Grape Creativity Limited Website Terms and Conditions of Supply
1. Scope of the Terms and Conditions
1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (Brandedtape.co.uk) and the legal terms and conditions (Terms) on which Grape Creativity Limited supplies any of the products (Products) listed on the website www.brandedtape.co.uk (Website).
1.2. These Terms will apply to any contracts between Grape Creativity and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where Grape Creativity has given its prior written consent). For the avoidance of doubt, any replies by Grape Creativity that reference out to any of Customer’s correspondence which itself makes reference to the Customer's purchasing terms and conditions shall not have the effect of incorporating such purchasing terms and conditions.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by Grape Creativity which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. Customer should print a copy of these Terms for future reference.
1.5. Grape Creativity may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time. These Terms were most recently updated in May 2015.
2. Information about Brandedtape.co.uk
2.1. Brandedtape.co.uk operate the Website. Grape Creativity Limited is a company registered in England and Wales under company number 8487799 with its registered office at 43 Salem Street, Southampton SO15 5QE.
3.3. Brandedtape.co.uk’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.4. After Customer places an order, Customer will receive an order confirmation from Brandedtape.co.uk with a summary of the order. However, this does not mean that the order has been accepted. Brandedtape.co.uk’s acceptance of the order will take place as described in condition
3.5. The Contract between Customer and Brandedtape.co.uk shall only be concluded after the Artwork (defined in condition 5.1 below) has been transmitted by Customer and Brandedtape.co.uk has sent a separate order confirmation via e-mail (Acceptance of Order). Brandedtape.co.uk will send the Confirmation via e-mail within five days after receiving the Artwork.
3.6. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer: 4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and 4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Citizens' Advice Bureau or Trading Standards. Nothing in these Terms will affect these legal rights.
4.3. If Customer is purchasing as a business: 4.3.1. Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and 4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between Brandedtape.co.uk and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Brandedtape.co.uk which is not set out in these Terms or any document expressly referred to in them.
5. Content of the Order and Proof Requirements
5.1. Brandedtape.co.uk completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms and which are set out in more detail on the Customer Information page and Artwork guide www.brandedtape.co.uk/faq (Format Requirements).
5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to Brandedtape.co.uk. Except as otherwise set out in this condition 5, Brandedtape.co.uk will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When Brandedtape.co.uk has received the Artwork from Customer, Brandedtape.co.uk will perform a ‘Standard Artwork Check’ on every order submitted by Customer. The extent to which Brandedtape.co.uk checks the Artwork is detailed on the Customer Information page.
5.4. Where Customer has elected for Brandedtape.co.uk to perform a ‘Superior Artwork Check’ and/or a ‘Proof’ on the Products, Brandedtape.co.uk shall charge a fee for such service. The extent of the check to be performed on the Artwork, and the relevant fee for such services, is set out on the Customer Information page.
5.5. Where Brandedtape.co.uk has produced a proof for Customer pursuant to performing a Superior Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final Product to be produced by Brandedtape.co.uk and Brandedtape.co.uk shall have no liability to Customer for slight variations in the final Product from the proof supplied.
5.6. If, when Brandedtape.co.uk performs either the Standard Artwork Check or Superior Artwork Check, Brandedtape.co.uk discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, Brandedtape.co.uk will notify Customer and request Customer either provides corrected Artwork or permits Brandedtape.co.uk to edit the Artwork to the extent necessary to comply with the Format Requirements before Brandedtape.co.uk completes the order.
5.7. In the event that Customer notifies Brandedtape.co.uk that it wishes to proceed with the order without correcting any defects in the Artwork, or amending such Artwork so it complies with the Format Requirements, Customer does so at its own risk. 5.8. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.
5.9. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, Brandedtape.co.uk shall be entitled to convert the Artwork to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.
5.10. For the avoidance of doubt, Brandedtape.co.uk will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.11. Brandedtape.co.uk reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.12. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by Brandedtape.co.uk in making such changes.
6.1. Applicable laws require that some of the information or communications Brandedtape.co.uk send to Customer should be in permanent form and for this purpose, Brandedtape.co.uk shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
6.2. When registering to use the Website, Customer shall provide an e-mail address for communications between Brandedtape.co.uk and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by Brandedtape.co.uk.
6.3. In the case of Customers purchasing as a business:
6.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by Brandedtape.co.uk and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
6.3.2. any notice or communication sent by Brandedtape.co.uk to Customer, or by Customer to Brandedtape.co.uk will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
7. Price of the Products and Delivery Charges
7.1. The price of the Products will be as quoted on the Website.
7.2. Brandedtape.co.uk takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if Brandedtape.co.uk discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
7.3. Prices for the Products may change from time to time, but changes will not affect any order which Brandedtape.co.uk has confirmed with an Order Confirmation.
7.4. The price of the Products includes packaging and delivery charges but excludes shipping insurance.
7.5. The Website contains a large number of Products. It is always possible that, despite Brandedtape.co.uk’s best efforts, some of the Products on the Website may be incorrectly priced. If Brandedtape.co.uk discover an error in the price of the Products Customer has ordered, Brandedtape.co.uk will inform Customer of this error and Brandedtape.co.uk will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. Brandedtape.co.uk will not process Customer’s order until it has received Customer’s instructions. If Brandedtape.co.uk is unable to contact Customer using the contact details Customer provided during the order process, Brandedtape.co.uk will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, Brandedtape.co.uk do not have to provide the Products to Customer at the incorrect (lower) price.
7.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
7.7. Any Superior Artwork Check or Proof that is ordered by Customer shall be subject to an additional fee in accordance with condition 5.4 of these Terms.
7.8. If Customer obtains a quotation for Products from Brandedtape.co.uk either by e-mail or through the Website, this does not constitute an offer by Brandedtape.co.uk and shall only be valid for a period of 14 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order. 8. VAT8.1. The price of the Products automatically includes VAT (if any, which shall be at the sole discretion of Brandedtape.co.uk) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the order and the date of delivery, Brandedtape.co.uk will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.8.2. If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify Brandedtape.co.uk immediately following receipt of the Order Confirmation and confirm the reasons for this. Brandedtape.co.uk will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes, Brandedtape.co.uk shall reimburse Customer for any overpayment made in respect of VAT.8.3. Customers who are registered for VAT purposes must provide to Brandedtape.co.uk a valid VAT registration number at the time of placing an order. Brandedtape.co.uk is entitled to retain such information and apply this VAT registration number to any subsequent orders until Brandedtape.co.uk is notified by Customer in writing that the VAT registration number is no longer valid.
9.1. Customer may pay for Products at the time of placing the order using a debit card or credit card, PAYPAL or Sofort Banking, or pay by bank transfer after placing an order. Customers should note that where payment is made by bank transfer after placing an order, Brandedtape.co.uk shall not start production of the Products until payment has been received in full.
9.2. No other payment methods or terms shall apply unless expressly agreed with Brandedtape.co.uk In writing.
9.3. Brandedtape.co.uk shall issue a separate invoice for each Product ordered by Customer.
9.4. If Customer does not make any payment due to Brandedtape.co.uk by the due date for payment, Brandedtape.co.uk may charge interest to Customer in the following amounts:
9.4.1. if Customer is purchasing as a consumer, interest may be charged on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time; or
9.4.2. if Customer is purchasing as a business, interest may be charged on the overdue amount at the rate of 8% above the base lending rate of the Bank of England from time to time.
9.5. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Customer must pay Brandedtape.co.uk interest together with any overdue amount.
9.6. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify Brandedtape.co.uk and request Brandedtape.co.uk reimburse such sum. Subject to confirmation by Brandedtape.co.uk that it has received such overpayment, Brandedtape.co.uk shall reimburse the sum to Customer. Where the repayment of any such sum by Brandedtape.co.uk is subject to an additional charge, Brandedtape.co.uk shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
9.7. When invoice is selected as the method of payment, Brandedtape.co.uk reserves the right to carry out a credit check and is entitled to share personal information with the credit reference agency specified below for the purpose of assessing the customer’s credit and obtaining and processing information. Your legitimate interests are taken into account in accordance with legal provisions. Creditsafe Bryn House, Caerphilly Business Park, Van Road, Caerphilly CF83 3GG United Kingdom. In order to be able to provide you with services prior to payment (payment by invoice, instalments, etc.), we first need to ensure that these payment methods will not be misused and that consumers will be protected against overspending. Our company is therefore linked to the credit risk warning system of the credit reference agency ([Address of the credit reference agency]), ensuring protection against defaults in payment due to inability to pay, against misuse based on refusal to pay and against misuse by third parties. In order to be able to obtain a credit check from the credit reference agency, we provide it with your personal and address information. You can informally retract consent for your data to be shared with the credit reference agency at any time, in which case the payment options available to you will be restricted to advance payment and e-payment. In such a case, we are no longer able to provide you with services prior to payment and, if applicable, must discontinue them. We also provide the credit reference agency with personal contract information and information about payment behaviour that does not comply with contract stipulations, and obtain the same information regarding your contractual relationships with others that develop during our contractual dealings with you. This information is shared within the bounds of what is legally permissible and solely for the purpose of protecting the legitimate interests of our company or those of another contracting partner, all the while taking into account your legitimate interests and your concerns regarding the termination of reporting. Nevertheless, we reserve the right and are permitted by law to provide the aforementioned credit reference agency with your personal information regarding a claim for payment if you are late on a payment, if you have received two warnings in writing following the due date of the payment, if four weeks have passed between the first warning and the reporting, and if you have not challenged the legitimacy of the claim for payment. We will provide you with sufficient notice before providing the credit reference agency with your information. We would like to point out that, unlike in the past, regulations do not require an individual assessment in consideration of your interests to be carried out prior to reporting to the credit reference agency and the process is now automated to a much higher degree.
10. Delivery and Production
10.1. Delivery is based upon the production time taken by Brandedtape.co.uk to manufacture the Products and the delivery time to ship the Products to Customer.
10.2. Brandedtape.co.uk will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and Brandedtape.co.uk has completed the production of the Products.
10.3. Brandedtape.co.uk will advise Customer of the estimated date when the production of the Products shall be completed, however Customer accepts that time is not of the essence in relation to any estimated dates given by Brandedtape.co.uk.
10.4. For the avoidance of doubt, Brandedtape.co.uk shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check, Superior Artwork Check or Proof. Further information regarding production times can be accessed via the Customer Information page.
10.5. Delivery will be completed when Brandedtape.co.uk delivers the Products to the address given by Customer during the order process. If Customer is purchasing as a business, delivery will be completed when Brandedtape.co.uk delivers the Products to Customer’s nominated carrier.
10.6. If Customer is not available at the delivery address, Brandedtape.co.uk will leave a note that the Products have been returned to Brandedtape.co.uk’s premises and Customer must contact Brandedtape.co.uk to rearrange delivery. In circumstances where Brandedtape.co.uk has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, Brandedtape.co.uk shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by Brandedtape.co.uk in attempting to re-deliver the Products.
10.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once Brandedtape.co.uk has received payment in full for the Products.
10.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 7pm.
10.9. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.
10.10. Brandedtape.co.uk may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract and Brandedtape.co.uk shall pay the additional shipping charges relating to any subsequent instalments. Any delay in delivery or defect in an instalment shall not entitle Customer to cancel any other instalment.
10.11. Customer acknowledges and agrees (except in the case of a consumer) that it shall dispose of all transportation packaging unless otherwise agreed between the parties in writing. In any event, Customer shall not be entitled to return the transportation packaging except if the packaging is returned immediately after delivery of the Products and if the packaging is clean, free of debris and sorted according to the type of packaging.
10.12. Where Customer is purchasing as a business, Customer shall not be entitled to reject the Products if Brandedtape.co.uk delivers up to and including 10% more or less than the quantity of Products ordered, but a pro rata adjustment shall be made to the order invoice on receipt of notice from Customer that the wrong quantity of Products was delivered. For deliveries from special paper orders less than 1,000 kg, the percentage increases to 20%, and for deliveries from special paper orders over 1,000 kg, the percentage is 15%.
10.13. For the avoidance of doubt, Brandedtape.co.uk shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of Brandedtape.co.uk or Customer's failure to provide Brandedtape.co.uk with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
11. Event Outside the Control of Brandedtape.co.uk
11.1. Brandedtape.co.uk shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of Brandedtape.co.uk. An Event Outside the Control of Brandedtape.co.uk is defined below in condition 12.2.
11.2. An Event Outside the Control of Brandedtape.co.uk means any act or event beyond Brandedtape.co.uk’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3. If an Event Outside the Control of Brandedtape.co.uk takes place that affects the performance of Brandedtape.co.uk s obligations under a Contract:
11.3.1. Brandedtape.co.uk will notify Customer as soon as reasonably possible; and
11.3.2. Brandedtape.co.uk’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of Brandedtape.co.uk.
11.4. If the Event Outside the Control of Brandedtape.co.uk extends beyond four weeks, Customer shall be entitled to cancel the Contract.
12.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify Brandedtape.co.uk immediately and, in any event, no later than 7 days following delivery of the Products. Subject to Customer giving Brandedtape.co.uk a reasonable opportunity of examining such Products and Customer (if asked to do so by Brandedtape.co.uk) returning such Products to Brandedtape.co.uk at Brandedtape.co.uk’s cost, Brandedtape.co.uk will provide a full refund of the price paid by Customer including return postage and packing.
12.2. If Customer returns any Products to Brandedtape.co.uk and Brandedtape.co.uk can prove they were not damaged or defective when Customer received them, or are not misdescribed, Brandedtape.co.uk may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
12.3. For the avoidance of doubt, Brandedtape.co.uk shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by Brandedtape.co.uk.
13. Liability Brandedtape.co.uk’s liability if Customer is purchasing as a consumer
13.1. If Brandedtape.co.uk fails to comply with these Terms, Brandedtape.co.uk is responsible for any loss or damage suffered by Customer that is a foreseeable result of Brandedtape.co.uk’s breach of the Terms or Brandedtape.co.uk’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of Brandedtape.co.uk’s breach or if they were contemplated by Customer and Brandedtape.co.uk at the time the Contract was entered into.
13.2. Brandedtape.co.uk does not in any way exclude or limit its liability for:
13.2.1. death or personal injury caused by our negligence; 13.2.2. fraud or fraudulent misrepresentation;
13.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.2.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.2.5. defective products under the Consumer Protection Act 1987. Brandedtape.co.uk’s liability if Customer is purchasing as a business
13.3. Nothing in these Terms limit or exclude Brandedtape.co.uk’s liability for: 13.3.1. death or personal injury caused by our negligence;
13.3.2. fraud or fraudulent misrepresentation;
13.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.3.4. defective products under the Consumer Protection Act 1987.
13.4. Subject to condition 14.3, Brandedtape.co.uk will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.4.1. any loss of profits, sales, business, or revenue;
13.4.2. loss or corruption of data, information or software;
13.4.3. loss of business opportunity;
13.4.4. loss of anticipated savings;
13.4.5. loss of goodwill; or
13.4.6. any indirect or consequential loss.
13.5. Subject to condition
14.3 and condition
14.4, Brandedtape.co.uk’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
13.6. Except as expressly stated in these Terms, Brandedtape.co.uk does not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, Brandedtape.co.uk will not be responsible for ensuring that the Products are suitable for Customer’s purposes.
14. Communications between Brandedtape.co.uk and Customer
14.1. When these Terms refer to "in writing", this will include e-mail.
14.2. If Customer is purchasing as a consumer:
14.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact Brandedtape.co.uk in accordance with condition 6.3..
14.2.2. If Customer wishes to contact Brandedtape.co.uk t in writing for any other reason, Customer can send this to Brandedtape.co.uk by e-mail or by pre-paid post to [Brandedtape.co.uk] at [firstname.lastname@example.org]. Customer can always contact Brandedtape.co.uk using the Customer Services telephone line.
14.2.3. If Brandedtape.co.uk have to contact Customer or give Customer notice in writing, Brandedtape.co.uk will do so by e-mail or by pre-paid post to the address Customer provided in the order.
14.3. If Customer is purchasing as a business, any notice given by Customer to Brandedtape.co.uk, or by Brandedtape.co.uk to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
15.1. Where Customer decides not to proceed with an order having obtained a Superior Artwork Check and/or Proof from Brandedtape.co.uk, it must notify Brandedtape.co.uk immediately in writing. Customer shall be liable to pay the additional costs incurred by Brandedtape.co.uk in carrying out such Superior Artwork Check and/or Proof.
15.2. Before sending an Order Confirmation, Brandedtape.co.uk has the right to cancel Customer's order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order.
16. Personal Data
16.2. Brandedtape.co.uk will use the personal information provided by Customer to:
16.2.1. supply the Products; 16.2.2. process the payment for such Products; and
16.3. Save as set out in condition 17.4 below, Brandedtape.co.uk does not pass any personal data to any other third party.
17. Archiving Brandedtape.co.uk shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as Brandedtape.co.uk shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.
18. Trade marks / Copyright The Customer shall indemnify Brandedtape.co.uk against any and all claims, liability, costs losses, damages and expenses arising out of the use by Brandedtape.co.uk of the materials provided to Brandedtape.co.uk by Customer including (without limitation) the Artwork.
19. Other important terms
19.1. Brandedtape.co.uk may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or Brandedtape.co.uk‘s obligations under these Terms.
19.2. Customer may only transfer its rights or obligations under these Terms to another person if Brandedtape.co.uk agree in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask Brandedtape.co.uk’s consent.
19.3. The Contract is between Brandedtape.co.uk and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of Brandedtape.co.uk’s warranty, but Brandedtape.co.uk and Customer will not need their consent to cancel or make any changes to these Terms.
19.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5. If Brandedtape.co.uk (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that Brandedtape.co.uk has waived its rights against Customer or that Customer does not have to comply with those obligations. If Brandedtape.co.uk does waive a default by Customer, Brandedtape.co.uk will only do so in writing, and this will not mean that Brandedtape.co.uk will automatically waive any later default by Customer.
19.6. If Customer is purchasing as a consumer, these Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. Customer and Brandedtape.co.uk both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if Customer is a resident of Northern Ireland, Customer may also bring proceedings in Northern Ireland, and if Customer is a resident of Scotland, Customer may also bring proceedings in Scotland.
19.7. If Customer is purchasing as a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. Customer and Brandedtape.co.uk both agree to the exclusive jurisdiction of the courts of England and Wales.
Date of documentation: May 2017 Customer can always check these terms on Brandedtape.co.uk, also save them as a PDF and view the file permanently offline or print it at any time.