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Terms & Conditions

KAIZEN PRINT LTD – TERMS AND CONDITIONS

THE FOLLOWING DEFINITIONS APPLY TO THESE TERMS AND CONDITIONS

a) “Company”, “we”, “us” or “our” means Kaizen Print Ltd, a company incorporated and registered in Northern Ireland under registered company number NI627027 whose registered office address is 10-14 John Street, Omagh, Co. Tyrone, Northern Ireland, BT78 1DW, who provides the goods and/or services to the Customer pursuant these Terms and Conditions;

b) “Customer” or “you” means the party contracting with the Company to acquire the goods and/or services supplied by the Company under these Terms and Conditions;

c) “Website” means the Company’s website (www.kaizenprint.com);

d) “Work” means all goods (whether Intermediates or finished products) and services supplied by the Company to the Customer;

e) “Intermediates” means any products produced during the manufacturing process;

f) “Preliminary Work” means all work done in the concept and preparatory stages (including, without limitation, design, artwork, proofing and colour matching);

g) “Additional Work” means any additional work required of the Company by reason of the Customer supplying inadequate copy or incomplete or incorrect instructions to us, or delivering copy or instructions to us late;

h) “Electronic File” means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link;

i) “Party” means either of the Company or the Customer, and “Parties” means the Company and the Customer;

j) “Print Ready File” means artwork supplied by the Customer ready for plate making and production, without further keyboard intervention by the Company, in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link; and

k) “Insolvency” means the Customer is in a position where it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him.

THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM

We may amend these Terms and Conditions from time to time. The latest version of these Terms and Conditions may be accessed via the Website or requested from us in writing.

WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS AND SERVICES

You can find everything you need to know about us, Kaizen Print Limited, and the products and services we offer on our Website before you order. We also confirm the key information to you in writing (meaning by email) after you order.

WE DON’T GIVE BUSINESS CUSTOMERS ALL THE SAME RIGHTS AS CONSUMERS

For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

IF YOU ARE A BUSINESS CUSTOMER THIS IS OUR ENTIRE AGREEMENT WITH YOU

If you are a business customer these Terms and Conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and Conditions and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

THE FOLLOWING TERMS APPLY TO ORDERS, PROOFS, AND PRINTING

a) We only accept orders when we’ve checked them. We contact you to confirm we've received your order. We will then contact you again to confirm that we have checked your artwork and any other relevant aspects of your order, and that we have accepted your order.

b) Sometimes we reject orders. Sometimes we reject orders, for example, because you are located outside our delivery areas (as stated on our Website) or because the Work was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

c) We shall not be responsible for any errors not corrected by you where we have provided you with proofs. We will charge you for any necessary alterations to the Work and for additional proofs where you have failed to correct an error. When style, type or layout is left to our judgement, we will charge you extra if you wish to make changes to such style, type or layout.

d) Where you waive your right to examine proofs provided by us, we shall not be responsible for any errors in the finished work.

e) Due to their inherent nature proofs supplied by us shall be accurate in respect of layout and content only.
You understand and accept that proofs shall not be accurate for colour comparison to the finished Work unless otherwise agreed in writing. If you request (and we agree to) a more specific and achievable level of colour matching additional charges will apply.

f) You are responsible for making sure your measurements are accurate. If we're making or supplying the Work to measurements you provide, you're responsible for making sure those measurements are correct.

g) Once proofs have been approved by you, in writing, we will proceed to produce the Work.
At this stage, it is not possible to amend or cancel the Work. You must view all proofs at 100% size to see the exact size of the Work when printed.

h) There may be unavoidable variations in the printing process. We will make all reasonable endeavours to obtain the best possible colour reproduction on the Work but variation is inherent in the printing process. You acknowledge and agree that we cannot guarantee an exact match in colour or texture between any photograph, proof, Electronic File, Print Ready File, previously printed matter (whether printed by the us or by a third party) or any other materials supplied by you and the finished Work. You must supply such materials to us in CMYK format.

Where the Work is produced using full colour printing (also known as process colour or CMYK printing), you acknowledge and agree that RGB and/or Pantone colours (also known as spot colours) may not be accurately reproduced due to the inherent nature of the printing process.

The colour of the Work may be affected by the type of material chosen for the Work to be printed on, as well as by any applied lamination or varnish. You acknowledge and agree that we will not be responsible for any variations in colour or any other defects or irregularities arising out of such variations.

Any Work that does not meet your expectations, but which has been printed in accordance with the graphics file in terms of colour and densities, shall not be deemed to be faulty and shall not be re-printed, nor shall any credit be made available to you.

i) There may be unavoidable variations in quantity. We shall use all reasonable endeavours to deliver the correct quantity ordered. However, some variation is inherent in the printing process and you acknowledge and agree that minor variations of the final quantity produced subject to a variance of plus or minus 5% are immaterial, the same to be charged or deducted. Where the shortage is greater than 5% the limit of our liability to you shall be to make up the shortage within a reasonable period of time or to provide you with a credit for the shortage quantity. All claims with regard to the quantity of the goods shall be made in writing to us such that they reach us within 5 working days of receipt of goods. If we do not receive such a claim within this time period, the goods shall be deemed compliant with the order as regards quantity.

j) Digital printing. The digital printing processes used can result in the movement of paper through the press and may cause movement of the image on the sheet by +/- 2mm. This may be noticeable on tight register labels and also on artwork that has a border included. You acknowledge that we cannot guarantee that there will be no paper movement during the digital printing process or that there will be no movement in the position of artwork as a result.

k) We can change products in certain circumstances. We can always change a product:

i) to reflect changes in relevant laws and regulatory requirements; and

ii) to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.

(l) We can suspend supply (and you have rights if we do). We can suspend supply of a product. We do this to:

i) deal with technical problems or make minor technical changes;

ii) update the product to reflect changes in relevant laws and regulatory requirements; or

iii) make changes to the product.

We will let you know if we do suspend supply and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, you can contact our customer services team at websolutions@kaizenprint.com to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

m) Suitability of Work. You are responsible for ensuring that any product you order from us is suitable for its intended use. We shall not be responsible if you order a product that is unsuitable for its intended use, including, but not limited to:

i) incorrect type of paper specified for goods to be post processed through a laser, inkjet or similar printing device;

ii) self adhesive or label products which have special requirements (such as to be removable); and

iii) products that will be used in connection with food or food packaging.

We will use all reasonable endeavours to assist you in specifying the correct product if you request that we do so.

n) There are some things we won’t print. We shall not be required to print any matter which in our reasonable opinion is or may be of an illegal, offensive, extreme or libellous nature or which does or may infringe the proprietary or other rights of any third party.

You shall indemnify us in respect of any claims, costs and expenses against or incurred by us arising out or in connection with any printing by us for you of any material which is or may be illegal or unlawful or which otherwise is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.

THE FOLLOWING TERMS APPLY TO PRICING

a) Payment shall become due before commencement of the Preliminary Work or, if no Preliminary Work is required, on commencement of the Work, unless we agree otherwise with you in writing. If you order through the Website, you shall make payment by credit card or debit card at the time at which you make your order. If you order by telephone, we will invoice you once we receive your order. You will pay our invoice within 30 days of receipt, or such other period as we may agree in writing. You should note that the provisions of this clause 7(a) are subject to the provisions of clause 7(j).

b) Price estimates shall, unless otherwise stated, be inclusive of all delivery charges and costs, including packaging.

c) Price variations may apply.

i) Price estimates, whether published on our Website or given to you directly by our customer services team, are based on our current costs of production and, unless we agree otherwise with you in writing, are subject to amendment to meet any rise or fall in those costs of production that have taken place by the time of delivery.

ii) We are entitled to correct any price errors or omissions on estimates or invoices.

iii) We are entitled to change the price of Work, as published on the Website, at any time. However, we will honour the price published on the Website at the time of your online order and payment.

iv) Prices published on the Website are subject to you using the Website to submit an order and pay for the Work. Other methods of submitting an order and payment for the Work may, unless we agree otherwise with you in writing, incur additional charges to reflect the increased costs to us of processing such Work.

v) All prices and estimates are given exclusive of tax and we reserves the right to charge, and you agree to pay, any VAT or other tax due.

d) Should the Work be suspended or delayed by you for any reason we shall be entitled to charge you for storage and for loss of or wastage of resources that cannot otherwise be used. Should any such suspension or delay extend beyond 30 days we shall be entitled to immediate payment for Work already carried out, materials specially ordered and any other additional costs.

e) We collect interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

f) If you are a business customer you have no set-off rights. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

g) We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the Work, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

h) We will charge you for Preliminary Work.
All Preliminary Work carried out by you at your request, whether experimentally or otherwise, shall be charged. The charge for any Preliminary Work will be included in any price estimate we give you.

i) We may charge you for Additional Work. Any Additional Work may be charged. The charge for any Additional Work will be included in any price estimate we give you.

j) We may grant credit facilities to certain customers. Credit facilities may be granted to applicants who complete our Credit Account Application Form and who satisfy our criteria as set out from time to time. You can obtain a copy of the Credit Account Application Form and details of the criteria by contacting our customer services team at websolutions@kaizenprint.com. Where credit facilities are granted, we reserve the right to withdraw them at any time, without having to give reasons. If we do withdraw credit facilities, all outstanding invoices become due and payable immediately.

If credit facilities have been granted, payment terms will be agreed between us in writing and you shall pay invoices by the due date. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the Late Payment Commercial Debt (Interest) Act 1998 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by you.

k) General Lien.
Without prejudice to any other remedies we may have under these terms or at law, in respect of all unpaid debts due from you, we shall have a general lien on all goods and property of or provided by you in that are in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for you in such manner and at such price as we thinks fit and to apply the proceeds towards such debts, and shall when accounting to you for any balance remaining be discharged from all liability in respect of such goods or property.

THE FOLLOWING TERMS APPLY TO DELIVERY

a) Delivery of the Work shall be accepted when tendered.

b) Estimated lead times are not binding on us.
Unless otherwise agreed between us in writing, completion and delivery lead-times (measured in working days from receipt of cleared or authorised payment) are a guide only and, whilst we will make all reasonable endeavours to adhere to proposed timescales, time is not of the essence in any contract with you.

c) We are not responsible for delays outside our control.
If our supply of the Work is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our customer services team at websolutions@kaizenprint.com to end the contract and receive a refund for any products you have paid for in advance, but not received.

d) We will generally make delivery kerbside at your address.
Unless otherwise agreed between us in writing, delivery will be to kerbside at your address (subject to any relevant parking/loading restrictions). If we agree an alternative arrangement, we reserve the right to charge you an additional amount. You are responsible for making arrangements for off-loading and for any additional transportation to your storage facility. Delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle us to make an extra charge to reflect the extra costs involved.

e) We can charge extra for expedited delivery. Should expedited delivery be agreed, we shall be entitled to charge you an additional amount to cover any overtime or any other additional costs incurred (including, without limitation, courier or other postage charges).

f) Our published delivery prices do not apply to certain territories.
Delivery prices published on the Website are for delivery the next working day or next working day plus one (as applicable) after despatch by us to a single address in the Republic of Ireland and United Kingdom (excluding Highlands, Islands or Overseas). If you require delivery to an area outside the Republic of Ireland or United Kingdom, we reserve the right to charge you an additional amount charge to reflect the extra costs incurred).

g) Each instalment delivered to you shall constitute a separate contract between us.
Where the Work is to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms, or any claim by the Customer in respect of any one or more of the instalments, shall not entitle the Customer to treat the order as a whole as repudiated or cancelled.

h) Title and risk.
The risk in the Work and all goods delivered in connection with the Work shall pass to you on delivery and you are responsible for insuring the Work and any goods delivered in connection with the Work accordingly.

i) Retention of title.
Title in the Work shall remain with us until you have paid for it in full and have discharged any other debts owed by you to us, at which point title in the Work shall pass to you and you shall be the owner of it.

THE FOLLOWING TERMS APPLY TO MATERIALS SUPPLIED OR SPECIFIED BY THE CUSTOMER

a) Electronic Files & Print Ready Files. It is your responsibility to maintain copies of any original Electronic File or Print Ready File that you provide to us.

b) We shall not be responsible for checking the accuracy of supplied input from an Electronic File or Print Ready File unless we agree otherwise with you in writing.
You are responsible for ensuring that any such files are appropriate, fit for purpose and otherwise sufficient for us to fulfil our obligations to you under the contract Without prejudice to the above, if an Electronic File or Print Ready File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action we may charge you for any resulting additional cost incurred or may reject the file without prejudice to our rights to payment for Preliminary Work or Work done.

c) Risk and storage. Your property and all property supplied to us by you or on your behalf shall, while it is in our possession or in transit to or from you, be deemed to be at your risk unless we agree otherwise with you in writing. You are responsible for insuring any such property accordingly. We shall be entitled to make a reasonable charge for the storage of any of your property left with us before receipt of the order or after notification to the Customer of completion of the Work.

a) Your legal right to change your mind.
For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

b) When you can’t change your mind.
You can't change your mind about an order for:

i) services, once these have been completed;

ii) goods that are made to your specifications or are clearly personalised; and

iii) goods which become mixed inseparably with other items after their delivery.

For the avoidance of doubt, the right to change your mind does not apply to any goods provided by us that are made to your specifications.

c) The deadline for changing your mind.
If you change your mind about a product you must let us know no later than 14 days after:

i) the day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery; or

ii) the day we confirm we have accepted your order, if it is for a service.

d) How to let us know.
To let us know you want to change your mind, contact our customer services team at websolutions@kaizenprint.com .

e) You have to return the product at your own cost.
If your product is goods, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.

f) We only refund standard delivery costs.
We don't refund any extra you have paid for express delivery or delivery at a particular time.

g) You have to pay for services you received before you change your mind. If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.

h) We reduce your refund if you have used or damaged a product.
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

i) When and how we refund you. If your product is a service or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

YOU CAN END AN ONGOING CONTRACT (FIND OUT HOW)

We tell you when and how you can end an on-going contract with us (for example, for regular services) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our customer services team at websolutions@kaizenprint.com.

YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

a) Return the product to us. If you think there is something wrong with your product, you must contact our customer services team at websolutions@kaizenprint.com. Claims and rejections shall be subject to the terms set out in Claims below.

b) Your rights and remedies if you are a consumer.
We honour our legal duty to provide you with products that are as described to you on our Website and that meet all the requirements imposed by law.

c) Your rights if you are a business.
We warrant that on delivery, any products which are goods shall:

i) conform in all material respects with their description;

ii) be free from material defects in design, material and workmanship;

iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

iv) be fit for any purpose held out by us.

d) Your remedies if you are a business.
Unless an exception applies, if:

i) you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see paragraph (c) above);

ii) we are given a reasonable opportunity of examining such product; and

iii) you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

e) Exceptions to business customer warranty (see paragraph (c) above).
We will not be liable for a product's failure to comply with the business customer warranty if:

i) you make any further use of such product after telling us it is non-compliant;

ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

iii) the defect arises because we followed any drawing, design or specification supplied by you;

iv) you alter or repair the product without our written consent; or

v) the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

a) you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due;

b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or

c) you don't, within a reasonable time, either allow us to deliver the product to you.

WE HAVE RIGHTS IF YOU BECOME SUBJECT TO INSOLVENCY

a) If you become subject to Insolvency and the Work has not been paid for in full we may take back possession of any goods already supplied to you and, if necessary, enter your premises to do so, or to inspect and/or label the goods so as to identify them clearly as our property.

b) If you sell the goods before they have been paid for in full you shall hold the proceeds of sale on trust for us in a separate account until any sum owing to us has been discharged from such proceeds.

c) Where the Customer is in breach of these terms or becomes subject to Insolvency, we reserve the right to approach your customer(s) directly and to offer the Work directly to them, notwithstanding the fact that this will involve advising the your customer(s) that you are in breach of these terms, in default or are otherwise subject to Insolvency.

d) Without prejudice to any other remedies available to us under these terms, if you become subject to Insolvency, we shall have the right to immediately cease work under these terms and not to proceed further with the contract or any other Work for you. We shall also be entitled to charge for Work already carried out (whether completed or not) and materials purchased to enable us to complete the Work, such charge to be an immediate debt due to us. Any unpaid invoices shall become immediately due for payment.

CLAIMS

a) You must advise us of damage, delay or loss of goods in writing.
It is your responsibility to advise us in writing of damage, delay or loss of goods in transit, or of non-delivery, within two clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods). Any claim in respect thereof must be made in writing to us within two clear days of delivery (or, in the case of non-delivery, within three days of notification of despatch). We reserve the right to settle claims amounting to 20% or less of the order volume as a refund and not an automatic re-print. All other claims must be made in writing to us within two days of delivery. We shall not be liable in respect of any claim unless the requirements set out in this clause have been complied except where you prove that:

i) it was not possible to comply with these requirements; and

ii) the claim was nevertheless made as soon as reasonably possible.

b) Rejection.
If you exercise your legal right to reject the Work on the basis that it is defective, rejection must take place within three days of delivery. If you do not notify us that you are rejecting the Work within this time frame, you shall be deemed to have accepted the Work.

In the event of all or any claims or rejections we reserve the right to inspect the Work within seven days of the notice of the claim or rejection being validly received by us in accordance with these terms. If, following such an inspection, we determine that we have failed to print the Work in accordance with your order or otherwise than in accordance with these terms, we shall reprint the order at no additional cost to you.

c) How to notify us.
All claims with regard to the quality of the goods shall be made in writing to our customer services team (email: websolutions@kaizenprint.com)

LIABILITY

a) Our liability to consumers.
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

i) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

ii) Caused by a delaying event outside our control. As long as we have taken the steps set out in We're not responsible for delays outside our control.

iii) Avoidable. Something you could have avoided by taking reasonable action.

iv) A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in below.

c) Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

i) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us, including, for the avoidance of doubt, arising out of or in connection with any delay in transit/delivery; and

ii) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount equal to the total sums paid by you for products under such contract.

c) Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

i) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

ii) fraud or fraudulent misrepresentation;

iii) 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; or

iv) defective products under the Consumer Protection Act 1987; or

v) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

d) No implied terms about goods.
Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

e) Defective Work.
Without prejudice to any other term of these terms, and insofar as is permitted by law, where Work is defective for any reason, our liability (if any) shall be limited to an obligation to rectify such defect, or crediting its value against any invoice raised in respect of the Work.

i) “Defective Work” is defined as not being able to perform the job it was intended for, broken or faulty. This does not include slight colour variations of minor print adjustments such as a +/- 2mm tolerance in the movement of paper.

ii) Defective Work must be returned to us before replacement or credits can be issued. If the relevant Defective Work is not available to us, we shall be entitled to assume that you have accepted the relevant Defective Work and no credits or replacement Work will be provided.

iii) Where we offer to replace Defective Work, you must accept such an offer unless you can show clear cause for refusing so to do. If you opt to have the relevant Defective Work re-done by any third party without reference to us, you automatically revoke his right to any remedy from us, including but not limited to the right to a credit in respect of Work done by us.

iv) Where the relevant Defective Work will be forwarded by or on behalf of you to a third party for further processing you will be deemed to have inspected and approved the Work prior to forwarding and we shall accept no liability for claims arising subsequent to the third party’s processing.

v) We reserve the right to reject any work forwarded to us after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Notwithstanding the above, should you require us to continue, then we shall only be obliged to do so after receiving confirmation to this effect from you in writing.

Nothing in this clause shall affect your legal rights.

INTELLECTUAL PROPERTY RIGHTS

a) You shall be responsible for obtaining all necessary authorities and consents to reproduce any materials provided to us by you on the Work prior to instructing us to reproduce those materials on the Work.
You shall indemnify us and hold us harmless against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that that the reproduction of the materials by us infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

b) Ownership of intellectual property rights in design work. All rights in any design work commissioned, undertaken or ordered by us and originated by us shall, as to all intellectual property rights arising out of our in relation to it, belong to us. You shall not have any right to reproduce or authorise any other person to reproduce any such design work in whole or in part or do any act which would, in the absence of written authorisation by us, infringe any intellectual property rights which may subsist in relation to any such design work. We may upon request, assign the intellectual property rights in such design work to the you upon payment of our expenses in relation to any such assignment.

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice, a copy of which is available on our Website.

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

a) Complaints Procedure. Our Complaints Procedure is published on our Website.

b) You can go to court.
These terms are governed by Northern Irish law. If you are a consumer then, wherever you live, you can bring claims against us in the Northern Irish courts and if you live in Wales, Scotland or England, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the Northern Irish courts.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

a) Notices All specifications and notices relied on by either of us must be in writing and include a duly authorised signature.

b) We can transfer our contract with you, so that a different organisation is responsible for supplying your product.
We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract. If you're a consumer and you're unhappy with the transfer you can contact our customer services team at websolutions@kaizenprint.com to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

c) You can only transfer your contract with us to someone else if we agree to this.
If you're a consumer we may not agree. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

d) Nobody else has any rights under this contract.
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

e) If a court invalidates some of this contract, the rest of it will still apply.
If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

f) Even if we delay in enforcing this contract, we can still enforce it later.
We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

UNDERSTANDING VALUE ADDED TAX ON PRINTED PRODUCTS AND VAT EXEMPTIONS

By law KaizenPrint are required to charge Value Added Tax (VAT) on many of the printed products available from KaizenPrint Ltd, but there are a few exemptions as laid out by HMRC. To comply we have removed VAT from the ordering process, and you will not be charged VAT for the following:

No VAT is charged on goods or services that are:

i) exempt from VAT.

ii) outside the scope of the UK VAT system

VAT – exempt products

No VAT will be charged on:

i) Saddle stitched brochures / stapled booklets.

ii) Spiral / Wiro / Wire bound documents.

VAT – Special Requirements

VAT will be charged for leaflets and flyers if:

i) The paper size is larger than A4.

ii) The quantity is less than 50 copies.

iii) Any lamination is used.

iv) The paper weight is 250gsm or heavier.

VAT will be charged for folded leaflets if:

i) The quantity is less than 50 copies.

ii) Any lamination is used.

iii) The paper weight is 250gsm or heavier.

What happens if I have VAT and VAT – exempt products in the same cart?

We won’t charge VAT on exempt products even when there is a mix of VAT-able and non-VAT-able goods in the cart. Our clever tech people have sorted this. However, to comply with HMRC, we do charge VAT on the delivery fee if this is applicable.

What about deliveries to Republic of Ireland and if I’m VAT registered in ROI?

We will charge VAT on deliveries to ROI unless of course you are VAT registered in ROI. At checkout, click Business or Private, if a Business just complete business name, invoice address including EIR code etc (enter your valid EU VAT registration number if you have it) and we will remove the VAT on any goods and on any delivery charge applicable. If Private and not VAT registered, we will charge VAT on all applicable goods and delivery at standard UK VAT rate.

Updated 21/10/2024

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