Terms and Conditions

General Terms and Conditions of 118 Print & Design Print Shop

Article 1 – General
(1)118 Print & Design Print Shop., Birch House, Birch Lane Business Park, Aldridge
WS9 0NF incorporated and registered in England and Wales under company registration
number 7548678, (hereinafter referred to as "118 Print & Design Print Shop") specialises
in producing printed material (such as flyers, postcards, posters, etc). 118 Print & Design
Print Shop also offers certain non-customised products for sale on its Website (as defined
below) to its customers.
(2) These general terms and conditions shall apply to all contracts for the production of
printed material concluded via 118 Print & Design Print Shop’s websites and to all other
contracts relating to the supply of non-customised products from 118 Print & Design Print
Shop concluded via the Website.
(3) These general terms and conditions shall apply to transactions conducted with sole
traders, partnerships or business entities and public bodies, whether contemplated or
occurring in the future. Any terms and conditions (of order or purchase) of the Customer or
of any third party on behalf of the Customer (whether incorporated into any purchase order or
confirmation or otherwise) shall not apply, even if 118 Print & Design Print Shop has not
specifically rejected them. Even if 118 Print & Design Print Shop refers to a document
containing or referring to terms and conditions of the Customer or of a third party, this shall
not constitute consent to the incorporation of those terms and conditions into any contract
with 118 Print & Design Print Shop.
(4) Please read these terms and conditions carefully before placing an order. By ordering any
of 118 Print & Design Print Shop’s products, you agree to be bound by these terms and
conditions.
IF YOU ARE A CONSUMER, PLEASE PAY PARTICULAR ATTENTION TO ARTICLE
7, ARTICLE 22 AND SECTION B: ”Customer Information”

Article 2 – Definitions
For purposes of these general terms and conditions, the following terms shall have the
meanings set out below.
1. "Account": The Customer's online user account to which the Customer receives access
after entering their e-mail address and password;
2. "Business Customer ": Any person acting for purposes relating to that person’s
trade,business, craft or profession, whether acting personally or through another person acting
in the trader’s name or on the trader’s behalf;
3. "Consumer": Any individual acting for purposes which are wholly or mainly outside that
individual’s trade, business craft or profession;
4. "Customer(s)": Either a Business Customer or Consumer who use the service of 118 Print
& Design Print Shop via 118 Print & Design Print Shop;
5. "Customised Products": Products, which are personalised in accordance with the
Customer’s specification;
6. "Guest login": Registration and approval for temporary use of 118 Print & Design Print
Shop restricted to the duration of one purchase order;
7. "Order": The order for the Products made by the Customer forming the contract between
the Customer and 118 Print & Design Print Shop;
8. "Order Confirmation": An email sent out by 118 Print & Design Print Shop to the
Customer confirming 118 Print & Design Print Shop’s acceptance of the relevant order in
accordance with Article 6(5);
9. "Paper proof": A digital print-out of the print-ready data converted for the print run,
created according to the quality standards to DIN ISO 12647;
10. "Password": A combination of figures and/or letters enabling the Customer to log in for
the services on 118 Print & Design Print Shop once registration is complete, in combination
with the e-mail address;
11. "Printing Data": The data or information supplied by the Customer relating to the form
of customisation or personalisation of print products.
12. "Products": The print products or any other goods that are sold or made available by 118
Print & Design Print Shop;
13. "Registration": Initial registration and approval for use of 118 Print & Design Print
Shop;
14. "Service": Performance by 118 Print & Design Print Shop of all kinds, including
provision of and supply of Products;
15. "Screen proof": Digital print preview of the print-ready data converted for the print run,
giving a colour-close simulation of the subsequent print result;
16. "Usual business hours". Monday to Friday 24 hours, Saturdays and Sundays 10:00 to
18:00 hrs (GMT);
17. "Website": All the Internet sites on which 118 Print & Design Print Shop offers its
services, in particular the Internet sites accessible through 118 Print & Design Print Shop.
18. "Working days": Monday to Friday excluding UK public holidays;

Article 3 – Registration and guest login
(1) Receipt of services from 118 Print & Design Print Shop is conditional on permanent
registration or a guest login on 118 Print & Design Print Shop. Registration involves entering
the required data in an online form provided for this purpose. Registration is concluded by
clicking on the "Conclude Registration" button. The Customer creates a permanent account
by concluding such registration.
With a guest login, the Customer can receive services from 118 Print & Design Print Shop
without registering permanently. For a guest login, the Customer enters an e-mail address that
is valid for the entire duration of its purchase order. Subsequent guest logins will require the
Customer data to be re-entered.

(2) 118 Print & Design Print Shop shall be entitled to reject registration or a guest login in its
absolute discretion for any reason.

Article 4 – Communication with the Customer
Communication with the Customer is conducted mainly by e-mail. The Customer must
therefore ensure that e-mails can be received. Customers must provide a valid e-mail address
when or before any order is placed, and must inform 118 Print & Design Print Shop
immediately of any change to their e-mail address. 118 Print & Design Print Shop is not
responsible for Customers’ failure to receive communications from 118 Print & Design Print
Shop due to any change of settings to their e-mail software or their e-mail box that blocks the
receipt of e-mails or results in e-mails not coming to their attention, e.g. because they have
been consigned to a spam folder.

Article 5 – Credit Checks
118 Print & Design Print Shop shall be entitled to collect and pass information (including any
personal information) to credit reference agencies for the purpose of verifying the customers’
creditworthiness and reporting any failure to pay sums due under the contract in accordance
with the terms of the contract. Credit reference agencies may also keep a record of searches
conducted against the Customer. By agreeing to these terms you consent to such credit
checks.

Article 6 – Conclusion of contract
(1) To place an order, the Customer first selects a particular product, completes the online
forms that then appear, and adds the products required to their shopping cart. Once all
products are selected the Customer selects “Checkout” to commence the ordering process,
checks the final overview page to make sure the information provided is correct, and then
completes the purchase order process by activating the "Complete Purchase Order" button.

(2) By activating the “Complete Purchase Order” button, the Customer confirms they have
read, understood and accept these general terms and conditions prior to the purchase.

(3) IF THE CUSTOMER IS A BUSINESS CUSTOMER: In completing the purchase order,
the Business Customer makes a binding offer to 118 Print & Design Print Shop, which cannot
be withdrawn by the Business Customer, to purchase the Services set out in the order. The
Business Customer is bound by the offer until the end of the third working day following the
date of the offer.

(4) IF THE CUSTOMER IS A CONSUMER: the Consumer is entitled to cancel the purchase
order if the Consumer changes their mind. Further information on the Consumer’s
cancellation rights are set out in Article 7.

(5) If the purchase order has been received by 118 Print & Design Print Shop, the Customer
will receive an e-mail acknowledging receipt of the purchase order at 118 Print & Design
Print Shop, and giving the Customer information on the purchase order and the product. The
confirmation e-mail will also include information on the Customer’s right to cancel. This
confirmation e-mail does not constitute acceptance of the Customer's order. The contract is
concluded only when 118 Print & Design Print Shop expressly accepts the Customer’s offer
by sending an Order Confirmation to the Customer by e-mail.

(6) The Customer can abort the purchase order at any time before pressing the “Complete
Purchase Order” button, by closing the browser window. The overview page that appears
before order completion enables the Customer to check the information provided for any
input errors, and to correct any input error after activating the "Change purchase order"
button. The order is securely stored by 118 Print & Design Print Shop and sent to the
Customer in the Order Confirmation. The Customer can make a written request for a copy of
lost order documents to be provided, subject to reimbursement of 118 Print & Design Print
Shops’ reasonable expenses.

Article 7 – Cancellation Rights - Notice of the Consumer’s right to cancel
Please note Article 7 only applies for Customers of 118 Print & Design Print Shop that are
Consumers in relation to the purchase of non-customised products from 118 Print & Design
Print Shop. If you have ordered any Customised Products, the right to cancel does not apply
to you. Please refer to Article 22 for further information.

(1) Right to cancel
Your legal right to cancel an Order starts from the date of the Order Confirmation (the date
on which we email you to confirm our acceptance of your Order and which is the date on
which the contract between us is formed), and the end date is the end of 14 calendar days
after the day on which you receive the Products. If you have ordered multiple products or
where the Products are delivered by instalments, the end date is 14 days after the day on
which you receive the last instalment of the Products or the last of the separate Products
ordered. This 14 day period is known as your "Cooling-off" period. For example, if we
provide you with an Order Confirmation on 1 July and you receive the order on 10 July, you
may cancel the contract between us at any time between 1 July and the end of the day on 24
July.
You can use the cancellation notice form at the end of these terms and conditions to submit
your request to cancel the Order ("Cancellation Request"). Alternatively, the Cancellation
Request can be sent to us either in writing (e.g. by letter, fax or e-mail), or by returning the
item to us (if the item has already been supplied to you). You do not need to provide us with
any reason for the cancellation. If you are e-mailing us or writing to us please include details
of your order to help us to identify it. If you send us your cancellation notice by email or by
post, then your cancellation is effective from the date you send us the e-mail or post the letter
to us. For example, you will have given us notice in time as long as you get your letter into
the last post on the last day of the cancellation period or e-mail us before midnight on that
day.

You can address your Cancellation Request to:
118 Print & Design Print Shop.
Birch House,
Birch Lane Business Park,
Aldridge WS9 0NF
Service Call 0330 202 0552
e-mail: sales@118printdesign.co.uk

(2) Consequences of cancellation
We will:
a) refund to you the full price you paid for the Products or, where only part of the Order is
cancelled, a refund in relation to those affected Products only. We are permitted by law to
reduce the refund to reflect any reduction in the value of the Products, if this has been caused
by your handling them in a way which would not be permitted in a shop.
b) refund any delivery costs you have paid, although, as permitted by law, the maximum
refund will be the costs of delivery by the least expensive delivery method we offer (provided
that this is a common and generally acceptable method).
c) make the refund 14 days after the day on which we receive the Products back from you or,
if earlier, the day on which you provide us with evidence that you have sent the Products
back to us. We will refund you on the credit card or debit card used by you to pay.
Unless the Product is faulty or not as described you will be responsible for the cost of
returning the Products to us.
In the event that you send us a Cancellation Request, you are to return the contents of the
Order to us in full. Where only part of the Order is subject to a Cancellation Request, you are
to return to us the relevant part.
You are required to take reasonable care of the Products whilst they are in your possession.
Advice about your legal right is available from your local Citizens’ Advice Bureau or
Trading Standards office.

Article 8 – Services of 118 Print & Design Print Shop
(1) The description of the Services due from 118 Print & Design Print Shop to the Customer
is set out in the Order Confirmation and from any agreed amendments or supplements to the
contract. Subject to any provision to the contrary in a particular case:
a) any items ordered for offset printing shall be produced according to the standardisation for
offset printing with process colours developed by the Forschungsinstitut der grafischen
Industrie (FOGRA) jointly with the Bundesverband für Druck und Medien (bvdm), set out in
DIN ISO 12647.
b) The following tolerances will apply: 1 mm for waste, 1 mm for folding and 1 mm for
binding.
c) Minor colour variations may occur between sample and order and between orders.
d) From time to time 118 Print & Design Print Shop switches its own suppliers. The resulting
minor variations of the products shall not be regarded as defects.

(2) The purchase order may be changed only by concluding an amendment agreement or a
supplementary agreement in writing. 118 Print & Design Print Shop shall not be obliged to
accept any changes required by the Customer.

(3) 118 Print & Design Print Shop shall not be contractually obliged to send the print data
necessary to complete the order. This is a duty of co-operation of the Customer, in the
absence of an agreement to the contrary in a particular case.

Article 9 – Printing Data
(1) 118 Print & Design Print Shop shall carry out all printing orders exclusively on the basis
of the Printing Data. The Printing Data is to be provided in the formats and in accordance
with the specifications set out in the order process, in particular under the “Printing Data”
field. If different data formats or specifications are used, there is no guarantee of error-free
printing. The Customer shall ensure that it keeps copies of the Printing Data, as 118 Print&
Design Print Shop deletes Printing Data after completion of the print run.

(2) The Customer undertakes not to send 118 Print & Design Print Shop any content that is
pornographic, rightwing or left-wing extremist, racist, discriminatory, or content that is liable
to corrupt the young, glorifies violence, defamatory, infringes third party rights or otherwise
is a breach of the laws of the UK. If the Customer breaches this obligation, 118 Print&
Design Print Shop shall be entitled to terminate the contract summarily without notice. The
foregoing shall apply without prejudice to any other rights and remedies of 118 Print&
Design Print Shop.

(3) The Customer shall carefully check the Printing Data before sending it to 118 Print&
Design Print Shop, to ensure it is suitable for the printing order to be carried out, and that it
meets the above requirements.

Article 10 – Checking of the printing data 118 Print & Design Print Shop
(1) 118 Print & Design Print Shop shall be obliged to check the Printing Data only to the
extent indicated in the information provided by 118 Print & Design Print Shop in the order
placement process (“data check”), and to that extent only, 118 Print & Design Print Shop
shall notify the Customer of any deficiencies it detects in the Printing Data. Unless the
Customer promptly following such notification either (a) provides amended correct Printing
Data or (b) instructs 118 Print & Design Print Shop to proceed to printing with the defective
printing data, 118 Print & Design Print Shop may (but is not obliged to) make such minor
changes to correct the deficiency as it considers necessary and then proceed with the printing.

(2) 118 Print & Design Print Shop undertakes no other checking of the printing data. The
Customer acknowledges that it bears the risk of any defects in the printed material due to
errors in the printing data and 118 Print & Design Print Shop will have no liability in respect
of the same.

(3) 118 Print & Design Print Shop may, but will not be obliged to, check the contents of
Printing Data to detect any infringement of the prohibition set out in Article 9 Clause 2.

Article 11 – Conversion, colour mode when using own printing data, colour mode when
using freedesign printing data
(1) 118 Print & Design Print Shop shall have no duty to convert Printing Data from any other
format than the agreed formats. If the parties in any individual case nevertheless agree such
conversion, the conversion shall be performed at the Customer’s own risk. The Customer
acknowledges that conversions give rise to general risk of data being lost as a result of the
conversion process, or being presented differently from the original format.

(2) 118 Print & Design Print Shop can convert print data not sent in CMYK mode, but such
conversion will be at the Customer’s risk. Conversion of RGB data or ICC colour profiles
will naturally result in deviations in colour from the original and, again, liability for these
deviations will lie solely with the Customer.

(3) When using printing data created with the online program freedesign®, the printing data
is processed at the Customer’s own risk if processed in an RGB colour mode different from
that stated in the order process. Particularly when CMYK data or ICC colour profiles are
processed, there may be inherent colour variations from the original.

Article 12 – Proofs
(1) The Customer can select paper proofs and screen proofs (proofs) to be created for an
additional charge. The print image of a paper proof prepared in digital printing contains
minor variations from the printed material to be produced in offset printing, because of the
different printing technology. This applies even more to screen proofs, because of the screen
display. 118 Print & Design Print Shop nevertheless strives to create proofs as close as
possible to the original.

(2) In order to avoid delayed delivery, the Customer must confirm approval for printing as
soon as the proof has been delivered, unless there are errors. In giving approval, the Customer
confirms the Printing Data in the form incorporated in the proof, subject to the agreed quality
standard, tolerances and colour variations.

(3) If the Customer rejects the proof, it must send revised Printing Data to 118 Print & Design
Print Shop (Customer cooperation). In this case, the production schedule shall recommence
from receipt of the revised data.

Article 13 – For non-customised products only: Product description
(1) Each non-customised product offered by 118 Print & Design Print Shop has a detailed
description of its nature and properties, together with instructions for use and safety
instructions (where applicable) which can be found on the Website.
The relevant product descriptions shall be incorporated into the contract between 118 Print&
Design Print Shop and the Customer when the Order is concluded.

(2) Please note that inks and lacquers have a limited storage life. The inks and lacquers
offered by 118 Print & Design Print Shop are designed to be suitable for most routine
printing work. However, if a Customer wishes to use them on unusual printing substrates, or
for an uncommon application, it is highly advisable to conduct preliminary trials to check
whether they are suitable and adequate for the intended purpose.(3) The product descriptions
also contain information on the agreed tolerances customary in the industry. These relate
particularly in the case of paper to the quantity, weight, dimensions, trim, colour tolerances,
measuring conditions and measurements.

Article 14 – Prices
(1) The prices of the Services provided by 118 Print & Design Print Shop will be as quoted
on 118 Print & Design Print Shop, except in cases of obvious error, and will be confirmed in
the Order Confirmation, together with any agreed amendments and supplements to the Order.

(2) 118 Print & Design Print Shop reserves the right to alter its price from time to time, but
these will not affect orders in respect of which 118 Print & Design Print Shop has issued an
Order Confirmation.

(3) Unless otherwise agreed, the prices indicated include packing, and value-added tax at the
applicable rate, but does not include delivery charges (whether in or outside the UK), taxes,
fiscal charges and customs duty in the case of deliveries outside the UK. Additional delivery
charges apply for the Scottish Highlands and Islands, the Scilly Isles, Isle of Man and the
Channel Isles.

(4) The delivery charge will be provided to you before you activate the “Complete Purchase
Order” button. All of these charges will be calculated on the 118 Print & Design Print
Shop website at the time the Customer completes its purchase order.

(5) Any costs rising from subsequent changes to the Printing Data caused by the Customer
shall be additionally payable by the Customer.

Article 15 – Invoicing and payment
(1) Unless payment following invoice has been agreed in writing by 118 Print & Design Print
Shop for a Customer, payment must be made in full no later than seven calendar days after
receipt of the Order Confirmation. If payment is not made when due, 118 Print & Design
Print Shop reserves the right to cancel the relevant order(s) and to claim Liquidated Damages
in accordance with Article 22.

(2) Payment must be made using [a debit card or credit card, or via bank transfer].

(3) 118 Print & Design Print Shop will render invoices only in electronic form by e-mail, and
shall be under no obligation to provide an invoice in paper form.

(4) Invoices shall be payable net immediately on receipt of invoice.

(5) 118 Print & Design Print Shop shall be entitled to allocate payments to a Customer’s
older debts first, despite any Customer provisions to the contrary, and shall inform the
Customer about the nature of the offsetting effected. If costs and interest have already been
incurred, 118 Print & Design Print Shop shall be entitled to apply the payment to the costs
first, then to interest, and lastly to the primary debt.

(6) A payment shall not be effective until cleared funds are available to 118 Print & Design
Print Shop.

(7) In the case of returned direct debits or chargebacks, the Customer shall reimburse any
bank charges incurred by 118 Print & Design Print Shop, unless it is not attributable to the act
or omission of the Customer.

Article 16 – Production schedule and default in delivery
(1) All information given regarding deadlines or time limits for 118 Print & Design Print
Shop providing the service is indicative only. It does not signify binding or guaranteed
delivery dates, unless a provision to the contrary has been agreed in writing with the
Customer. If 118 Print & Design Print Shop discovers when processing an Order that the
Order cannot be delivered by the time indicated, the Customer shall be informed of this
separately by e-mail. Production schedules are calculated in working days. [IF YOU ARE A
CONSUMER WE WILL DELIVER THE PRODUCTS TO YOU WITHIN [30 DAYS].]

(2) If delivery of the product was agreed as per at the order delivery time limits and delivery
dates shall refer to the date of handover to the forwarder, carrier or other third party
instructed to provide the transport.

(3) 118 Print & Design Print Shop will not be liable under this contract where it suffers
delays due to force majeure and to events that materially impede or frustrate performance by
118 Print & Design Print Shop other than merely just temporarily, including in particular all
kinds of breakdown, difficulty in procuring materials or energy, transport delays, strikes,
legal lockout, official directives or failure by suppliers to supply, supply correctly or supply
on time (“Force Majeure Event(s)”), for which 118 Print & Design Print Shop is not
responsible, 118 Print & Design Print Shop. Insofar as the Force Majeure Event is of
temporary duration, 118 Print & Design Print Shop shall be entitled to delay provision of the
Service by the duration of the Force Majeure Event plus a reasonable start-up time. In the
event of any Force Majeure Event that are more than temporary, 118 Print & Design Print
Shop shall be entitled to withdraw from the contract in whole or in part in respect of the part
that has not yet been performed. If the Force Majeure Event lasts longer than two months, the
Customer shall be entitled to withdraw from the contract in respect of the part that has not yet
been completed, subject to a reasonable period of grace.
(4) For 118 Print & Design Print Shop to meet its production schedule, the Customer must
provide timely, complete and due performance of its obligations, including sending correct
Printing Data, providing printing approval, and advance payment in full or, unless payment
on invoice has been agreed by way of exception. If the Printing Data and/or printing approval
are received after 11:00 a.m. (UK time), the production schedule shall commence only on the
following working day.

Article 17 – Delivery and passage of risk
(1) If the customer is a Business Customer, the following provisions shall apply:
a) Delivery will be completed, and the risk in the Products shall pass to the Customer on
handover of the Product to the transport contractor (and in this regard, this shall be taken as
the commencement of the loading process). This shall apply regardless of who bears the
delivery costs, and even if the Products are transported by 118 Print & Design Print Shop’s
own employees. If delivery is delayed for reasons for which the Customer is responsible, risk
shall pass to the Customer from the date on which 118 Print & Design Print Shop has notified
the Customer that the Products to be delivered are ready for dispatch.
b) At the Customer’s written request and expense, the consignment shall be insured against
insurable losses by 118 Print & Design Print Shop.
c) If the Customer fails to take delivery of the Products, 118 Print & Design Print Shop shall
not be obliged to store the Products safely for the Customer, unless the delay is caused by a
Force Majeure Event or breach by 118 Print & Design Print Shop of its obligations and 118
Print & Design Print Shop shall be entitled to destroy the delivery after checking that
dispatch was properly effected, after notifying the Customer, and after expiry of a reasonable
time limit for collection, without affecting 118 Print & Design Print Shop’s claim for
payment of the price for such Products. Temporary storage shall be at the Customer’s cost
and risk.
d) Storage costs after passage of risk shall be borne by the Customer. When items are stored
by 118 Print & Design Print Shop, the storage costs shall be 0.25% of the invoice amount of
the Products to be stored per week or part thereof, subject to 118 Print & Design Print Shop’s
right to assert and substantiate higher or lower actual incurred storage costs.

(2) IF THE CUSTOMER IS A CONSUMER, THE RISK IN THE PRODUCTS SHALL
PASS TO THE CUSTOMER ONLY WHEN THE ITEM IS DELIVERED TO THE
DELIVERY ADDRESS SET OUT IN THE ORDER CONFIRMATION.

(3) If in the case of either a Business Customer or Consumer it has been agreed that the
Customer collect the Products from 118 Print & Design Print Shop, 118 Print & Design Print
Shop shall present the Products for collection at the agreed address, and notify the Customer
that the Products are ready for collection. The Customer shall collect the Products within one
week from notification. If the Customer delays collecting the consignment, 118 Print&
Design Print Shop shall be entitled to set the Customer a reasonable period of grace, and to
send the Products to the Customer at the Customer’s expense when this period has expired.
When setting the period of grace, 118 Print & Design Print Shop shall notify the Customer of
the legal consequences of expiry of the period. This shall not prejudice any additional rights
and remedies of 118 Print & Design Print Shop, such as claims for reimbursement of storage
costs.

(4) 118 Print & Design Print Shop shall be entitled to make part deliveries only if the part
delivery is of use to the Customer given the intended purpose of the Products. If the
Customer is a Consumer, 118 Print & Design Print Shop will bear all the additional shipping
costs.

Article 18 – Retention of title
(1) IF THE CUSTOMER IS A CONSUMER, 118 PRINT & DESIGN PRINT SHOP
SHALL RETAIN TITLE TO THE PRODUCTS DELIVERED UNTIL THE CONTRACT
PRICE OF THE PRODUCTS CONCERNED HAVE BEEN PAID IN FULL.
(2) If the Customer is a Business Customer, the following provisions shall apply in relation to
the Products:
a) 118 Print & Design Print Shop will retain title to and ownership of the Products until 118
Print & Design Print Shop has received in full the price of the Products in cash or cleared
funds.
b) Until title to and ownership of the Products has passed to Customer from 118 Print&
Design Print Shop, the Business Customer shall:
i) hold the Products on a fiduciary basis as 118 Print & Design Print Shop’s bailee;
ii) store the Products (at the Business Customer’s cost) separately from all other Products of
the Business Customer or any third party in such a way that they remain readily identifiable
as 118 Print & Design Print Shop’s property;
iii) not destroy, deface or obscure any identifying mark or packaging on or relating to the
Products;
iv) keep the Products stored at locations in the United
Kingdom disclosed in writing to 118 Print & Design Print Shop and grant an irrevocable
licence to 118 Print & Design Print Shop, its employees and agents to enter onto any
premises where the Products are situated during normal business hours for the purpose of
ensuring that Business Customer is complying with the provisions of this clause 18(2).
c) The Business Customer may use or resell the Products before title and ownership has
passed to it provided that:
i) any sale shall be effected in the ordinary course of the Business Customer’s business at full
market value;
ii) any such sale shall be a sale of 118 Print & Design Print Shop’s property on Business
Customer‘s own behalf and the Business Customer shall deal as principal when making such
a sale
d) Save as contained in clause (c), Business Customer shall not sell, give, pledge, lend, hire,
charge or otherwise dispose of the Products until the Business Customer has satisfied the
conditions of clause (a).
e) 118 Print & Design Print Shop may, while it is the owner of the Products, (and without
prejudice to any other rights it may have under or by virtue of these terms) demand the
immediate return of the Products at any time and the Business Customer shall forthwith
comply with such demand and bear the expenses of such return.
f) If the Business Customer fails to return the Products demanded by 118 Print & Design
Print Shop pursuant to clause I, the Business Customer shall grant an irrevocable licence to
118 Print & Design Print Shop, its employees and agents to enter onto any premises where
the Products are situated during normal business hours for the purpose of removing the
Products (the cost of doing which shall be borne by the Business Customer) to sell or
otherwise deal with the Products.
g) Notwithstanding the provisions of this clause, 118 Print & Design Print Shop may sue for
the price of the Products.
h) The Business Customer shall immediately notify 118 Print & Design Print Shop in writing
if anyone threatens to issue any form of insolvency proceedings against the Business
Customer or seeks to appoint a receiver, an administrator, an administrative receiver or
manager over any of the Business Customer’s property, and shall notify 118 Print & Design
Print Shop in writing before initiating any such proceedings or entering into any voluntary
arrangement or composition with its creditors.
i) 118 Print & Design Print Shop shall be entitled to assign and transfer all or any of its rights
title and interest in any agreement between the Business Customer and 118 Print & Design
Print Shop, the Products and all sums due to it in respect of the Products and shall notify the
Business Customer of each such assignment.
j) Until full payment is made, the Business Customer will take all necessary measures for the
protection of the Products including their insurance against all usual risks with an insurance
company approved by 118 Print & Design Print Shop for the full replacement value of the
Products. The Business Customer will procure that the interest of 118 Print & Design Print
Shop is noted upon any such insurance policy and that a copy of the policy is supplied to 118
Print & Design Print Shop on its creation.
k) If any part of this clause is or becomes illegal, invalid or unenforceable under the law of
any jurisdiction, that will not affect or impair:
i) the legality, validity or enforceability in that jurisdiction of any other part of this
agreement; or
ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any
other part of this agreement

Article 19 – Offsetting and assignment
(1) Subject to Article 15 (4), all amounts due under this agreement shall be paid in full
without any deduction or withholding other than as required by law and neither party shall be
entitled to assert any credit, set-off or counterclaim against the other in order to justify
withholding payment of any such amount in whole or in part.

(2) 118 Print & Design Print Shop may at any time assign, transfer, charge, subcontract or
deal in any other manner with all or any of its rights or obligations under the contract. The
Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or
any of its rights or obligations under the contract without the prior written consent of 118
Print & Design Print Shop.

Article – 20 Warranty
(1) Where the customer is a Business Customer:
a) 118 Print & Design Print Shop warrants that on delivery and for a period of 3 months from
delivery, the Products shall:
i) be free from material defects
ii) comply with the description set out in the Order Confirmation. However, this warranty
does not apply in the circumstances described in clause (b);
b) The warranty in clause (a) does not apply to any defect in the Products arising from:
i) fair wear and tear;
ii) wilful damage, abnormal storage or working conditions, accident, negligence by the
Customer or by any third party;
iii) operation or use of the Products other than in accordance with the user instructions;
iv) any alteration of the Products by the Customer or by a third party; or
v) any specification or instructions provided by the Customer, including the Printing Data.
c) Where the Customer is a Business Customer, and there is a breach of the above warranty ,
if:
i) the Customer gives notice in writing to 118 Print & Design Print Shop during the warranty
period within a reasonable time of discovery that some or all of the Products do not comply
with the warranty set out in clause (a);
ii) the Customer (if asked to do so by 118 Print & Design Print Shop) returns such Goods to
the 118 Print & Design Print Shop ‘s place of business at the Customer’s cost, and
iii) 118 Print & Design Print Shop is given a reasonable opportunity of examining such
Products;
d) 118 Print & Design Print Shop will, if it is satisfied that there is such a breach, at its
option, repair or replace the defective Goods, or refund the price of the defective Products in
full, together with reasonable delivery costs incurred by the Customer.
e) 118 Print & Design Print Shop’s compliance with this clause (c) will be the Customer’s
exclusive remedy for breach of the warranty in clause (a).

(2) IF THE CUSTOMER IS A CONSUMER, THE CUSTOMER HAS LEGAL RIGHTS IN
RELATION TO PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED.

Article 21 – Liability
(1) If the customer is a Business Customer:
a) 118 Print & Design Print Shop only supplies the Products for internal use by the
Customer’s business, and the Customer agrees not to use the Products for any re-sale
purposes.
b) nothing in these terms limit or exclude 118 Print & Design Print Shop’s liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet
possession); or
iv) defective products under the Consumer Protection Act 1987.
c) Subject to clause (1) (b) 118 Print & Design Print Shop will under no circumstances
whatever be liable to the Customer, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, arising under or in connection with the Contract for:
i) any loss of profits, sales, business, or revenue;
ii) loss or corruption of data, information or software;
iii) loss of business opportunity;
iv) loss of anticipated savings;
v) loss of goodwill; or
vi) any indirect or consequential loss.
d) Subject to clause (1)(b) and (c), 118 Print & Design Print Shop’s total liability to the
Customer in respect of all other losses arising under or in connection with the Contract,
whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall
in no circumstances exceed an amount equal to the price of the Services.
e) Except as expressly stated in these terms, 118 Print & Design Print Shop does not give any
representation, warranties or undertakings in relation to the Services (including the Products).
Any representation, condition or warranty which might be implied or incorporated into these
Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
In particular, 118 Print & Design Print Shop will not be responsible for ensuring that any
Products are suitable for the Customer’s purposes.

(2) IF THE CUSTOMER IS A CONSUMER:
a) if 118 Print & Design Print Shop fail to comply with these Terms, 118 Print & Design
Print Shop is responsible for loss or damage the Customer suffers that is a foreseeable result
of 118 Print & Design Print Shop’s breach of these Terms or our negligence, but 118 Print&
Design Print Shop is not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if they were an obvious consequence of 118 Print & Design Print
Shop’s breach or if they were contemplated by the Customer and 118 Print & Design Print
Shop at the time they entered into the Contract.
b) 118 Print & Design Print Shop only supplies the Products for domestic and private use.
The Customer agrees not to use the Product for any commercial, business or re-sale purposes,
and 118 Print & Design Print Shop have no liability to the Customer for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
c) 118 Print & Design Print Shop does not in any way exclude or limit its liability for:
i) death or personal injury caused by 118 Print & Design Print Shop’s negligence;
ii) fraud or fraudulent misrepresentation;
iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and
quiet possession);
iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979
(description, satisfactory quality, fitness for purpose and samples); and
v) defective products under the Consumer Protection Act 1987.

Article 22 – Compensation for cancelled or terminated orders related to Customised Products
(1) if an order is cancelled or terminated by either party for any reason whatsoever (other than
due to be default or 118 Print & Design Print Shop) then the Customer will pay the following
compensation to 118 Print & Design Print Shop:
a) if the order of a customised product is terminated before the point at which 118 Print&
Design Print Shop sets the order on the printing plate (“Pooling”)
Net Order Value (order price including
VAT but excluding delivery costs)
Compensation(GBP)
Up to GBP 20 GBP 4
GBP 20,01 to GBP 425 GBP 12
GBP 425.01 and greater GBP 20
b) if the order is terminated after Pooling, the full Net Order Value.

(2) The customer agrees that compensation payable under this Article 22 is fair and
reasonable and represents a genuine pre-estimate of the costs that 118 Print & Design Print
Shop will incur in the event of a cancellation or termination of an order.

Article 23 – Ownership of print media, archiving, copyright
(1) 118 Print & Design Print Shop shall be exclusively entitled to the ownership, copyright
and all other ancillary rights to the print media produced and used to produce the printed
matter.

(2) Proof prints and proof copies shall be destroyed after six months if no objection has been
received by then. The printing data sent shall be destroyed after production of the printed
material has been completed.

(3) The customer shall ensure that it has all rights to use, disseminate and publish the
transferred data, especially as regards text and graphic material.

(4) The customer shall make good any loss to 118 Print & Design Print Shop resulting from
third-party claims for infringement of industrial property rights and other rights arising out of
the customer’s specifications, text or images supplied. The customer shall indemnify 118
Print & Design Print Shop for all liability, costs and expenses incurred by 118 Print & Design
Print Shop as a result of such claims (whether or not successful) by third parties.

Article 24 – Confidentiality
The parties may not make available to any third party business or trade secrets or other
confidential information arising from the business relationship or provided to the other party.
This prohibition shall remain in force after termination of the contract.

Article 25 – Concluding provisions
This agreement and any other documents or materials referred to (including Section B) will
be governed by the laws of England and Wales. Where the Customer is a Business Customer,
the courts of England and Wales will have exclusive jurisdiction in relation to any disputes
arising out of this contract.

Customer information
Set out below is information on circumstances relating to the formation of a contract and its
implementation on the basis of purchase orders and their execution.
The information set out forms part of our contract with you. The terms of this are contained
in the General Terms and Conditions for the Production of Printed Material (GTC). You will
receive another copy of the Customer information and GTC again by e-mail after you place
your Purchase Order, in the form of an attachment in .pdf format with the Order
Confirmation.
This information is thus available to you offline at any time after conclusion of contract.

Information on the Vendor
The vendor of products on 118 Print & Design Print Shop is
118 Print & Design Print Shop.
Birch House,
Birch Lane Business Park,
Aldridge WS9 0NF
Service Call 0330 202 0552
e-mail: sales@118printdesign.co.uk
Commercial Register: England & Wales, Company No. 7548678
VAT number: GB 111285159

Information on the right of to cancel
118 Print & Design Print Shop sells personalised printed material produced to Customer
specification. There is therefore no right to cancel an order in relation to any Customised
Products.

III. Information on warranty rights
For details on warranty, please refer to the GTCs. The Products must be inspected for
manifest defects immediately after delivery. Any such defects must be reported immediately
to 118 Print & Design Print Shop; an e-mail to sales@118printdesign.couk is sufficient for
this purpose. No guarantees over and above the obligations as to quality required by law are
provided in respect of the Products or services supplied.
Other information on the contract
General terms and conditions
The current version of our GTC shall apply.

Product description
You can view and print out a product description using the "View flyer" button for the
product you have specified. The prices are also shown individually for the product selected.
You can print out an indicative quotation using the "Print quotation" button.
Payment, performance, delivery

You can define the arrangements for payment, delivery and performance yourself, by
selecting the type of payment and type of shipping.
If you opt for the automatic debit transfer procedure, then specifically for the direct debit
procedure, you must print out the bank direct debit mandate page, complete and sign it, and
send the original back to us. No Products will be shipped until we have the original of the
completed form with your signature.

The date for delivery stated in the quotation or in the order confirmation relate reflects our
then current workload. It is an indicative delivery date that is not binding. We deliver only
within the UK.

Contract conclusion process
The contract between you and 118 Print & Design Print Shop is formed by you designing a
product to your requirements on the Website, and sending a purchase order to us (after
carefully checking your order). If you notice any errors, you have the option of changing the
design back when you complete your order. This is expressly pointed out to you when you
confirm the purchase order by clicking on the "Complete Purchase Order" button.
Our receipt of the purchase order will be confirmed to you immediately after you send it.
However, the contract is not concluded until we accept the purchase order and send you
confirmation of order by e-mail.

If a special format ordered is technically not feasible to print, 118 Print & Design Print Shop
can decline acceptance of your offer, and submit a counter-offer with a technically feasible
version of your purchase order. In this event, the contract shall be concluded only on
acceptance of our counter-offer. You may decline this counter-offer in which case your order
will be cancelled and you will receive a refund of any price paid in advance.
Information on accessibility of the contractual provisions

We store your order information and personal data for purposes of contract processing.
Information on all matters relating to the formation of the contract and its implementation,
your order data stored by us, and a copy of our general terms and conditions will be sent to
you again by e-mail with your order confirmation. You can save this e-mail on your computer
to have the data available at any time. You can also view your order details and your personal
data by logging into our Customer area at any time.

VII. Information on your data
We use the personal data you give for purposes of ordering the Products (e.g. name, address,
payment data) only to perform and process the contract. When the order has been placed, it is
processed through our parent company, 118 Print & Design Print Limited , 118 Print&
Design Print Shop. Birch House, Birch Lane Business Park, Aldridge WS9 0NF
incorporated and registered uk 7548678 and we therefore forward the details provided during
order placement to 118 Print & Design Print Design.co.uk for this purpose. Your address and
contact information will be shared with any courier company we use to deliver the Products
to you. We may also provide information about you to credit references agencies (see Article
5 of the GTC). If you do not wish to be informed in future about new products and other
innovations in our product range, you can specify this during registration or when you change
your Customer profile. You also have the opportunity to access the information we hold
about you, amend it or have it deleted. This entails no additional cost beyond what your
provider charges for sending the e-mail. As a data subject under the Data Protection Act
1998, you have a right to object to your data being used or transmitted for advertising
purposes (block indicator). There is also a right of disclosure, and under certain
circumstances a right to amend, block and delete your details stored in one of our files.
If you have any questions about data protection, please contact our Data Protection Officer

Mr Mel Charles.
118 Print & Design Print Shop.
Birch House,
Birch Lane Business Park,
Aldridge WS9 0NF
Service Call 0330 202 0552
e-mail: sales@118printdesign.co.uk

VIII. Storing this customer information
You can store this Customer information permanently and view the file offline at any time.
To open the file you only need software that can read text files.

Consent to the General Terms and Conditions
I have read and understood the General Terms and Conditions, and consent to their
application.

 

Last amended: 25. January 2016
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Cancellation form

118 Print & Design Print Shop.
Birch House,
Birch Lane Business Park,
Aldridge WS9 0NF
Service Call 0330 202 0552
e-mail: sales@118printdesign.co.uk

 

I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following
goods/for the supply of the following service [*],

 

(Order details:)

 

Ordered on/Received on[*]:

 

Name of consumer(s):

 

Address of consumer(s):
Signature of consumers
(only if this form is notified on paper)

Date:

[*] Delete as appropriate

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