Terms & Conditions | Sure

Terms & Conditions

Application and entire agreement

  1. These Terms and Conditions will apply to the purchase of the goods detailed on sure-services.com our a quotation (Goods) by the buyer (you) from Sure Print Services (south East) LTD a company registered in England and Wales under number 07561977 whose registered office is at Ground Floor, Create Business Hub, 5 Rayleigh Rd, Shenfield, Brentwood CM13 1AB / (we or us). Trading as Sure.
  2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or purchase from psure-services.com or from the date of any delivery of the Goods (whichever happens earlier, if you are a credit account holder) and will constitute the entire agreement between us and you.
  3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A “business day” means any day other than a Saturday, Sunday or bank holiday.
  2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
  3. Words imparting the singular number include the plural and vice-versa.

Goods

  1. The description of the Goods is set out onsure-services.com, unless expressly changed in a separately supplied quotation. In accepting the quotation or buying thorough sure-services.com, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
  2. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

The price (Price) of the Goods is set out on sure-services.com or a separately supplied quotation current at the date of your order or such other price as we may agree in writing.

  1. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
  2. Any increase in the Price under the clause above will only take place after we have told you about it.
  3. You may be entitled to discounts. Any and all discounts will be at our discretion.
  4. The Price is inclusive of fees for packaging and transportation / delivery.
  5. The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and alteration

  1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
  2. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of\ \ 30\ days \ only from the date shown in it unless expressly withdrawn by us at an earlier time.
  3. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
  4. Once payment is made and the order is in processing the order can not be canceled.
  5. If a Full refund is required this will be processed once all goods are returned for inspection.

Payment

  1. Payment for goods are made through the sure-services.com Subject to agreed credit accounts. We will invoice you for the Price either:
    1. on or at any time after delivery of the Goods; or
    2. where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
  2. You must pay the Price within 30 day of the date of our invoice or otherwise according to any credit terms agreed between us.
  3. You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
  4. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 8% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
  5. Time for payment will be of the essence of the Contract between us and you.
  6. All payments that do not go through our sure-services.com payment portal must be made in British Pounds unless otherwise agreed in writing between us.
  7. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

  1. We will arrange for the delivery of the Goods to the address supplied in the delivery address columns.
  2. If you do not specify a delivery address delivery will be made to the Billing address.
  3. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
  4. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
    1. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or
    2. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
    3. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
  5. If redelivery is not possible as set out above, you can get email info@sure-services.com.  Please ask for your tracking details. We can charge you for all associated costs including, but not limited to, storage and insurance.
  6. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
  7. Sure may unfortunately from time to time have a delay in the production time. All times given are an estimate. The process of producing print involves machinery that from time to time can break down or require maintenance. If your print is for an event and is time-critical, collection from one of our distribution centers will be required to ensure you meet your event.
  8. Is your order urgent or date specific?
    Please note any delivery date given is an estimated arrival date. The only way to guarantee your printing is on time for an event is to collect from one of our distribution centers.
    Deliveries – Although nearly all orders arrive on time, there are rare occasions when our delivery partner lets us down. If your order is urgent, i.e for an event, we advise collecting it yourself by requesting pick up via live chat. Alternatively, you can also request a dedicated drop-off by a local delivery driver meaning your item will only be handled by one person.
    Sure are not liable for refunds or reprints if our courier partner fails to deliver on time.

Inspection and acceptance of Goods

  1. You must inspect the Goods on delivery or collection.
  2. If you identify any damages or shortages, you must inform us in writing within 14 days of delivery, providing details.
  3. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
  4. Incorrectly uploaded artwork does not constitute as a defective item. This includes such issues as, sizing, spelling mistakes, image resolutions, image colours or overprinting issues.
  5. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
  6. We will be under no liability or further obligation in relation to the Goods if:
    1. if you fail to provide notice as set above; and/or
    2. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
    3. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
    4. the defect arises from normal wear and tear of the Goods; and/or
    5. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
  7. You bear the risk and cost of returning the Goods.
  8. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 14 days after delivery.

Risk and title

  1. The risk in the Goods will pass to you on completion of delivery.
  2. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
  3. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
  4. Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with are treated as “User Content” for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content through sure if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does NOT: Infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you included in your art work or that you are fully licensed by the copyright owner to upload the text and Image and to make any subsequent use of it (such as by including the Image in a Product) or in email and postal communications we send to you);
    • infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to Sure and to authorise the subsequent use of it (such as by including a depiction of that person in a Product or in email and postal communications we send to you);
    • infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
    • contravene any applicable law (including, without limitation, any criminal law) or regulation;
    • include anything that is false, inaccurate, misleading, offensive, abusive, threatening, containing indecent imagery or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
    • contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
    • misrepresent the User’s identity in any way or impersonate any person;
    • include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
    • contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
    • harass, upset, embarrass, alarm or annoy any person;
    • give the impression that it emanates from us, if this is not the case;
    • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
    • infringe our fair use requirements or otherwise interfere with the proper working of Sure.

Termination (relating to credit account holders)

  1. We can terminate the sale of Goods under the Contract where:
    1. you commit a material breach of your obligations under these Terms and Conditions;
    2. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
    3. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
    4. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability

  1. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
  2. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
  3. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
  4. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
  5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
    1. any indirect, special or consequential loss, damage, costs, or expenses; and/or
    2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
    3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
    4. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
    5. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
  6. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

  1. Notices will be deemed to have been duly given:
    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
    2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
    3. on the fifth business day following mailing, if mailed by national ordinary mail; or
    4. on the tenth business day following mailing, if mailed by airmail.
  2. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Circumstances beyond the control of either party

  1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

  1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  1. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
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