Pixal Print recommends that you print out and keep a copy of these terms and conditions for future reference.
These terms and conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.
This site is owned and operated by the Pixal GS Group (‘Pixal Print’, ‘we’ or ‘us’ or ‘our’). If you have any questions or comments with regard to these terms and conditions please contact us by either email: firstname.lastname@example.org or phone: 0131 440 0740 (Monday–Friday: 08:00 to 20:00, Saturday 08:00 to 12noon).
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out here. If you do not agree to be bound by these terms and conditions you may not use or access this website.
The Contract Between Us – Any contract for purchases made through the website will be with Pixal Print. Pixal Print must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed.
Once payment has been received Pixal Print will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Pixal Print’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
Pixal Print is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by e-mail. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
Price variation – Price estimates are based on Pixal Print current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
Copy – Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Pixal Print shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs – Proofs of all work may be submitted for customer’s approval and Pixal Print shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Pixal Print’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Copyright – Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Pixal Print shall vest in and belong to Pixal Print. Pixal Print may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials(“Materials”) prior to instructing Pixal Print to reproduce the same. The customer shall indemnify and hold Pixal Print and its agents and representatives harmless against all claims, 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 the reproduction of the Materials by Pixal Print infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
Delivery and payment – Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 9(b) below)will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should we fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service ‘credit’ will be awarded up to the value of the order in question (redeemable against future orders within 6months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). In addition:
(a) These services rely on the customer not delaying the progress of the order in any way(which delays include but are not limited to the customer not returning proofs by the time specified by Pixal Print or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but Pixal Print shall not be bound to deliver within the Guaranteed Period.
(b) Delivery of work by Pixal Print shall be deemed to take on actual delivery of the work to the customer by Pixal Print. Where Pixal Print is obliged to deliver the work to the customer but the customer provides Pixal Print with incomplete or incorrect delivery information or is not available to accept delivery, then provided that Pixal Print has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
(c) A charge may be made to cover any extra costs involved for delivery to a different address.
(d) Should expedited delivery be agreed Pixal Print shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
(e) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more Pixal Print shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(f) Risk of loss or damage to work completed by Pixal Print shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Pixal Print until Pixal Print has received payment in full in respect of the work.
(g) In the unlikely event that Pixal Print deems it necessary to reprint work, the Guaranteed Period shall recommence from the time of Pixal Print’s confirmation to the customer of its agreement to reprint the work.
(h) Where Pixal Print is requested by the client to deliver any print work / goods by independent courier services then ownership and responsibility pass from Pixal Print to the courier once the print work / goods has been collected and a relevant signature has been obtained, any subsequent loss or damage must be taken up directly with the courier or couriers insurers.(i) Pixal Print reserve the right to deliver any print work / goods by independent courier services and in such circumstances the ownership and responsibility pass from Pixal Print to the courier once the print work / goods has been collected and a relevant signature has been obtained, in the event of any subsequent loss or damage Pixal Print must be allowed to place a claim with the courier or couriers insurance agents and a reasonable amount of time specified by the courier or couriers insurance agents must be allowed before any credit or replacement will be issued.
Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that Pixal Print shall have no liability in respect of such variations. For other variations Pixal Print’s entire liability will be to award a Credit. The table below sets out the circumstances under which a Credit will be awarded: Quantities No Credit awarded Pro Rata Credit awarded 1.5x Pro Rata Credit awarded up to 1,000 Shortage up to 10% 11% to 20% 21% to 25%* up to5,000 Shortage up to 7% 8% to 15% 16% to 23%* up to 20,000 Shortage up to 5% 6%to 12% 13% to 21%* above 20,000 Shortage up to 4% 5% to 10% 11% to 20%* * The Customer’s sole remedy in respect of shortages above these quantities(“Additional Shortages”) will be a reprint of the entire shortage quantity of the relevant work, to be undertaken by Pixal Print within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.
Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Pixal Print and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Pixal Print and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Pixal Print within 28 days of delivery. Pixal Print shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and(ii) advice (where required) was given and the claim made as soon as reasonably possible.
Liability – Pixal Print gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Pixal Print shall not be liable for any loss arising from delay in transit not caused by Pixal Print. Further, Pixal Print shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Pixal Print in respect of any and all causes of action arising out of or in connection with the customer’s order and Pixal Print’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence),misrepresentation or otherwise) shall (subject to the provisions of paragraph10) be limited to the sums paid to Pixal Print by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to Scottish Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
Standing material – (a) Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of Pixal Print. Such items when supplied by the customer shall remain the customer’s property.
(b)Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, Pixal Print shall be entitled to make additional charges.
Customer’s property – The customer’s property and all property supplied to Pixal Print by or on behalf of the customer shall while it is in the possession of Pixal Print or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
Materials supplied by the customer – (a) Pixal Print may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Pixal Print in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Pixal Print shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
(c) Pixal Print shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then Pixal Print shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
Illegal matter – (a) Pixal Print shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
(b) Without prejudice to paragraph 7 above, the customer shall indemnify and hold Pixal Print harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
Periodical publications – Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Without prejudice to the foregoing, Pixal Print may terminate any such contract forthwith should any sum due there under remain unpaid for a period of 7 or more days from its due date.
Full colour printing – All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Pixal Print shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Pixal Print or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
Data Collection – This site collects personal data from you via web forms, and also via email addresses we provide so that you contact us with enquiries and send us your details.
You submit information using these methods voluntarily, and agree to the use of the personal data you provide as described in this policy.
If you give us personal information about somebody else, such as a colleague, we will assume you have their permission to do so, and their data will also be subject to this policy.
Data Collection via Cookies – Pixal Print may also collect personally identifying information using cookies. Sometimes cookies are required as part of this site’s operation. We will not collect personal data about you using cookies outside of this purpose.
Data Usage – Pixal Print will use the data you supply to answer an enquiry or to administer an ongoing commercial relationship.
We will also use your data to tell you about changes to the site, new information, or products and services offered by Pixal Print that we think you will find valuable. You can choose not to receive this information by sending a blank email to Pixal Print email@example.com with the subject ‘No Pixal Print information’.
Pixal Print does not share, sell, trade or rent your personal data outside of the Pixal Print group. We may choose to do so in future with selected third parties whose products and services we think you will find interesting. You can choose not to receive this information by sending a blank email to Pixal Print firstname.lastname@example.org with the subject ‘No 3rd Party Information’.
Data Usage Links to External Websites – Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website.
Therefore, Pixal Print cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Force majeure – Pixal Print shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Pixal Print elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Variation to Terms and Conditions – These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
Law – These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between Pixal Print and the customer into which these terms are incorporated.
This Website – Pixal Print own the copyright, trademarks and other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non–commercial use. Any other use or reproduction of the material or content is strictly prohibited.
You may not create any link to this website without prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Pixal Print website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the Pixal Print website will meet your requirements or will be uninterrupted, timely or error–free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Pixal Print website.