TERMS & CONDITIONS
These Terms & Conditios set out the terms under which Goods are sold by Us to business customers through this website, www.ontimeprint.co.uk(“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 7;
means the goods sold by Us through Our Site;
means your order for Goods;
means Our acceptance and confirmation of your Order;
means the reference number for your Order; and
means Mediaon Ltd ,a company registered in England under , whose registered address is 8383717.
"You" "Your" "Buyer"
means the person, firm or company purchasing goods and / or services from MediaOn Ltd.
means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching
means any text, illustration or other matter supplied or produced by either Party in digitised form on disc or by internet transfer or any other communication link.
"Artwork" means any file(s), illustration(s) supplied by the Buyer in digitised form on disc or by internet transfer or any other communication link
means any file(s), illustration(s) supplied by the Buyer in digitised form on disc or by internet transfer or any other communication link.
2. Information About Us
- Our Site, www.ontimeprint.co.uk, is operated by Mediaon, a limited company registered in England under 8383717, whose registered address is Trident Court, 1 Oakcroft Road, Chessington, KT9 1BD, Surrey
3. Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- These govern your access and use of our services. By accessing or using the functions of the Site you agree to be bound by these terms and conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these terms and conditions. The contract made by you online with us incorporates these terms and conditions, which shall prevail over any and all terms and conditions, proposed by You.
OnTime Print reserves the full right to make modifications or changes to our sites, services and to these terms and conditions at any time without prior notice. Any legal entity or private person that accesses this site should review these terms and conditions each time of access to this Site.
4. Product Specification
4.1 MediaOn Ltd aims to continuously looking for new suppliers developed new products and services and therefore reserves the right to amend the specifications of any goods or products without notice.
4.2 We will do our best to match colors as they appear on the PDF Proof although we are not liable for the final colors appearance as the screen based color system (RGB) and the print color system (CMYK) differ. Slight differences in color may occur and we cannot take responsibility for that
5. Business Customers and Consumers
- These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
- These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
6. International Customers
Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.2 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
7.3 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
7.4 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
7.5 Where appropriate, you may be required to select the required material, size, print type, finishing, dimension, quantity of the Goods that you are purchasing.
7.6 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site .
7.7 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.10 regarding VAT, however).
7.9 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 working days We will treat your Order as cancelled and notify you of this in writing.
7.10 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.11 Prices on Our Site are shown both exclusive and inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.12 For further information please refer to "Zero-rating of books etc" HM Revenue & Customs leaflet: https://www.gov.uk/government/publications/vat-notice-70110-zero-rating-of-books-and-other-forms-of-printed-matter/vat-notice-70110-zero-rating-of-books-and-other-forms-of-printed-matter
7.13 Delivery charges are included in the price of Goods displayed on Our Site.
8. Materials supplied or specified by the Buyer
8.1 Artwork.It is the Buyer's responsibility to maintain a copy of any original. Artwork provided by the Buyer. MediaOn Ltd stores the Artwork(s) or the PDF Proof(s) upon completion of the printing process for one month only.
8.1.1 The Seller shall not be responsible for checking the accuracy of supplied content from an Artwork.
8.1.2 MediaOn offers free automatic preflight as part of the Order. We will check the Artwork’s format, size, bleeds and overall resolution. Minor issues spotted during Artwork Check Seller will correct free of charge. If an Artwork is not suitable for outputting without major adjustment or other corrective action we will ask the Buyer to rectify the issues or we will offer to do it at an additional cost.
8.1.3 Custimers Artwork must be uploaded by the website, by link www.ontimeprint.wetransfer.com or emailed to firstname.lastname@example.org before 1pm to guarantee a proof back before our 3pm approval deadline. We must receive your order, print ready artwork, artwork approval, and proof of payment before 3pm Monday - Friday so that it is ready to be dispatched and delivered according to your order summary.
8.2 PDF Proofs and variations- It is Buyer’s responsibility to ensure the Artwork submitted for production is free from mistakes. The Seller shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with and has accepted the PDF Proof(s).
8.2.1 MediaOn will only proceed with the order if Buyer has accepted the PDF Proof. Buyer approval will only be accepted via the online account or email. MediaOn can not accept telephone approvals.
8.2.2 Variation in finishing of goods within a reasonable tolerance by the Seller shall be deemed acceptable by the Buyer.
8.2.3 Changes to artwork, job characteristics, or turnaround time are not allowed once the PDF Proof is approved and your print job has been sent to production queue – order status "Imposition" or "Printing in progress".
8.3 Artwork creating by MediaOn.
8.3.1 All design charges must be paid upfront. Once your design project is initiated and any preliminary artwork has been created by MediaOn Ltd, all retainer payments made by you become non-refundable.
8.3.2 We only quote for one design per kind, any additional are chargeable. Artwork we produce will remain our exclusive property including intermediate and final electronic files.
8.3.3 Buyer takes full responsibility for ensuring that the company/product/name is legally free/available. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither is MediaOn Ltd. Legally responsible for any problems thus arising. Please ensure the name you are using is free and legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, and challenging to implement, and cause significant delays.
8.3.4 If a change of name is required mid-way during a project, and significant logo exploration work has already been presented, then MediaOn Ltd will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been: subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.
8.3.5 All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of MediaOn Ltd. The final artwork/digital files will become the property of the client only upon final payment of the project. If final payment is NOT received as agreed, and set out in the initial proposal, all designs and concepts will remain the property of MediaOn Ltd until payment is received. If there are issues with final payment, MediaOn Ltd. reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in our portfolio.
8.3.6 Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, MediaOn Ltd will take immediate legal counsel. The Client will use the finished design for its intended purpose as a foundational component of the MediaOn Ltd branding package. Possible usage will be, but is not limited to: stationery and marketing collateral, web site, social media, t-shirts, mugs, bags, and other member-based products.
9. Orders – How Contracts Are Formed
9.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
9.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
9.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
9.4 Order Confirmations shall contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated delivery date(s)
- 9.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7working days.
9.6 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
9.7 All products offering by MediaOn are considered goods made to customers’ specifications and as such are excluded from the right to cancel. Buyer has a right to cancel an Order provided it did not go past Preliminary Work stage.
10.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
10.2 Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law)
10.3 We accept the following methods of payment on Our Site:
- Car payment- debit cards,
- Card payment – credit cards + additional fee 1.90% of the transation.
10.4 Card payment provider is Secure Trading Ltd.
11. Delivery, Risk and Ownership.
11.1 We will endeavor to process your order, manufacture your printed items and have it delivered to you by courier within the period selected by you. Specific turnaround depends on the Product and detailed information about turnaround can be found in the Product specification page on the Site. The turnaround is estimated only and based on the typical number of working days that it takes to complete and deliver a product to the Buyer under normal circumstances.
11.2 The estimated turnaround is calculated from the next working day after both the PDF Proof was accepted and the invoice settled in full.
11.3 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
11.4 We cannot guarantee that products ordered will be dispatched jointly.
11.5 Where printing is despatched on time from MediaOn but is delivered late due to a shortcoming of our carriers, MediaOn will be responsible for the cost of the carriage only.
11.6 If We are unable to deliver the Goods on the delivery date, the following will apply
- If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
- If you do not collect the Goods or rearrange delivery within 3 days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will not be refunded the purchase price of the Goods themselves. We may also bill you for any reasonable additional cost that We incur in recovering the Goods.
11.7 We must receive customer order, print ready artwork, artwork approval, and proof of payment before 3pm Monday - Friday so that it is ready to be dispatched and delivered according to your order summary.
11.8 In the unlikely event that Mediaon deems it necessary to re-print work, the Realization Time will recommence from the time of Mediaon's repairs to the customer.
12. Faulty, Damaged or Incorrect Goods
12.1 We warrant that the Goods, on delivery, and for a period of 28 days thereafter (the “Warranty Period”) shall be as described; be free from material defects; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
12.2 If any Goods you have purchased do not comply, subject to sub-Clause 12.3 and your compliance with sub-Clauses 12.2.1 to 12.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
- You must give Us written notice of the non-compliance during the Warranty Period within a reasonable time of discovering it;
- You must return the Goods in question to Us at Our expense (see sub-Clause 10.6 for more information); and
- You must give Us a reasonable opportunity to examine the Goods in question.
12.3 We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:
- You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 12.2.1;
- The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
- The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
- You have made any unauthorised alterations or repairs to the affected Goods; or
- The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
12.4 The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 12.2.
12.5 Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.
12.6 To return Goods to Us for any reason under this Clause 12, please contact Us at email@example.com to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
12.7 Refunds (whether full or partial) under this Clause 10 will be issued within 30 working days of the day on which We agree that you are entitled to the refund.
12.8 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
12.9 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
13 Our Liability
13.1 Subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
13.2 Subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £100 or 50% of the total sums paid by you for the Goods under the contract in question, whichever is the greater sum.
13.3 Except to the extent expressly set out in sub-Clause 12.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2.We will take all reasonable steps to minimise the delay;
14.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
14.5 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Good.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0203 950 1771, by email at firstname.lastname@example.org, or by post at Mediaon Ltd, Trident Court, 1 Oakcroft Road, Chessington, KT9 1BD.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
16.2.1 In writing, addressed to Mediaon Ltd, Trident Court, 1 Oakcroft Road, Chessington, KT9 1BD
16.2.2 By email, addressed to email@example.com
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679) and your rights under that Act.
17.2 We may use your personal information to:
17.2.1. Provide Our Goods and services to you;
17.2.2. Process your Order (including payment) for the Goods; and
17.2.3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
17.3 We will not pass on your personal information to any third parties without first obtaining your express permission.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
19. Changes to Service
19.1 We reserve the right to change the conditions of these terms of service. Should we modify these terms in any way the updated version will appear within the TERMS AND CONDITIONS of the Site.
19.2 We reserve the right to terminate any account at any time. We reserve the right to amend the MediaOn service at any time providing such changes do not adversely alter the nature and quality of the service.
19.3 You agree that MediaOn may without prior consent delete your account and any related materials including personal information, data, text, files, images and all other materials and that MediaOn may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
19.4 You agree that MediaOn shall not be liable for any loss or damages to you or any third party resulting from the deletion of such information or resulting in any way from the termination of your account and that you will keep MediaOn fully and effectively indemnified against all losses, liabilities, damages and costs (including legal costs on a full indemnity basis) suffered by them as a result of the printing in good faith of any material submitted by you.
20. Law and Jurisdiction
20.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
20.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.