1. Information about us
Our site is a site operated by Autistec, a trading style of Tracy McCarthy-Allen ("we/us/our"). Our shop is at 70 Yorkshire Street, Morecambe, LA3 1QF. At this time, we are not VAT registered.
2. Your status
By placing an order with us, 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 have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once we have begun carrying out the contract i.e. we have confirmed your order in writing (by email). Once artwork has been approved, it may be impossible to cancel your order. If it is possible to make changes, a minimum charge of £15 will be applied or we shall be entitled to make additional charges on a time and materials basis to cover such additional work already carried out.
4. Material and information provided by you
4.1 We shall not be required to print or publish any matter which in our sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature.
4.3 We reserve the right to refuse to print or publish any matter which in our opinion may be prejudicial or detrimental to the good of Autistec and/or its agents.
4.4 We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material printed or published for the customer and or their agents. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
4.5 You agree that all material sent by you will be done at your own risk. You must retain a copy of all material you send. We expressly exclude all liability for any material which is lost or damaged during or after being sent.
4.6 Failure to follow our preparatory instructions for sending your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
4.7 You must not send any material that will breach any third party rights to such material unless you have the express consent of the third party. We have the right to disclose your identity to any third party claiming that any material sent by you to our site constitutes a violation of their rights.
4.8 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.
4.10 We may establish policies and limits concerning our storage of material sent by you. 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.
4.12 We reserve the right to reject any materials supplied or specified by you which we consider to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by us in ascertaining the unsuitability of the materials.
4.12.1 We shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by you.
4.12.2 We shall assume that quantities of materials supplied shall be adequate to cover normal spoilage; if the quantities supplied are not sufficient to cover normal spoilage then we shall have no liability for any shortfall in quantity.
4.13 The suitability of products for the purpose intended rests solely with the customer and we accept no responsibility for any losses howsoever caused.
5.1 Unless negotiated and agreed in writing, the copyright of any artwork and anything else whatsoever prepared, developed or created by Autistec shall vest in and belong to us. We may use any artwork or printing produced by ourselves for the purposes of promoting ourselves.
6. Artwork Services and Proofs
6.1 Where selected, prior to producing the Products, we will provide an electronic proof of the Product 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.
6.2 Copy - Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, we shall be entitled to make additional charges on a time and materials basis to cover such additional work.
6.3 Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Autistec's discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
6.4 Where we produce artwork prior to an order being placed, or if an order is cancelled, we shall be entitled to invoice on a time and materials basis to cover such work.
6.5 We reserve the right to retain printed copies of work provided for display and marketing purposes.
6.6 Your statutory rights are not affected by these terms and conditions.
7. Production and Delivery Times
7.1 Production shall be deemed to begin when the following conditions are met: payment has been made, artwork has been sent and accepted and the order has been confirmed (except where credit terms have been agreed). If these events take place after 3pm (11am for Same Day Service) on a production day, production will be deemed to begin on the next production day. Your order confirmation will contain an estimated delivery or collection date based upon the nature of your order, which is typically the next working day after production is completed.
7.1.1 Unless there are exceptional circumstances, your Products will be dispatched for delivery or made ready for collection on the last production day in accordance with the production service chosen by you during the ordering process:
7.1.4 Standard: typically 8-10 production days.
7.1.5 Express: typically 4-5 production days.
7.1.5 Next Day: typically 1 production day.
7.1.6 Same Day: typically dispatched on the first production day.
7.1.7 Please note larger quantities and items that require complex finishing - e.g. folding, creasing, binding, stitching, die-cutting - will require longer production time. We will inform you of the production time for your order at the point of order and delivery or collection date in your confirmation email.
7.2 After production, we dispatch all finished orders by the delivery method service chosen by you during the ordering process.
7.3 Production days are held to be working days: Monday to Friday inclusive unless notified otherwise, e.g. for some UK Bank Holidays.
7.4 Where production is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
7.5 The responsibility for collection and or delivery of Products lies with the customer. Any carriage arranged by Autistec is on the customer's behalf and we are not liable for any delays arising out of that carriage. Title in the Products shall pass to the customer upon dispatch.
7.6 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. We reserve the right to make an additional delivery charge for re-dispatch of the Products to the correct delivery address.
7.7 All products will be signed for 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 parcel was delivered to the address provided by the purchaser.
7.8 Delivery to temporary addresses such as hotels, exhibition and conference centres etc. is entirely at the risk of the customer.
8.1 You must notify us in writing within 7 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action.
9.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
9.2 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
||Pro rata credit awarded
||Missing items reprinted
|Up to 1,000
||Shortage of up to 5%
||Shortage between 6% -20%
||Shortage of 21% and over
|Up to 5,000
||Shortage of up to 5%
||Shortage between 6%-15%
||Shortage of 16% and over
|Up to 20,000
||Shortage of up to 5%
||Shortage between 6%-12%
||Shortage of 13% and over
||Shortage of up to 4%
||Shortage between 5%-10%
||Shortage of 11% and over
9.4 All overages may be kept by you at no additional cost.
10.1 You accept that colour variations 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.
10.2 Due to the nature of the printing process, we shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied.
10.3 Due to the ink tolerances involved in the four colour printing process, slight variance in finished printed colour is inevitable.
10.4 Pantone spot colour matches cannot be produced using the full colour process.
10.5 Any proof copies issued by us are NOT colour accurate and are issued for content checking only.
10.6 The presses for Litho and Digital print are calibrated and tested to ISO 12647-2 standards: any dispute regarding colour will not be withheld if the tolerances of that standard have been maintained.
10.7 We do not guarantee colour accuracy of Budget prints.
11. Price & Payment
11.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
11.2 These prices do not include and taxes or delivery costs, which will be added to the total amount due as set out in the Basket section of the online ordering process. We reserve the right to charge the amount of any taxes, value added tax, duties or royalties etc. which are payable whether or not included on the estimate.
11.3 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, except in cases of obvious error.
11.4 All work carried out, whether experimentally or otherwise, at the customer's request shall be charged.
11.5 We do not store any credit or debit card data.
11.6 We do not offer credit facilities. All orders are to be paid for at point of order. Orders will not be processed until payment has cleared.
12. Our Replacement Policy
12.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
12.2 You acknowledge that variations in respect of quantities are inherent within the printing industry.
||No credit awarded
||Pro rata credit awarded
||Defective items reprinted
|Up to 1,000
||Misprints of up to 5%
||Misprints between 6% -20%
||Misprints of 21% and over
|Up to 5,000
||Misprints of up to 5%
||Misprints between 6%-15%
||Misprints of 16% and over
|Up to 20,000
||Misprints of up to 5%
||Misprints between 6%-12%
||Misprints of 13% and over
||Misprints of up to 4%
||Misprints between 5%-10%
||Misprints of 11% and over
13.1 Claims for damage, shortages or non-delivery must be advised via our concerns form within 7 days from the date that the Products were dispatched.
13.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph
13.2.1 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.
13.3 We may ask you to send us photographic evidence and a number of samples showing any damage or defects and to retain the Product for 30 days after receipt for the purposes of inspection by ourselves or our agents or representatives.
14. Our Liability
14.1 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.
15. Written Communications
15.1 When using our website, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
16. Events Outside Our Control
16.1 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).
16.2 Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks; and
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that Force Majeure 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 Force Majeure to a close or to find a solution by which our obligations under the Contract may be performed despite Force Majeure.
17. Our Right to Vary these Terms & Conditions
17.1 We reserve the right to revise and amend these terms and conditions from time to time without notice.
17.1 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 7 working days of receipt by you of the Products).
If you have any queries about these Terms & Conditions, or any other aspect of our website, or you have a complaint, please email us at firstname.lastname@example.org.
19. Law & Jurisdiction
19.1 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 non-exclusive jurisdiction of the courts of England and Wales.