| TERMS AND CONDITIONS
IMPORTANT - smartlabelling.co.uk is a business to business (B2B) website. BACKGROUND: This agreement applies as between you, the User of this Website or Purchaser and Smart Print & Labelling Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched. 1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
2. Business Customers These Terms and Conditions apply to business customers only. The website www.smartlabelling.co.uk is exclusively for business customer only 3. International Customers If Goods are being ordered from outside Smart Print & Labelling Limited’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Smart Print & Labelling Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Smart Print & Labelling Limited gives no guarantee that the packaging of the Goods will be free of signs of tampering. 4. Intellectual Property 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Smart Print & Labelling Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Smart Print & Labelling Limited. 5. Third Party Intellectual Property 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. 6. Fair Use of Intellectual Property Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. 7. Links to Other Websites This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Smart Print & Labelling Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. 8. Links to this Website Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.smartlabelling.co.uk/index without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Smart Print & Labelling Limited. To find out more please contact us by email at sales@smartlabelling.co.uk 9. Use of Communications Facilities 9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules: 9.1.1 obscene or vulgar language must not be used; 9.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; 9.1.3 Content that is intended to promote or incite violence must not be submitted; 9.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages; 9.1.5 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws; 9.1.6 Users must not impersonate other people, particularly employees and representatives of Smart Print & Labelling Limited or our affiliates; and 9.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”. 9.2 You acknowledge that Smart Print & Labelling Limited reserves the right to monitor any and all communications made to us or using our System. 9.3 You acknowledge that Smart Print & Labelling Limited may retain copies of any and all communications made to us or using our System. 9.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information. 10. Accounts 10.1 In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that: 10.1.1 all information you submit is accurate and truthful; 10.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty. 10.2 It is recommended that you do not share your Account details, particularly your username and password. Smart Print & Labelling Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. 10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Smart Print & Labelling Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Smart Print & Labelling Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information. 10.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account. 11. Termination and Cancellation 11.1 Either Smart Print & Labelling Limited or a User may terminate an Account. If Smart Print & Labelling Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. 11.2 If Smart Print & Labelling Limited terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. 11.3 Smart Print & Labelling Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. 11.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases. 11.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased. 12. Payment 12.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Smart Print & Labelling Limited. 12.2 Interest will be charged on a daily basis, commercial interest at 1% above the base rate of the Bank of England obtaining at the time. 13. Goods, Pricing and Availability 13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Smart Print & Labelling Limited correspond to the actual Goods, Smart Print & Labelling Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods. 13.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing. 13.3 Smart Print & Labelling Limited does not represent or warrant that such Goods will be available. Stock indications are provided on the Website, however these may not take into account sales that have taken place during your visit to the web site.. 13.4 All pricing information on the Website is correct at the time of going online. Smart Print & Labelling Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary. . 13.5 In the event that prices are changed during the period between an order being placed for Goods and Smart Print & Labelling Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price; 13.6 All prices on the Website do not include VAT. Smart Print & Labelling Limited’s VAT number is 837 7228 02. 14. Property, Risk and Account of Profits 14.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Smart Print & Labelling Limited. Title remains with Smart Print & Labelling Limited until payment is complete. 14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Smart Print & Labelling Limited or forming a component part of a larger Good, and any amount of the purchase price payable to Smart Print & Labelling Limited remains outstanding, the Purchaser must account to Smart Print & Labelling Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Smart Print & Labelling Limited until payment has been received in full by Smart Print & Labelling Limited. 14.3 Smart Print & Labelling Limited reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Smart Print & Labelling Limited has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of Smart Print & Labelling Limited. 15. Delivery 15.1 Smart Print & Labelling Limited will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. 15.2 If Smart Print & Labelling Limited receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems. 16. Cancellation of Contract/Return of Goods/Replacement of Defective Goods Smart Print & Labelling Limited aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions. Please contact us by email (sales@smartlabelling.co.uk) to discuss any issues you may have with your purchase. Important - smartlabelling.co.uk is a business to business (B2B) website. We want you to be fully satisfied with your purchase. However, please note: the Consumer Contracts Regulations apply only to Business to Consumer transactions within the European Union. They do not apply to business to business (B2B) and Corporate transactions. Therefore, we are not able to accept or offer returns / exchange / refunds if you change your mind or if the goods ordered are not suitable for your requirements. This includes and extends to incorrectly ordered items - please ensure that you check the items you wish to order are suitable for your requirements - please contact us if you need any assistance prior to ordering. The Distance Selling Regulations no longer apply - they were replaced by the Consumer Contract Regulations for all purchases made on or after 13/06/2014. The full EU law to which we must comply is 'The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013' - if you wish to read the full regulations, please visit https://www.legislation.gov.uk/uksi/2013/3134/contents/made 16.1 No contract may be cancelled once it is accepted by the seller and no goods may be returned save at the absolute discretion of the seller. 16.2 In the event that the seller agrees to accept the return of non-defective goods such return will be on the following conditions:- 16.2.1 The purchaser must obtain a goods return number from the seller which number must clearly be displayed on each parcel to be returned. The goods must be returned in the manufacturer’s original packaging in unopened condition complete with any accessories, manual and other documentation. Software packages must have the software seal intact. If these conditions are not complied with returned goods will be rejected. 16.2.2 If in the opinion of the seller damage has been caused to the goods during transport from the purchaser to the seller, the purchaser will remain liable for the full cost of the goods or at the discretion of the seller cost of remedying any damage. 16.2.3 If the seller accepts the return of goods (other than on the grounds of defect) the seller reserves the right to make a handling and restocking charge of 25%. 16.3 Any alleged defect in the goods must be notified to the seller within seven days of the date of delivery. In the event that delivery is not refused and the purchaser fails to notify the seller within the time stated no rejection of the goods will be accepted and the full purchase price shall be payable by the purchaser. 16.4 In the event that any valid claim is notified to the seller based on the goods delivered under the contract being defective the seller shall at their discretion be entitled to replace the goods free of charge or refund the purchaser the price of the goods actually paid by the purchaser and the seller shall have no further liability to the buyer. 16.5 The purchaser shall retain the goods in respect of which allegation of defect is made together with the original manufacturer’s packaging for a reasonable time to enable the seller or its agent to inspect the goods or to arrange for the goods to be collected from the purchaser if the seller would so require. 16.6 Unless otherwise agreed in writing by the seller no credit for return goods will be given in the case of goods returned other than by reason of defect. 16.7 Goods ordered by customers other than those included in the seller’s sales catalogue will not be accepted for return save where specifically agreed in writing by the seller. 16.8 Smart Print & Labelling Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to: 16.8.1 Any use or enjoyment that you may have already had out of the Goods; 16.8.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly; 16.8.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened; 16.8.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law. 17. Privacy 17.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above. 18. Disclaimers 18.1 Smart Print & Labelling Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. 18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. 18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. 18.4 Whilst Smart Print & Labelling Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers. 19. Changes to the Service and these Terms and Conditions Smart Print & Labelling Limited reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Smart Print & Labelling Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future. 20. Availability of the Website 20.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. 20.2 Smart Print & Labelling Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. 21. Limitation of Liability 21.1 To the maximum extent permitted by law, Smart Print & Labelling Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. 21.2 Nothing in these Terms and Conditions excludes or restricts Smart Print & Labelling Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Smart Print & Labelling Limited. 21.3 Nothing in these Terms and Conditions excludes or restricts Smart Print & Labelling Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website. 21.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. 22. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 23. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 24. Third Party Rights Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Smart Print & Labelling Limited. 25. Notices 25.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@smartlabelling.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 25.2 Smart Print & Labelling Limited may from time to time send you information about our products and/or services. If you do not wish to receive such information, please advise us by sending a e-mail to sales@smartlabelling.co.uk and you will be unsubscribed. 26. Law and Jurisdiction These Terms and Conditions and the relationship between you and Smart Print & Labelling Limited shall be governed by and construed in accordance with the Law of England and Wales and Smart Print & Labelling Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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