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Terms & Conditions

1. INTERPRETATION

1.1 In these Conditions:

- "BUYER" refers to the person or business that accepts a quote from the Seller for the sale of custom Goods.

- "GOODS" refers to the goods that the Seller agrees to supply in accordance with these Conditions.

- "SELLER" refers to Printacup LTD.

- "CONDITIONS" refers to the standard terms and conditions of sale set out here and any special terms and conditions agreed in writing between the Buyer and the Seller.

- "CONTRACT" refers to the contract for the purchase and sale of the Goods.

- "WRITING" includes email and/or other comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. BASIS OF SALE

2.1 The Seller will sell and the Buyer will purchase the Goods in accordance with the Seller's written quotation (if accepted by the Buyer) or the Buyer's written order (if accepted by the Seller), subject to these Terms, which will govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2.2 No variation to these Terms will be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. The Buyer acknowledges that it does not rely on any such representations which are not confirmed in writing, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents regarding the storage, application, or use of the Goods which is not confirmed in writing by the Seller is followed or acted on entirely at the Buyer's own risk. The Seller shall not be liable for any such advice or recommendation that is not confirmed in writing.

2.5 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.6 The Seller shall be entitled to correct any error contained in any quotation issued by electronic communication to the Buyer without any liability on the part of the Seller. The Buyer acknowledges that errors can occur more readily through electronic communication but that such errors can be corrected by the Seller without any liability or obligation to be bound by such mistaken terms.

3. ORDERS AND SPECIFICATIONS

3.1 No order submitted by the Buyer will be deemed accepted by the Seller unless and until confirmed in writing by the Seller's authorised representative.

3.2 The Buyer is responsible for ensuring the accuracy of the terms of any order, including any applicable specifications, submitted by the Buyer. The Buyer must provide the Seller with any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

3.3 The quantity, quality, description, and any specification for the Goods will be as set out in the Seller's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Seller).

3.4 If the Goods are to be manufactured or any process is to be applied to the Goods according to a specification submitted by the Buyer, the Buyer shall indemnify the Seller against any loss, damages, costs, and expenses resulting from the Seller's use of the Buyer's application in connection with any claim for infringement of any patent, copyright, design, trademark, or other industrial or intellectual property rights of any other person.

3.5 The Seller reserves the right to make any changes in the specification of the Goods required to conform to any applicable statutory or EU requirements. If the Goods are to be supplied to the Seller's specification, such changes will not materially affect their quality or performance.

3.6 No order accepted by the Seller may be cancelled by the Buyer except with the written agreement of the Seller.

3.7 Every custom product requires Artwork approval signed by a representative of the Buyer who is responsible for final checking of artwork accuracy and acknowledging that any lateness in this will delay production and delivery of the Goods.

3.8 Artwork approval for all products is subject to displayed disclaimer as to artwork movement, and colour accuracy.

4. PRICE OF THE GOODS

4.1 The price of the Goods will be the Seller's quoted price at the date of order acceptance. All prices quoted are valid until the date stipulated on the Quote until the date of acceptance by the Buyer. After this date, the Seller may change the prices without prior notice to the Buyer.

4.2 The Seller has the right to cancel the order of Goods if there is a substancial increase in the Seller's cost due to factors beyond their control. This includes changes in foreign exchange rates, currency regulations, duties, labor costs, shipping costs, material costs, or any other manufacturing costs.

4.3 The price does not include any applicable value-added tax, which the Buyer is responsible for paying in addition to the price.

5. TERMS OF PAYMENT

5.1 For custom print products, the Buyer must pay the full price upfront. If payment is made within the specified period of the Quote, it will form the Contract. Receipts for payment will be issued upon request.

6. DELIVERY

6.1 The delivery location of the Goods will be agreed upon by the Seller and Buyer in the Quotation. Any changes to the delivery location will require the written approval of the Seller and may incur additional fees.

6.2 Delivery dates provided are approximate, and the Seller will not be liable for any delays in delivery. Time for delivery is not considered essential unless specifically agreed upon in writing by the Seller. The Seller may deliver the Goods in advance of the quoted delivery date with reasonable notice to the Buyer.

6.3 If the Goods are to be delivered in instalments, each delivery will be treated as a separate contract. Failure to deliver any instalment or any claim by the Buyer regarding any instalment will not entitle the Buyer to treat the entire Contract as repudiated.

6.4 If the Seller fails to deliver the Goods for any reason within their control and is liable to the Buyer, the Seller's liability will be limited to the excess cost to the Buyer (in the cheapest available market) of similar goods to replace the undelivered Goods.

6.5 If the Buyer fails to take delivery of the Goods or provide adequate delivery instructions, the Seller may store the Goods at the Buyer's expense or dispose of them after 30 days of a missed delivery attempt.

6.6 Any claim by the Buyer regarding a shortfall in the number of Goods delivered must be notified to the Seller in writing within 48 hours of delivery. Failure to notify the Seller within this timeframe will be deemed as acceptance of the delivered quantities specified in the Contract, and the Seller will have no liability for any shortfall claim.

6.7 If the Goods have not been delivered despite the Buyer receiving the invoice, the Buyer must notify the Seller within 7 days after the invoice date to make a claim for non-delivery.

6.8 If the Goods are damaged upon delivery or if there is a shortage in the delivered quantity, the Buyer must notify the Seller or the carrier in writing within 3 days of delivery. Failure to do so will result in no claim being accepted for damage or short delivery. All quantities are subject to a tolerance of +/- 10% in quantity, dimensions, and artwork layout agreed upon.

7. WARRANTIES &LIABILITIES

7.1 The Seller guarantees that the Goods will meet the specified requirements at the time of delivery and will be free from defects in material and workmanship for a period of one month from delivery, unless stated otherwise in writing.

7.2 The Seller's warranty is subject to the following conditions:

7.2.1 The Seller is not liable for any defects in the Goods that arise from drawings, designs, or specifications provided by the Buyer.

7.2.2 The Seller is not liable for any defects that result from fair wear and tear, deliberate damage, negligence, abnormal working conditions, failure to follow the Seller's instructions, misuse, or unauthorised alteration or repair of the Goods.

7.3 The Seller does not guarantee that the Goods will be suitable for the Buyer's specific purpose, unless expressly stated in writing. The Seller is not responsible for defects caused by the location, installation, use, or maintenance of the Goods.

7.4 If the Goods are sold under a consumer transaction, the statutory rights of the Buyer are not affected by these conditions.

7.5 Any claim regarding the quality, condition, or non-conformity of the Goods must be notified to the Seller in writing within 4 days of delivery. If the Buyer fails to notify the Seller within this timeframe, they will not be entitled to reject the Goods, and the Seller will not be liable for any defects or failures.

7.6 If a valid claim is made within the specified timeframe, the Seller may choose to replace the defective Goods or refund the price of the Goods. The Buyer must return the Goods to the Seller within seven days of the claim, using Recorded Delivery.

7.7 Except in cases of death or personal injury caused by the Seller's negligence, the Seller is not liable for any consequential loss or damage, costs, expenses, or other claims arising from the supply, use, or resale of the Goods.

7.8 The Seller is not liable for any delay or failure to perform their obligations if it is beyond their reasonable control, including but not limited to acts of God, war, strikes, or power failure.

8. EXPORT TERMS

8.1 The international rules for trade terms, known as Incoterms, apply to the Contract. In case of any conflict between Incoterms and these conditions, the latter prevail.

8.2 If the Goods are intended for export from the United Kingdom, the provisions of this clause 11 apply, unless otherwise agreed in writing.

8.3 The Buyer is responsible for complying with import regulations and paying any duties on the Goods.

8.4 Unless otherwise agreed in writing, the Seller will deliver the Goods to the address specified on the sales invoice.

8.5 Payment to the Seller must be made by BACS payment to the Sellers bank account, details of which will be given on Quotation.

9. GENERAL

9.1 Any notices required under these conditions must be in writing and sent to the registered office or principal place of business of the receiving party.

9.2 Waiver of any breach of the Contract by the Seller does not constitute a waiver of any subsequent breach.

9.3 If any provision of these conditions is deemed invalid or unenforceable, it does not affect the validity of the remaining provisions.

9.4 The Contract is governed by the laws of England, and any disputes will be subject to the exclusive jurisdiction of the English Courts.

9.5 The Buyer agrees not to induce or attempt to persuade any employee of the Seller or its subsidiaries or associated companies to leave their employment or engage with the Buyer during the contract and for 18 months thereafter.

10. CONFIDENTIALITY

All communications related to the contract are confidential and should not be disclosed to any third party without the Seller's written consent.

Privacy Policy

Data protection is a matter of trust and your trust is our top priority. For this reason, Printacup observes all legal provisions when processing your personal data. We would like to inform you about the collection and use of your data and in this way obtain your consent for certain data uses.

Use of personal data

Users agrees to use the first name, last name, email address, phone number, and IP address in connection to filling out a form on the website. In addition, when placing an order, the buyer is asked for his consent to the use the first name, surname, e-mail address, telephone number, company name, company address and IP address primarily for delivery of the order and future marketing purposes.

The seller confirms that the personal information provided by the buyer is only used for the purpose of providing the services offered at Printacup. The seller also confirms that the buyer's personal information will only be used for marketing purposes if the buyer has given their active consent and can at any time withdraw their consent.

Transfer of personal data

Printacup will never sell or transfer any personal data of a customer/user to a third party.

Deletion of data

The customer has the right at any time to correct the personal data entered on the website by contacting Printacup directly or to delete it at any time.

Cookies

In order to be able to provide the customer with more individualised services, Printacup uses cookies. Cookies are identifiers that the web server sends to the computer to identify it for the duration of the visit. Most browsers are set to automatically accept cookies. This means that the corresponding cookies are stored on the computer. When visiting Printacup’s website again, the computer will be recognised by the Printacup web server via the cookies stored on the computer, so that the personal data will not have to be entered in the customer data form every time a new order is placed. If you do not want to store cookies on your computer, you can change the storage of cookies in the browser settings or exclude them in general.

Revocation, changes, corrections, and updates

The user has the right to obtain free information on request about the personal data stored about her or him. In addition, the user has the right to correct inaccurate data, as well as blocking and deletion of his personal data, as far as this does not conflict with a statutory retention requirement.

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; "Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and through which an analysis of the use of the website is made possible. The information generated by cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and internet usage to the website operator.

Use of Re-marketing or "Similar Audiences" feature by Google Inc.

We use Google Inc.'s re-marketing technology (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; "Google"). This technology will redirect users who have already visited our site and online services and are interested in the offer through targeted advertising on the Google Partner Network pages. The display of advertising is done through the use of cookies, small text files that are stored on the user's computer. The text files can be used to analyse user behaviour when visiting the website and then to use it for targeted product recommendations and interest-based advertising.

If you do not wish to receive interest-based advertising, you can disable Google's use of cookies for these purposes by visiting https://www.google.com/settings/ads.

By using our website, you agree to the processing of data about you by Google in the manner described here and for the purpose stated above.