This is the legal document (together with any documents referred to on it) for Axita (UK) Limited (“we” or “us” or “our”), please read it carefully because it explains the terms and conditions of purchasing with and trading with Axita (UK) Limited. Please read these terms and conditions carefully before ordering any products from Axita Limited. You should understand that by ordering any of our products or services, you agree to be bound by these terms and conditions.We reserve the right to change these terms and conditions at any time, and you agree to abide by the most recent version of these terms and conditions.
These conditions shall be deemed to be incorporated in all contracts of Axita Limited to sell goods, articles or services and in the case of any inconsistency with any order or form of contract sent by the purchaser to Axita Limited whatever may be their respective dates the provision of these conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Axita Limited. Notwithstanding that Axita Limited may have given a detailed quotation no order shall be binding on Axita Limited unless and until it has been accepted in writing by Axita Limited.
Working days are deemed to be Monday to Friday, excluding UK Bank Holidays.
2. Your Status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old
Any times or dates given for completion or delivery of goods shall be binding by Axita Limited, insofar as Axita Limited undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of Axita Limited including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.
Axita Limited shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
By their nature print goods do not have a redeemable value and no refunds or credits for goods supplied will be entertained.
Any shortcomings or defects in goods supplied must be notified to Axita Limited within 3 days of delivery. Should you not contact us with in that time frame we will assume that your job was correct at the time of receipt. Such goods must be returned to Axita Limited within 5 days of delivery for inspection.
If we determine that a product is in fact defective or has not otherwise met our obligations, we will initiate a reprint of the print job with rush production.
A reprint will only be possible after an approved solution has been authorised and, unless we agree otherwise, provided that the entire original print order has been returned to and received by us.
Orders may not be cancelled once production has begun.
Nothing herein shall impose any liability upon Axita Limited in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods. Nothing herein shall have the effect of excluding or restricting the liability of Axita Limited.
The liability of Axita Limited to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
Where delivery is delayed due to exceptional circumstances, Axita Limited will complete the work as soon as we reasonably can.
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-despatch of the Products to the correct delivery address.
If you are not happy with the product that you have received, should we offer a reprint or a refund we would not be liable to offer both.
Any artwork received and approved by you will be produced without further notification. Axita Limited shall not be held liable for mistakes, or otherwise faults or mis-intentions on artwork produced.
PLEASE PROOFREAD ALL ARTWORK CAREFULLY. It is the responsibility of the customer to approve colour, style, shape, proportion, spelling, and appropriate nature of graphics.
You accept that variations in colours 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 when developing or proofing artwork. Should you wish a specific colour shade or pantone, please make this known to us in writing.
We have the right to revise and amend these terms and conditions from time to time.
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 confirm the order.
In compliance with conservation goods will always be printed with minimal surplus. This may in rare cases, coupled with other failings lead to a shortfall. Any such shortfall up to 10% will be remedied by a pro-rata credit against future orders.
Any concessions made or latitude allowed by Axita Limited to the purchaser shall not affect the strict rights of Axita Limited under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
If the purchaser shall be in breach of any of their obligations under the contract Axita Limited may (without prejudice to Axita Limited’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; and The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
It is the policy of this company not to complete any further actions or works or services for a client or company upon notification of any active or impending legal action by that client or company or acting agent until all legal action has been resolved and completed, and still reserves the right to refuse any further products or services to such client or company unless ordered to do so by a court of law.
The company reserves the right to refuse to sell goods or services to any person or company or legal entity.
Axita Limited reserves the right to suspend or cancel a customer’s access to any or all Services provided by us, where we decides that the account has been inappropriately used. We reserves the right to refuse Services and/or access to our services to anyone. To guarantee optimal performance of digital services, it is necessary for us to perform routine maintenance. Such maintenance often requires taking digital services off-line, typically performed during off-peak hours. We will endeavour to give you advance notice of maintenance requiring the services to be taken off-line whenever possible. Please note we may require suspension of some services for short scheduled periods to carry out maintenance or repair work. All services are intended for use by the primary owner only, should you choose to resell, store or give away our digital services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by these terms of service.
All data created or stored by You within our digital services are and remain Your property. We shall allow access to such data by only authorised staff members. We makes no claim of ownership of any data, content, email content, files or any other type of data contained within the accountholder’s digital services owned by us.
We maintain backups of our servers and infrastructure pursuant to our own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures. In the event of loss of or damage to your data relating to a failure in our systems digital services, we will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data. You shall indemnify Axita Limited against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the services infringes the intellectual property rights of a third party. It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. We is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party.
Axita Limited does not back up your data/website unless this service has been specifically purchased and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, we cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by us. We makes no warranties or representations that any services will be uninterrupted or error-free. You accept all services provided hereunder “as is” without warranty of any kind. So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law. For the avoidance of doubt, any use of the services and/or any products in the course of conducting business shall give rise to you being a non-consumer and the provisions of this agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
Axita Limited shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf. We shall not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
While we do our best to maintain digital services at peak efficiency and always accessible we do not guarantee 100% up-time and do our best to rectify problems as they occur. Axita Limited shall accept no liability for costs, expenses, loss of profit, reputation damage or any other types of kinds of losses due to services downtime, and You should put in place procedures and/or backup processes to mitigate Your own losses in these circumstances.
If you are making payment by BACS the payment will not be deemed to be made until the money has cleared into our account, usually 3-5 days from the date that you have sent the payment.
Payments must be made under the name ‘Axita Limited’.
Cash also accepted via Office up to the value of £2,000 GBP.
Cheque only accepted on orders over £100.00 GBP and will attract a surcharge of 2.5%.
Orders deemed to be completed by Axita Limited will be Invoiced for Payment.
Late payments may be subject to penalty.
Contracts shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Axita Limited agree to submit to nonexclusive jurisdiction of the English courts.
Your statutory rights are not affected by these terms and conditions.
Please note: by purchasing utilising any of our products or services you agree to be bound by all Axita Limited’s Terms and Conditions.
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