This page (together with the documents referred to in it) tells any person or organisation (“You”) using our website infowerk.ie (our “Site”) the information about Us and the terms and conditions (“Terms”) on which We supply any of the products listed on our Site (“Products”) to You.
For the purposes of these Terms a consumer shall mean a human being not acting for the purposes of their business, trade or profession (“Consumer”).These Terms will apply to any contract between Us and You for the sale of Products bought by You through our Site (“Contract”). Please read these Terms carefully and make sure that You understand them before ordering any Products from our Site.
IN PARTICULAR, PLEASE READ AND ENSURE YOU UNDERSTAND THE PROVISIONS OF CLAUSES 11 (DELIVERY), 13 (PRICE), 14 (HOW TO PAY) and 20 (OUR LIABILITY IF YOU ARE A CONSUMER).
Please note that by ordering any of our Products, You agree to be bound by these Terms and the other documents expressly referred to in them. If You do not accept these Terms, do not order any Products from our Site.
We may amend these Terms from time to time in accordance with the procedure set out in clause 7. Every time You wish to order Products, please check these Terms to ensure You understand the terms which will apply at that time. These Terms, and any Contract between Us and You, are only in the English language.
1.1. We are unitedprint Ireland Ltd., a company incorporated in Ireland with company number 425233 whose registered office is located at Harcourt Centre, Harcourt Road, Dublin 2, D02 ED86 and whose trading office is located at Harcourt Centre, Harcourt Road, Dublin 2, D02 ED86 ("We" or “Us”). Out VAT number is 9573178U.
1.2. To contact Us please email [email protected].
2.1. The images of the Products on our Site are for illustrative purposes only. Although We have made every effort to display Products (including without limitation the colours) accurately, We cannot guarantee that your computer's display of the Products (including without limitation the colours) accurately reflect the Products. Your Products may vary slightly from those images.
2.2. Although We make every reasonable effort to be as accurate as possible, where our Products are customised all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 5% tolerance.
2.3. The packaging of the Products may vary from that shown on images on our Site.
2.4. All Products shown on our Site are subject to availability. We will inform You by email as soon as possible if the Product You have ordered is not available and We will not process your order if made.
2.5. Where You purchase designs and photos from our Site through our Marketplace, these photos or designs will be purchased by You under a licence as set out in clause 9 below.
3. USE OF OUR SITE AND YOUR PERSONAL INFORMATION
3.1. Your use of our Site is governed by our Website Terms and Conditions of Use which is available on our Site Privacy Statement. Please take the time to read our Website Terms and Conditions of Use, as it includes important terms which apply to You.
3.2. We only use your personal information in accordance with our Privacy Statement which is available on our Site Privacy Statement. Please take the time to read our Privacy Statement, as it includes important terms which apply to You.
4.1. Our Site is only intended for use by people resident in the Republic of Ireland. We do not accept orders from individuals or organisations outside that country. If You reside in Northern Ireland please logon to infowerk.ie and use that website for your order.
5.1. If You are an individual consumer, You may only purchase Products from this Site if You are over 18 years of age and resident in the Republic of Ireland. By placing an order through our Site, where You are an individual consumer You warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old; and
c) You are resident in the Republic of Ireland.
5.2. If You are a company or organisation, You confirm that You have authority to bind any business on whose behalf You use our Site to purchase Products.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1. After placing an order, You will receive an email from Us acknowledging that We have received your order. However, please note that this does not mean that your order has been accepted. By sending an order You make an offer to Us to form a binding contract. All orders are subject to acceptance by Us. The Contract will be formed on the sending by email to You of a confirmation of the order from Us (“Order Confirmation”).
6.2. The Contract will relate only to those Products We have confirmed will be provided to You in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
6.3. We reserve the right to decline orders and to terminate an already concluded Contract without notice for any reason, including, but not limited to, if the transmitted Customer Content (as defined in clause 15) contains contents that are pornographic, racist or illegal.
7. OUR RIGHT TO VARY THESE TERMS
7.1. We may revise these Terms from time to time where required. Every time You order Products from Us, the Terms in force at that time will apply to any contract formed between You and Us.
7.2. Whenever We revise these Terms in accordance with this clause 7, the relevant date at the top of these Terms will be updated to reflect the date of such amendment. It is up to You to review these Terms each time before placing an order for a Product to see if they have been updated.
8.1. In order to receive services from Us, You must register with our Site. Registration is performed by entering the required data in a designated online form available on our Site. Registration is completed by clicking on the "Complete Registration" button. Upon completion of the registration process, You will have created an account with Us.
8.2. You will be required to enter a password to gain access to your account and purchase the Products. It is your responsibility to maintain the security of your password. Where your password has been stolen or any individual has gained unauthorised access to your account with Us, You must advise Us immediately.
8.3. We also offer a guest login facility to allow You to purchase Products from Us without creating an account. For the purpose of the guest login You must enter an email address valid for the entire duration of an order. Subsequent guest logins will require You to re-enter this data to purchase a Product.
8.4. We are entitled to decline a registration or guest login in our sole discretion without stating any reasons. We may terminate or restrict access to any account at any time at our discretion.
9. WHERE YOU PURCHASE PRODUCTS UNDER A LICENCE FROM US
9.1. Where any Product is specified as being provided to You under a licence on the Site, We hereby grant to You a perpetual, non-exclusive, non-transferable worldwide licence to use that Product for the Permitted Uses (as defined below). You may only use a Product provided under licence for a Permitted Use, and for no other purpose. All other rights in and to the Product, including, without limitation, all copyright and other intellectual property rights relating to the Product, are retained by Us or the designer of the Product, as the case may be. A “Permitted Use” is defined as:
a) reproduction on websites or electronic publications;
b) reproduction on advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards, prints, posters and other reproductions and promotional postcards (ie not for resale or licence); or
c) reproduction on entertainment applications, such as books, magazines, newspapers, editorials or newsletters.
9.2. You may only use the Product for those advertising, promotional and other specified purposes which are Permitted Uses. You may not use the Product in products for resale, licence or other distribution, nor may You grant any sub-licence nor permit any other person to use the Product other than for your benefit.
9.3. You may not use any Product licenced to You in any manner that is contrary to law, that is obscene, infringes the third party intellectual property rights of any person or may bring Us or the designer of the Product into disrepute. In such circumstances We reserve the right to cancel the licence granted to You and, where We do so, You must discontinue using the Product immediately.
10. CONSUMER RIGHT OF RETURN AND REFUND
PLEASE NOTE THIS CLAUSE ONLY APPLIES IF YOU ARE AN INDIVIDUAL CONSUMER.
10.1. Otherwise than in the circumstances set out in clause 10.4 below if You are contracting as a Consumer, You have a right to unilaterally cancel a Contract and to a re-imbursement for the monies paid for that Product within 14 days, provided always, and if applicable, that You return the Product undamaged to Us.
10.2. Otherwise than in the circumstances set out in clause 10.4 below in the case of Contracts for multiple Products that are ordered by You in one order and delivered separately, your right to cancel and to re-imbursement expires after 14 days from the day on which You acquire physical possession of the last of the applicable Products provided always, and if applicable, that You return the Product(s) undamaged to Us.
10.3. If You are cancelling a Contract pursuant to clause 10.1 You shall be responsible for returning the Products to Us by parcel and by regular post. Where the Products are prohibited from being returned to Us by parcel and by regular post due to the Products size or bulk We shall arrange for the Products to be collected from You at the address the Products were originally delivered to or to an address as otherwise agreed in writing between You and Us.
10.4. You will not have any right to cancel a Contract for the supply of any of the Products in this case as such Products will have been customised to your specification or, where You do not receive a physical good (i.e. a Product is downloaded from our Site), this constitutes a service under the Regulations and performance of that service will have been completed before the end of any period set down in the Regulations for cancellation.
10.5. If You are seeking to cancel the Contract because the Product was mis-described, where We find that this was the case, We will refund the Price of that Product in full to You. Where such refund is due, We will refund You o the credit card or debit card used by You to pay
11.1. Any estimated delivery dates and delivery periods contained in an Order Confirmation shall be estimates only and not be fixed schedules. The delivery period shall commence after the Order Confirmation has been sent, on the Working Day on which all Customer Content (as defined in clause 15.3) required for production have been received by Us by 9 a.m. on any Working Day. If You have chosen as a payment option “payment in advance”, then the order is only worked on after receipt of payment in full, including any delivery costs. The delivery period is specified in Working Days. “Working Days” are Mondays to Fridays, excluding public holidays.
11.2. The delivery period shall be deemed to have been observed if the Products We have sent the Products to You via any shipment means. This shall be subject to You:
a) paying Us in full for the Products, including shipment charges; and
b) providing Us with any Customer Content required to prepare the Products.
11.3. Where We are not able to deliver the Products to You within the estimated delivery period other than for the reasons set out in clause 11.2 or clause 24 We will contact You and inform You of the new estimated delivery period.
11.4. We do not deliver to addresses outside the Republic of Ireland. Where You wish to purchase our Products from outside this jurisdiction, please visit our local website in that jurisdiction.
12.1. The Products will be at your risk from the time of delivery. If the Products are ready for dispatch and shipment or acceptance of them is delayed for reasons for which We are not to blame (including, but not limited to, a Force Majeure Event as set out in clause 24), the risk shall pass to You when You receive notice that the Products are ready for shipment.
12.2. Ownership of the Products will only pass to You when We receive full payment of all sums due in respect of the Products, including delivery charges and all other sums which are or which become due to Us from the You on any account.
12.3. Until the ownership of the Products has passed to You, (1) You shall hold the Products on a fiduciary bases as our bailee; and (2) store the Products (at no cost to Us) separately from your other goods in such a way as they remain readily identifiable as our property (where possible).
13.1. The price of any Products will be as quoted on our Site from time to time (and shall exclude delivery charges (where applicable)) (“Price”). We take reasonable care to ensure that the Prices are correct at the time when the relevant information was entered onto the system. However if We discover an error in the Price of Product(s) You ordered, please see clause 13.4 for what happens in this event.
13.2. These Prices include VAT at the applicable current rate chargeable in Ireland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, We will adjust the VAT You pay, unless You have already paid for the Products in full before the change in VAT takes effect.
13.3. 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.
13.4. Our Site contains a large number of Products and it is always possible that, despite our reasonable efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify Prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated Price, We will charge the lower amount when dispatching the Product to You. If a Product’s correct price is higher than the Price stated on our Site, We will normally, at our discretion, either contact You for instructions before dispatching the Product, or reject your order and notify You of such rejection.
13.5. We are under no obligation to provide the Product to You at the incorrect (lower) price, even after We have sent You an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mis-pricing.
14.1. Payment for all Products must be by credit card, Paypal or by payment in advance. We accept payment with MasterCard and Visa.
14.2. The Prices apply on the condition that the order data on which the Prices are based does not change after conclusion of the Contract. Costs caused by subsequent changes instigated by You shall be charged separately.
14.3. We shall send invoices solely by email with a qualified electronic signature. By submitting an offer, You consent to this form of invoice. Payments shall be due regardless of whether and when an invoice is issued.
14.4. Unless specified otherwise on the Order Confirmation, the total Price shall be due for payment immediately after conclusion of the Contract (upon receipt of the Order Confirmation).
14.5. You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such deduction to be paid by Us to You.
15.1. Where the Products You have purchased on our Site are to be printed by Us, the material content of this service will be set out in the information provided on our Site and in particular the order summary page prior to completion of the order, the Order Confirmation and, where relevant, any agreed contractual amendments and additions.
15.2. Once You receive an Order Confirmation, You may only amend an order where an amendment agreement is accepted by Us for the amendment. A change request submitted by You constitutes an offer to Us to enter into an amendment agreement. We are not obliged to accept your offer. Any amendment following an Order Confirmation may be subject to an increase in the Price. Where this is the case, We will notify You of the change in Price.
15.3. We shall carry out all print orders required for any Product purchased by You solely on the basis of the print content sent by You, which includes but is not limited to text, images, photographs, designs, instructions or any other material or direction from You (“Customer Content”). Error-free printing is not guaranteed in the case of differing data formats or other specifications.
15.4. You must carefully check the Customer Content to determine whether it is suitable for the print order in question before sending it to Us. We shall not check the Customer Content. You alone shall bear the risk of any errors in the printed Products owing to incorrect Customer Content.
15.5. At your express request, formats other than those specified in the customer information on the Site or any notification to You shall also be processed, where technically feasible. If errors occur as a result of conversion of any Customer Content into formats that can be processed by Us, responsibility for them shall not be borne by Us. You bear the risk of conversion itself.
15.6. If relevant Customer Content is not sent in CMYK mode, We cannot convert this Customer Content. Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original. Liability for such deviations in colour shall lie solely with You. By sending Customer Content in a mode other than the specified CMYK mode, You expressly declare that this Customer Content will be converted at your sole risk.
15.7. You undertake not to send Us any Customer Content that is pornographic, racist, discriminatory, or content that is liable to corrupt the young, glorifies violence, defamatory, infringes third party rights or otherwise is a breach of the law. If You breach this obligation, We shall be entitled to terminate the Contract without notice. Other rights and claims remain unaffected.
16.1. Where available, and in addition to the Price, You may order the creation of selected paper proofs and screen proofs (“Proofs”). Due to the different printing technology, the print image of a paper proof prepared in digital printing will contain minor variations from the printed product to be produced in offset printing. This applies all the more so for screen proofs due to the screen display. We will nevertheless make reasonable efforts to ensure that the proofs produced are as similar to the original as possible.
16.2. In order to avoid any delays to delivery, if there are no reasons for objection, You must approve the proof for printing in writing within 2 Working Days following delivery of the Proof to You. By issuing your approval, You confirm the Customer Content embodied within the Proof including, but not limited to its quality standards, tolerances and colour variations.
16.3. If You refuse to accept the Proof, You must provide Us with revised Customer Content and cooperate with Us in preparing a new Proof. In this case the delivery time selected by You will recommence following the receipt of the revised Customer Content.
16.4. Minor variations that do not constitute a deviation from the Product description and which are within the agreed quality standards, tolerances and colour deviations, may result due to a change of supplier, material switch or changes in production processes; no objections can be raised in this respect by relying on a deviation from Proofs.
17.1. The printing forms or carriers produced and used by Us to produce the Products shall remain our property.
17.2. Digital data and other objects required for reuse, as well as semi-finished and finished Products, shall not be retained by Us beyond the delivery schedule or sent to You.
17.3. Our Products shall be created solely on the basis of your content-related stipulations in the Customer Content. We have no influence on the contents of the printed Products. You warrant and represent that:
a) You have all rights to use, disseminate and publish the Customer Content You have sent, including, but not limited to text and photographic material;
b) Customer Content does not infringe any intellectual property rights of any third party; and
c) Customer Content does not violate any applicable law.
17.4. You agree and undertake to indemnify and keep Us indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Us arising out of or in connection with any breach of the representations and warranties contained in this Contract or otherwise relating to any claim made against Us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with any Customer Content.
18.1. Obvious defects of the Products purchased by You must be reported to Us within 5 Working Days of the Products being received. The deadline for reporting complaints shall only be regarded as having been observed if such notification is sent within this time.
18.2. Complaints solely due to the fact that You have failed to heed the information on requirements for Customer Content cannot be raised. This shall apply in particular to printed matter that is based on RGB colours and in which the resolution is too low or in which fonts that are not embedded are used.
18.3. Slight deviations in colour shall not be defects. This shall also apply in the case of deviations in colour from a previous order that was printed by Us.
18.4. Short or excess shipments of up to 10% of the ordered print run that are customary in the trade must be accepted by You, provided they are reasonable in the individual case. The supplied quantity shall be charged.
19. OUR LIABILITY WHERE YOU ARE A BUSINESS
This clause 19 applies if You are a person or corporate or commercial entity acting in connection with or on behalf of a business, trade or profession.
19.1. We only supply the Products for internal use by your business, and You agree not to use the Product for any re-sale purposes.
19.2. Nothing in these Terms limit or exclude our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; or
c) for any matter which it would be illegal for Us to exclude or attempt to exclude our liability.
19.3. Subject to clause 19.2, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
19.4. Subject to clause 19.2 and clause 19.3, our total liability to You 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 the Price of the Product which gave rise to the action that is the subject of the claim.
19.5. Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings 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, We will not be responsible for ensuring that the Products are suitable for your purposes.
20. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 20 only applies if You are a consumer.
20.1. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.2. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; or
c) any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
20.3. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall We be liable to You for any direct, indirect, incidental, special or consequential damages arising under or in connection with the Contract. In no circumstances shall our total liability to You 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 exceed the Price paid by You for the Product which gave rise to the action that is the subject of the claim.
20.4. If a Product is defective, your sole remedy shall be the replacement of the Product or a refund. If part of the delivery of Products has defects, this shall not authorise You to object to the entire goods.
20.5. Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings 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, We will not be responsible for ensuring that the Products are suitable for your purposes.
21.1. Applicable laws require that some of the information or communications We send to You should be in writing. When using our Site, You accept that communication with Us will be mainly electronic. We will contact You by email. 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. This condition does not affect your statutory rights.
22.1. When We refer, in these Terms, to "in writing", this will include email.
22.2. All notices given by You to Us must be given to [email protected]. We may give notice to You at the email address You provide to Us when placing an order. Notice will be deemed received and properly served 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
23.1. The Contract between You and Us is binding on You and Us and on our respective successors and assigns.
23.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
23.3. We may 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.
24. EVENTS OUTSIDE OUR CONTROL
24.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event. A Force Majeure Event is defined below in clause 24.2.
24.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks; or
f) the acts, decrees, legislation, regulations or restrictions of any government;
(“Force Majeure Event”).
24.3. 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 of the Contract for the duration of that period. Where the Force Majeure Event affects our delivery of Products to You, We will arrange a new delivery date with You after the Force Majeure Event is over.
25.1. 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.
25.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
25.3. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
26.1. 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.
27.1. 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.
27.2. Both You and Us each acknowledge that, in entering into a Contract, neither has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and Us prior to such Contract except as expressly stated in these terms and conditions.
27.3. 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.
28.1. Contracts for the purchase of Products through our Site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
Last modified: 18 July 2014