Terms of Service
These Terms and Conditions apply to the sale of all Products by us, BrandItPack, a trading name of On Demand Print Services Ltd, a company registered in England & Wales under number 04973067, whose registered address is 1a Spinney View, Round Spinney, Northampton, England, NN3 8RF (“we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Products, as explained in clause 2;
“Customer” means you, the Consumer or business customer placing an Order with us;
“Order” means your order for the Products;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;
“Products” means the Products which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Website” means www.branditpack.co.uk.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Products by us and will form the basis of the Contract between you and us.
2.2 If you wish to place an Order with us, our Website will guide you through the ordering process. The Products pages will show the pricing, the specification of the materials, the sizes and the printing process to be used. Once you have chosen the Products and before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
2.4 The Order Confirmation will contain confirmation of the Products ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, the personalisation options as set out in clause 3.2 and the estimated delivery date.
2.5 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days).
2.6 Once your Order has been confirmed as detailed in clause 2.2, we cannot accept any changes to it, other than the personalisation additions as set out in clause 3.2.
3. Description and Specification of Products
3.1 We have made every reasonable effort to ensure that the Products conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the Products, when displayed on an electronic device.
3.2 Once your Order has been placed and confirmed, you will be provided with a link which you can use to upload your artwork and any message and request specific colours. The required formats for artworks will be as stated on our Website. We will send a proof for your approval and once this has been received, the Products will be printed and delivered.
3.3 Please ensure you have check the proof fully for mistakes and that the personalisation information you provide is correct, as the Products will be manufactured using this information.
3.4 We cannot accept the return of any personalised Products if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights as a Consumer, where applicable (including, but not limited to, those described in these Terms and Conditions).
3.5 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
3.6 We do not represent or warrant that particular Products will be available. If the Products are not available, the provisions of clause 2.5 will apply.
4. Price and Payment
4.1 The price of the Products will be as shown on our Website at the time of your Order. Our prices may change at any time, but these changes will not affect any Orders that we have already accepted.
4.2 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
4.3 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
4.4 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
4.5 Delivery charges are included in the price of the Products. Delivery options and any related charges will be presented to you as part of the Order process. Payment for the Products and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
4.6 All payments made via the Website will go through a payment gateway provider, such as Stripe or PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.1 We can currently only deliver to addresses within the UK. Certain postcodes in Scotland, Wales and non-mainland UK addresses may incur additional costs. The prices will be confirmed before you place your Order. If we cannot fulfil your Order, clause 2.5 will apply.
5.2 All Products purchased through our Website will normally be delivered within 14 calendar days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to your delay in uploading suitable artworks and approving proofs, and subject to delays caused by events outside of our control - see clause 9).
5.3 Orders will be delivered between the hours of 9am and 5pm and you may be required to sign for the delivery. If your Order has not arrived by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
5.4 If no-one is available at your delivery address to receive the Products and the Products cannot be left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Products.
5.5 Certain deliveries may be made on pallets, in which case the address will need to be capable of accepting tail-lift vehicles. If there are likely to be any restrictions at your chosen address, you must contact us before placing your Order, as this may incur additional costs.
5.6 Redelivery of the Products will be chargeable.
5.7 Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products.
5.8 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete as defined in clause 5.7, at which point it will pass to you. You own the Products only once we have received payment in full of all sums due (including any delivery charges).
6.1 Consumers are legally entitled to a 14 day “cooling-off” period, within which the Contract can be cancelled for any reason. However, this does not apply to personalised Products and these Orders cannot be cancelled or changed under any circumstances once the proof has been approved as described in clause 3.
6.2 Non-Consumers are also not entitled to cancel the Contract, whether the Products are personalised or not, once the Order has been confirmed.
6.3 We may cancel your Order at any time before we dispatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or If an event outside of our control occurs (please see clause 9).
6.4 If we cancel your Order and you have already paid for the Products under clause 4, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
7. Faulty, Damaged or Incorrect Products
7.1 By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:
7.1.1 Beginning on the day that you receive the Products (and ownership of them) you have a 30 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above.
7.1.2 If you do not wish to reject the Products, or if the 30-calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30-calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Products. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
7.1.3 If, after replacement, the Products still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Products at a reduced price, or reject them in exchange for a refund.
7.1.4 If you exercise the final right to reject the Products more than six months after you have received the Products, we may reduce any refund to reflect the use that you have had out of the Products.
7.2 Please note that you will not be eligible to claim under this clause 7 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 7 merely because you have changed your mind.
7.3 To return Products to us under this clause 7, please contact us to arrange for the return. We will be fully responsible for the costs of returning Products under this clause 7 and will reimburse you where appropriate.
7.4 Refunds under this clause 7 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, and will include all delivery costs paid by you when the Products were originally purchased. Refunds will be made using the same payment method that you used when ordering the Products, unless you specifically request that we use a different method.
8. Our Liability
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
8.5 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.
9. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, act of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.
11. Other Important Terms
11.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
11.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
11.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
11.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
12. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.