TERMS & CONDITIONS
(1) THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE; BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE.(2) INTELLECTUAL PROPERTY RIGHTSUNLESS OTHERWISE STATED, WE OR OUR LICENSORS OWN THE INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND MATERIAL ON THE WEBSITE. SUBJECT TO THE LICENCE BELOW, ALL THESE INTELLECTUAL PROPERTY RIGHTS ARE RESERVED.(3) LICENCE TO USE WEBSITEYOU MAY VIEW, DOWNLOAD FOR CACHING PURPOSES ONLY, AND PRINT PAGES FROM THE WEBSITE FOR YOUR OWN PERSONAL USE, SUBJECT TO THE RESTRICTIONS BELOW.
YOU MUST NOT:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
(d) redistribute material from this website.
(4) LIMITATIONS OF LIABILITYWHILST WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS CORRECT, WE DO NOT WARRANT ITS COMPLETENESS OR ACCURACY; NOR DO WE COMMIT TO ENSURING THAT THE WEBSITE REMAINS AVAILABLE OR THAT THE MATERIAL ON THE WEBSITE IS KEPT UP-TO-DATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE WEBSITE.
FURTHER, OUR LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING UNDER THESE TERMS AND CONDITIONS OR IN CONNECTION WITH OUR WEBSITE, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING EXCLUSION, WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, CONTRACTS, BUSINESS, GOODWILL, DATA, INCOME, REVENUE OR ANTICIPATED SAVINGS ARISING UNDER TERMS AND CONDITIONS OR IN CONNECTION WITH OUR WEBSITE, WHETHER DIRECT OR INDIRECT, AND WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE.
HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(5) ACCEPTABLE USE. YOU MUST NOT USE OUR WEBSITE IN ANY WAY THAT CAUSES, OR MAY CAUSE, DAMAGE TO THE WEBSITE OR IMPAIRMENT OF THE AVAILABILITY OR ACCESSIBILITY OF THE WEBSITE.
YOU MUST NOT USE OUR WEBSITE IN ANY WAY WHICH IS UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE OR ACTIVITY.
YOU MUST NOT USE OUR WEBSITE TO COPY, PUBLISH OR SEND MASS MAILINGS OR SPAM.
YOU MUST NOT USE OUR QUOTATION FORM, SAVE FOR THE PURPOSE OF BONA FIDE QUOTATION REQUESTS.
(6) VARIATION. WE MAY REVISE THESE TERMS AND CONDITIONS FROM TIME-TO-TIME. PLEASE CHECK THIS PAGE REGULARLY TO ENSURE YOU ARE FAMILIAR WITH THE CURRENT VERSION.
(8) LAW AND JURISDICTION. THIS NOTICE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW, AND ANY DISPUTES RELATING TO THIS NOTICE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND.
TERMS OF SALE:
You will be asked to agree to these Terms of Sale before ordering Products from us. Please read them carefully. In order to indicate your acceptance of these Terms of Sale, you must either: confirm your acceptance by email; or tick the appropriate check box during the website order process.
(1) Definitions and interpretation
In this Agreement “we” means Cram Duplication (and “us” and “our” shall be construed accordingly); and “you” means our customer for Products (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Acknowledgement” means the email or other written acknowledgement which we will send to you (where appropriate) confirming acceptance of your Order;
“Order” means your order for Products (whether made via the Site, by email, by telephone or otherwise);
“Products” means duplication products which may be purchased by you from us;
“Site” means the website at www.cramduplication.co.uk and any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No Agreement or other contract comes into force between you and us unless and until we accept your Order by sending you the Acknowledgement.
If you are using the Site to place your Order then, before you place your Order, you will have the opportunity of identifying whether you have made any input errors by reviewing your basket, your personal and banking details, and your address for delivery. You should correct any errors before proceeding.
Please note that we will not file a copy of this Agreement. We may update the version of these Terms of Sale on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms of Sale for your records.
The only language in which we provide these Terms of Sale is English.
(3) About us
Our trading address is: Media House, Wormingford Road, Fordham, Essex, CO6 3NS. You can contact by telephone or email.
Prices for Products and delivery charges may be generated by the Site. However, it is always possible that Products and/or delivery charges may be generated incorrectly. We will verify prices and delivery charges as part of our sale procedures, so that a correct price and delivery charge will be stated when you pay for the Product.
The prices on the Site do not include any UK value added taxes.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
We may withhold Products and/or terminate this Agreement or any other
agreement between us if the price is not received from you in full, on time, in
Goods must be paid for in full at time of ordering. An Invoice will be sent
with your order. On some occasions the invoice will follow by post.
Payment for all Products must be made by credit or debit card or bank transfer or paypal to the the account that we notify to you from time to time.
Your credit card details must be provided upon placing your Order or alternately, our bank details will be provided upon your Order being placed.
(6) Delivery of Products
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products within 7 days of the date of our Acknowledgement. However, whilst we make every effort we cannot guarantee delivery by the relevant date in all cases
Unless we expressly agree otherwise, we will only deliver Products in the UK and Ireland.
(7) Risk and title
The Products will be at your risk from the time of delivery.
Title to the Products (both legal and equitable) will pass from us to you upon the later of: (a) delivery; and (b) receipt by us of all amounts due to us from you.
Until title to the Products has passed to you: (a) you will possess the Products as our fiduciary agent and bailee; (b) you will: store the Products separately from other goods, in a secure, safe, dry and clean environment; ensure that the Products are clearly identifiable as belonging to us; not destroy, deface or obscure any identifying mark on the Products or their packaging; maintain the Products in a satisfactory condition, insured on our behalf for their full price against all risks to our reasonable satisfaction; hold all proceeds of such insurance on trust for us and not mix them with any other money or pay the proceeds into any overdrawn bank account; ensure that no charge, lien or other encumbrance is created over the Products; and deliver up the Products to us upon demand.
We shall be entitled without further notice to recover possession of any Products to which we retain title and for that purpose to enter your premises where the same may be situated without prejudice to any other rights that we may have.
You grant to us and our employees and agents an irrevocable licence to enter at any time any premises where the Products are or may be situated for the purpose of inspecting or removing any Products the title in which has remained with us.
We may maintain an action for the Price of the Products notwithstanding that title to them has not passed you.
You may resell, use or otherwise dispose of the Products before title has passed to you only if any such sale, use or disposition will be effected in the ordinary course of your business and shall be a sale, use or disposition of our property on your own behalf and you shall deal as principal. We shall be legally and beneficially entitled to the proceeds of sale of the Products which shall be paid forthwith to us in satisfaction of the sums owing or until such time shall be held in trust for us and shall not be mixed with other money or paid into an overdrawn bank account and shall be at all material times identified as our money.
Any attempt to manufacture counterfeit or ‘bootleg’ audio materials such as cassette tapes, vinyl records or compact disc will render any paid funds or cleared monies forfeit and your details will be passed on to the BPI
(8) Consumer rights
If you enter into this Agreement as a consumer, you will have no right to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000, because the Products under this Agreement will be made to your specifications and/or clearly personalised.
Colour matching: In spite of the most modern printing machines, there may be slight colour deviations. The print result is dependent on many factors, including the character of the paper of individual manufacturers, e.g. the degree of whiteness, the grain direction and/or whether it is gloss or matt; climatic conditions at the printing site, such as temperature and air humidity. Should colour deviations within the tolerance range arise (+/- 10%) for reasons of this sort, then this will not constitute a reason for complaint. Colour deviations also may happen for product using i.e. UV, Spot UV, and any kind of lamination, sealer or media. The CMYK colour model, referred to as process colour or four colour, is a subtractive colour model, used in colour printing, also used to describe the printing process itself. CMYK refers to the four inks used in most colour printing: cyan, magenta, yellow, and key black. Though it varies by print house, press operator, press manufacturer and press run, ink is typically applied in the order of the abbreviation. We cannot give guarantee of 100% colour matching to your product (include re-print) at all. Should you require colour matching, please send us a hard copy or Pantone reference, and we will try our best to match colour.
Production/manufacturing tolerances: A negative tolerance can occur between the quantity of products ordered and the final deliveredquantity. This will not exceed -5%/+5%
(9) Defective Products
You may by written notice cancel this Agreement if the Products supplied are not of satisfactory quality, or do not materially conform with any image or sample of the Products we may provide or send to you.
Where you cancel the Agreement on this basis, you must upon our request (to be made within 10 working days of receipt of your notice of cancellation) return the Products to us.
Products properly returned on this basis will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation. Any attempt to manufacture counterfeit or ‘bootleg’ audio materials such as cassette tapes, vinyl records or compact disc will render any paid funds or cleared monies forfeit and your details will be passed on to the BPI
We warrant to you that any Product you purchase through the Site will be of satisfactory quality, and will materially conform with any image or sample of the Products we may provide or send to you.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the UK or Ireland; you (where you are a natural person) are at least 18 years old; the information provided in the Order is accurate.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any 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 for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(13) General terms
We may revise these Terms of Sale from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you. This Agreement may only be varied by an instrument in writing signed by both you and us.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.