is statistical data about our Customers′ browsing actions and patterns and does not identify any individual or is not used to do so.
These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
All specifications and notices relied on by either Party and all variations to this agreement must be in writing and include a duly authorised signature.
22. Variation to Terms and Conditions
These Terms and Conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via the Website or requested in writing.
Nothing in these Terms and Conditions shall affect your Statutory Rights