Terms and Conditions
1. Company Information
This site (www.tradepads.com) is operated by Holmdale Print Limited, registered 05571487. Our registered office is Unit 5 The Towers, Foley Business Park, Stourport Road, Kidderminster, DY11 7PG. VAT registration number 738 6649 82
2. On-line ordering terms
2.1 By ordering through this website you agree that you are legally capable of entering into a contract.
2.2 You are at least 18 years of age.
2.3 Personal information is collected and processed through this website and stored in accordance with our privacy policy.
2.4 You warrant that you have the necessary authority if you are placing an order on behalf of a business.
2.5 All of our products are manufactured and personalised to your specification and you will not have any right to cancel the supply of any of the products once you have placed an order. If you have placed an order in error you may request this is cancelled by calling us on 0845 367 4467. If your order has not been printed, we may at our discretion allow you to cancel the order and refund you. If the order has been printed, we will be unable to process a cancellation request.
2.6 Payment for your order is processed at the time you place the order with us.
3. Information provided by you
Our site allows you to upload material to process your order(s). By using this feature, you agree to the following:
3.1 To comply with the applicable law in England and Wales and from any country which it is uploaded The material uploaded must not:
3.1 Be obscene, offensive, inflammatory or hateful
3.2 Promote sexually explicit material or promote violence or discrimination based on race, religion, sex, sexual orientation, age or disability.
3.3 Infringe any intellectual property rights of any third party. You grant us permission to disclose your identity to any third part claiming that any material uploaded by you to our site constitutes a violation of their intellectual property rights.
3.4 Upset, embarrass or harass another person, persons, organisations or groups
3.5 Promote or incite any party to commit or assist any unlawful or criminal act
3.6 Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. We reserve the right to remove any of your material if, in our opinion your material does not comply with these standards.
4. Availability and delivery
4.1 Our working days are Monday to Friday and exclude all bank holidays.
4.1 Your order will be processed in accordance with the product time provided to you at the time of order. We make reasonable endeavours to deliver on time but do not provide a guarantee or assurance your order will be delivered on the date provided
4.2 We reserve the right to despatch your order earlier than specified. If you do not want your order delivered before the scheduled delivery please contact us on 0845 367 4467 and we will hold your order until the scheduled delivery date becomes due.
4.3 Depending upon the size and weight of your order we will use either DPD or a pallet network delivery service. All of our orders are sent on a next working day basis. Next day service excludes certain post codes and geographical areas include Ireland, Jersey, Guernsey, Isle of Wight, Paisley and Aberdeen and Highlands. Delivery to such locations will be based on a 2 day delivery service. Delivery times are estimates and cannot be guaranteed.
4.5 We reserve the right to charge extra for off-shore and other geographical areas.
4.4 Working days are Monday, Tuesday, Wednesday, Thursday, Friday and exclude UK bank holidays.
4.5 A signature will be required upon delivery. If anyone other than the intended recipient signs for the product and a claim is subsequently raised for non-delivery we will incur no liability provided the product was delivered to the address provided by you as part of your order.
4.6 We reserve the right to make an additional delivery charge for re-delivery of your order if incorrect delivery details were provided at the time of order.
5. Our replacement policy
5.1 If you have reason to believe a product is defective, we may request you return the whole order or part of the order back to us for examination.
5.2 We do not exclude or limit in any way our liability: i). for death or personal injury caused by our negligence ii). under section 2 (3) of the Consumer Protection Act 1987; iii). for fraud or fraudulent misrepresentation or iv) for matters for which it would be illegal for us to exclude or attempt to exclude or liability v) any direct loss of income or revenue, loss of business, potential loss of business, loss of profits, loss of revenue, loss of data, loss of savings or loss of anticipated savings, waste of management, administration or office time or vi) any indirect or consequential loss or damage of any kind however arising even if foreseeable
5.3 Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
6. Claims
6.1 Claims for damages, non delivery, part delivery or shortages must be made by telephone on 0845 367 4467 or by email to [email protected] within 7 working days from the date the products were despatched.
6.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 6.1, except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
7. Written Communication
7.1 When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site, in accordance with our Privacy Policy. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
8. Notices
8.1 You must give notice to Holmdale Print Limited at its registered office by Royal Mail recorded delivery at your cost. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 8.
8.2 Giving notice to us will be at your own cost.
8.4 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
9. Transfers or rights and obligations
9.1 The contract is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, change, assign or dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may, without notice transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it, at any time during the term of the contract.
10. Events beyond or outside our control
10. A Force Majeure event includes any act, event, non-happening, omission or accident beyond our control and includes in particular, but not limited (and without limitation) to the following:
i) Strikes, lock out or other industrial action
ii) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war
iii) Fire, explosion, storm, flood, earthquake, epidemic, pandemic, subsidence or other natural disaster
iv) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v) Impossibility of the use of public or private telecommunications networks; and
vi) The acts, decrees, legislation, regulations or restrictions of any government.
vii) Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. Waiver
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 8 above.
12. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Third party rights
The Contract is between you and us. No other person has any rights to enforce any of its terms.
14. Our right to vary these terms and conditions
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within five working days of receipt by you of the Products).
15. Price and payment
15.1 The price of our product or service is quoted on by our website or if a price is not available via our website we may issue a written quotation. Despite our best efforts some of our products may be incorrectly priced. If we discover an error in the price of the products on our site that you may have ordered we will contact you to inform you of this error and give you the following options:
i) Allow you to continue with the purchase of your product at the correct price
ii) Allow you to cancel the order We will not process your order until we have your instructions. If we are unable to contact you using the contact details you have provided we will cancel your order.
15.2 Prices shown on our website are exclusive of VAT but include delivery unless the delivery address is zero rated for VAT at the ruling rate. VAT will be added at the checkout stage. We reserve the right to charge extra for off shore or premium post codes delivery addresses.
15.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
15.4 You may pay for Products using any debit or credit card. For manually quoted jobs payment can also be made by BACS.
15.5 For manually quoted jobs prices are valid for 30 days from the date of the quotation.
16. Entire Agreement
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17.0 Colour reproduction
17.1 All prices shown on this website are based on an ink coverage of 25%. Where artwork exceeds 25% we reserve the right to add additional manufacturing time to the quoted lead time specified.
17.2 For areas that have excessive black this should be set-up in rich or CMYK black. Where artwork is created using just single plate K we cannot guarantee accurate colour reproduction and this will be printed at the customers risk.
17.3 All text should be set to black only and not in rich or CMYK black. Text set in rich or CMYK black is at risk of mis-registration to which we cannot be held responsible.
17.4 We cannot guarantee colour reproduction when printing onto coloured or tinted papers or card stock
17.5 We recommend using a minimum of 100gsm or 120gsm for jobs that have in excess of 30% ink coverage. Printing on paper weights of less than 100gsm that have a 30% or higher ink coverage is at risk of see through on the reverse side.
18.0 Ex-works collections
If you request an ex-works collection we are only responsbile for the manufacture of the goods and suitable domestic transit packaging at the address of manufacture, being Unit 5 The Towers, Foley Business Park, Stourport Road, Kidderminster, DY11 7PG.
The buyer is responsible for labelling the goods, providing additional packaging (if deemed necessary by the buyer) loading onto transport or arranging a third party to collect the goods.
We are not responsible or liable for any loss or damage to the goods once the goods have left our premises.
We do not provide any insurance for loss or damage to goods on an ex-works basis.
We will not accept any claim for damages or loss on an ex-works collection.
19.0 Usage policy
This page (together with the documents referred to on it) sets out the terms between you and us under which you may access our website www.tradepads.com.This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
20.0 Termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. These include but are not limited to:
i) Temporary, immediate or permanent withdrawal of your right to use our site
ii) Written letter of warning to you
21.0 Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales