Terms and Conditions

CONTRACT FOR PURCHASE OF PRODUCTS

 

The purchase of any products through the website www.anorakcolour.co.uk shall be governed by the terms and conditions (“Terms”) as set out below (which may be varied from time to time), to the exclusion of any other terms.

1.              Definitions

For the purpose of these Terms, the following words shall have the following meaning:-

“Bespoke Product” means those Products supplied to the Customer’s particular specification.

“Company” means Anorak Digital Colour Management Limited. Trading as Anorak, Unit 3 Treefields Industrial Estate, Gildersome, Leeds LS127 7JU, Company Registration No 3902795.

“Contract” means the Order and the Terms.

“Customer” means any party that purchases the Product through the Website.

“Customer Materials” means any discs, materials or information, in whatever form and to include, but not be limited to, any intellectual property of any kind, provided by the Customer to the Company for the purpose of the Company supplying the Product.

“Order” means the form completed by the Customer on the Website, for the purchase of the Product.

“Product” means any goods purchased from the Company through the Website, to include both Standard Products and Bespoke Products.

“Standard Product” means those Products with standard specification available through the Website, not bespoke to a Customer.

“Website” means www.anorakcolour.co.uk.

2.              The Products

2.1          The Company will use best endeavours to ensure the Product supplied to the Customer correspond to the description as set out on the Website as in accordance with the specification provided by the Customer.

2.2          All images, descriptions, specifications as set out on the Website are for the purpose of giving an approximate description of the Product.

2.3          Any Customer Material provided to the Company shall be the sole responsibility of the Customer and any Bespoke Product provided in accordance with the Customer Materials shall be at the Customer’s risk.

2.4          Any proofs for any Products must be approved by the Customer.  If the Customer waives the requirement to examine any proofs of the Product, the Company shall bear no responsibility for any defect or error in the Product supplied.

2.5          Any variation in colour in any Product supplied shall not be treated as grounds for the Customer rejecting the Product.

2.6          The Company shall use all reasonable endeavours to deliver to the Customer the correct quantity of Product, subject to a variation of 5% (five per cent) in the number of Products supplied.

 

3.              Price

3.1          Any Standard Product shall be at the price as set out in the Website or as agreed with the Company at the date the Order is completed by the Customer and submitted to the Company.

3.2          The price for any Bespoke Product which is to be produced from any Customer Material may be varied subject to the Company’s receipt of the Customer Material.  If, upon receipt of the Customer Material, the Company is unable to provide the Bespoke Product at the price as set out in the Order or otherwise at a new price offered to the Customer then, in such circumstances, the Company may cancel the Order with immediate effect.

3.3          The Company reserves the right to refuse to accept any Order if the Company considers the supply of the Products may be illegal, libellous or may contravene the intellectual property rights of a third party.

3.4          Payment for the Product shall be made at the time the Order is placed, unless otherwise agreed with the Company and shall include the cost of delivery.  Any credit facilities granted to a Customer may be withdrawn or varied by the Company at any time.

3.5          If an Order for any Product is cancelled by the customer, no refund of the price paid will be given, save at the absolute discretion of the Company.

 

4.              Title in the Product

4.1          Title and risk in the Product shall pass to the Customer upon receipt of payment by the Company for the Product.

4.2          The Company shall return the Customer Materials at the Customer’s cost, or shall otherwise destroy the Customer Materials 7 days after the Product has been despatched to the Customer.

 

5.              Delivery

5.1          The Product shall be delivered in accordance with the form of delivery selected by the Customer through the Website, or as otherwise agreed with the Company.

5.2          The Company shall, to the extent it is within the Company’s control, use reasonable endeavours to ensure all Products are delivered within the delivery dates, save that the Customer shall not be held liable for any late delivery of any Product.

 

6.              Liability

6.1          In the event the Product is defective and such defect is directly attributable to the Company, the Customer shall notify the Company within [48] hours of delivery and the Company shall replace the Product upon receipt by the Company of the defective Product.

6.2          The Company accepts no responsibility for any defects or damage to any Product, if any Product supplied to the Customer has been processed in any way by a third party

6.3          The Company’s liability under these terms for each Order shall be the net value of the Order or the sum of £1000, whichever is the lower of these amounts.

6.4          The Company shall not be liable for any direct or indirect consequential or economic losses howsoever arising under the Contract.

6.5          The Customer shall indemnify the Company in the event of any third party claim alleging the Bespoke Products provided to the Customer are in breach of any third party’s intellectual property rights.

 

7.              General

7.1          The Contract shall be binding upon the Company and the Customer upon the submission of an Order, save that the Company may cancel and withdraw from the Contract in the event the Customer has not paid the price for the Products, or as otherwise provided for in the Terms.

7.2          These terms shall be subject to English law and any dispute shall be subject to the exclusive jurisdiction of the English courts.

7.3          The Company reserves the right to make changes to the Terms without prior notice.

 

8.              Data protection

8.1         We may collect and process the following data about you:

i.    Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.

ii.    Information provided voluntarily by you. For example, when you register for information or make a purchase.

iii.    Information that you provide when you communicate with us by any means.

8.2      By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is stored securely and processed according to local law.

8.3      Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, Sending such information is entirely at your own risk.

8.4      We will not pass on or sell your data to third parties

9.             Returns policy

9.1 We Reserve the right to rectify defective work by reprinting and shall not be liable to refund.

9.2 Anorak Print will credit your account if we deem a refund should be made

9.3 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.

9.4 If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.

9.5 All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.

9.6 Refunds will take 3 to 4 working days to complete once Anorak Print has agreed to refund. This cannot be completed any faster.

10.             Cookies

10.1          We may gather information about your general Internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.