Terms & Conditions

Please read the Terms and Conditions carefully since you will be bound by them. If you do not agree to the Conditions applicable you may not use the Website or order any Products from the Website as you will be bound by the Conditions.

These Conditions apply to all Orders and supersede all others. When you use our Website these Conditions will constitute a legally binding agreement between you and us. Receipt of acknowledgement of order by you, constitutes your acceptance that our Conditions are the only conditions that apply to the agreement notwithstanding any purported terms put forward by you.

1.Definitions and Interpretation (What certain words mean in these Conditions)

1.1.In these Conditions:

“Buyer” means the person whose name is printed on the Order (“you/your”);

“Contract” means the Contract between the Seller and the Buyer constituted by an Order and these Conditions (as amended from time to time);

“Delivery Address” means the address to which the delivery is to be made;

“Delivery Option” means the specific delivery option you have chosen for the Product when placing your Order;

“For Convenience” means for any or no reason at all;

“Imail Print Identity(ies)” means the root password protected logon that allows the Buyer access to the Website;

“Imail Print Service” means the Seller will digitally print and deliver the Products that you request;

“Intellectual Property Rights” means all patents, registered designs, trademarks and service marks (whether registered or not), copyright, database rights, design right, know-how, information and all similar property including that subsisting (in any part of the world) in inventions, designs, performances, computer programs, semiconductor topographies, confidential information, business names, goodwill and the styles of presentation of goods or services and in applications for protection of them in any jurisdiction;

“Order” means the Buyer’s Order which generally consists of the Products on the Website which includes delivery to the Buyer’s Delivery Address;

“Order Confirmation” means the Order confirmation which will be confirmed by the Seller to the Buyer;

“Product” means the finalised printed item that you have selected i.e. a business card with a personalised design;

“Seller” means UK Mail Limited t/a imailprint (“we/us/our”). We are a company duly incorporated under the laws of England and Wales with registration number 00965783 and whose registered office is at 120 Buckingham Avenue, Slough, England, SL1 4LZ;

“Terms and Conditions” means these conditions herein;

“Website” means www.imailprint.com or www.orderlink.co.uk (for micro-site users) and as amended from time to time.

2.The imail Print Service

2.1.Accessing the Service

2.1.1.In order for a Buyer to access the imail Print Service and the Website, the Buyer must register on the Website. For the avoidance of doubt, the Buyer shall be requested to complete their details including their name and address. The Buyer must provide a username and password in order to successfully register on the Website.

2.1.2.If the Buyer has an imail account, the Buyer can register on the imail Print Service by using their existing imail username on the Website subject to the availability of the username. The Buyer will be required to enter a new password.

2.1.3.By placing an Order through our Website, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years of age.

2.1.4.Children are not eligible to use the imail Print Service and we ask that minors (those that are under 18 years of age) do not submit any personal information to us or use the imail Print Service.

2.1.5.The Buyer must keep their account details safe. The Buyer should not share their password with anybody. We cannot be held responsible for any activity on your account as we have no way of knowing who accesses your details on the login screen. We will presume it is you accessing your account so you must keep the details of your account safe. We cannot be held liable for any losses caused by your failure to keep your account details safe. You may be liable to us as a result of your failure of keeping your password safe.

2.1.6.The Buyer shall be responsible for the acts and/or omissions of any persons making use of its imail Print Identity(ies) whether being authorised to do so or not. You shall promptly notify us on becoming aware of any imail Print Identity(ies) and/or password being knocked down and/or available to a third party.

2.1.7.For the avoidance of doubt, we will never ask you for your password. If you receive any such request you must not provide any of the details requested and you must notify us immediately.

2.1.8.Where at any time we become aware that you are not complying with these Conditions, we reserve the right to suspend and/or close your account where:

i)you have failed to comply with your responsibilities under these Conditions; or

ii)you have used information that is in any way inaccurate or untrue; or

iii)you have, in our opinion, misused the account; or

iv)we discover that you have opened another account before which was suspended or terminated by us for reasons set out in this clause 2.1.8; or

v)there has been no activity in your account for 12 months; or

vi)you have requested that we close the account For Convenience;

vii)we have given you 30 days’ notice to close the account For Convenience.

2.1.9.Where we have previously terminated a Buyer’s account they have set up for reasons set out in clause 2.1.8 but the Buyer wishes the Seller to re-consider the application to set up another account, the Buyer should contact the Seller and obtain the Seller’s written consent before setting up another account. The Seller has complete discretion to restore the Buyer’s access where the Buyer has demonstrated to the Seller’s satisfaction that such non-compliance has ceased and the Buyer is taking all steps to prevent its reoccurrence.

2.1.10.Due to the nature of, inter alia, the internet and online systems, we cannot ensure that the imail Print Service will be available at all times and/or will always function effectively. Accordingly, we will not be liable to you in respect of the unavailability or malfunctioning of the imail Print Service. The Buyer should be aware that downtime may not be planned. We will not be liable to you in the event of any downtime.

2.1.11.We will not be liable to you where you are unable to access the imail Print Service or the Website or otherwise use the imail Print Service for reasons related to internet connectivity and/or telecommunications.

3.Using the Service

3.1.The Buyer has the option to select to use their own artwork on the Product. If the Buyer selects this option then:

a)we will not charge you for uploading your artwork to be included in the Product;

b)you warrant that you are either the owner of the intellectual property vested in the content (including but not limited to graphics, images and text) of any artwork you uploads to become a part of the Product, or it is otherwise licensed or authorised to use such intellectual property;

c)you shall grant us a royalty free license for the purpose of allowing us to perform our obligations under these Conditions, or shall obtain any required third party license for us for the purposes of performing its obligations under these Conditions;

d)you shall indemnify us and render us harmless against any and all losses, including without limitation all claims, damages, awards, expenses (including legal expenses) suffered or incurred by us in respect of any and all matters arising out of, or in connection with any breach by you of clauses 3.1(b) and 3.1(c);

e)you shall procure that the contents of the artwork uploaded to the Website by you conform to the British Codes of Advertising and Sales Promotion. Any breach of this clause 3.1(e) shall be deemed not to be capable of remedy.

f)you warrant that it shall not contain inappropriate material including but not limited to obscene and/or sexually explicit material, anything that is defamatory, libellous, threatening, excessively violent, hateful, abusive, racially offensive or anything which we in our sole discretion consider is offensive or inappropriate.

3.2.The Buyer also has the option to purchase templates from the Website. If the Buyer selects this option then:

a)you shall pay the charge allocated to each template. For the avoidance of doubt, the charge relates for the use of that template to fulfil that Order only. You will be charged for using a previously purchased template for each new amended Order;

b)the Seller warrants that it is either the owner of the intellectual property vested in the content (including but not limited to graphics, images and text) of any of the templates on the Website or it is otherwise licensed or authorised to use such intellectual property;

c)you do not obtain any rights to any of the Intellectual Property Rights including but not limited to any of the Products listed on the Website;

d)you agree and acknowledge that any Intellectual Property belonging to us continues to be vested with us and nothing in these Conditions shall operate so as to transfer any rights in such Intellectual Property from us to you.

3.3.Once you have decided which template you wish to use, you must confirm the Order. It is up to you to confirm what you have selected to order is correct. This includes, but is not limited to you checking and confirming that the Product, the size, the finish, the spelling and the grammar, and whether any editable areas have been amended or removed are correct. Once your Order is correct, you must confirm the Order.

3.4.All Orders placed by the Buyer to purchase a Product are subject to acceptance by the Seller. The Seller will notify the Buyer when an Order has been accepted for processing under the imail Print Service.

3.5.We reserve the right to reject or refuse to accept any Orders from you.

4.Paying for your Order

4.1.Once you have submitted the Order for processing you must make the applicable payments for the Order. You will then receive an Order Confirmation.

4.2.You shall pay the charges in accordance with those published on the Website and the Order Confirmation.

4.3.We reserve the right to review and increase the charges at any time.

4.4.There are two ways in which you can pay for your Order which are as follows:

a)Ad Hoc Account Customers – the Buyer shall pay the charges upon booking the imail Print Service online using a credit or debit card accepted by us. We also accept payment via PayPal.

b)Credit Account Customers – we shall send you invoices, whether by post, email or other means, showing the total charges or other sums due from you and you shall pay all such invoices by direct debit within 7 days of the date of the invoice or by such means as otherwise agreed in writing.

If you are accepted as a Credit Account Customer we may require you to satisfy certain credit requirements. We reserve the right to refuse to offer or withdraw the Credit Account Option where you fail to satisfy our credit requirements from time to time.

4.5.Any queries relating to invoices must be received by us, in writing, within 7 days of the date of the invoice.

4.6.All payments due from you under these Conditions will be made without deduction whether by way of counter-claim, set-off or otherwise unless you have a valid court order requiring an amount equal to the deduction to be paid by us.

4.7.All charges or other sums payable under these Conditions are expressed exclusive of VAT, which shall be paid at the time and in the manner required by law.

4.8.If a Credit Account Customer fails to make payment to the Seller under these Conditions on the due date, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

a)Immediately suspend the performance or further performance of its obligations under these Conditions without liability to you; and

b)Charge daily interest on all amounts not paid until payment is received in full at an annual rate equal to 4% above the Lloyds Bank plc base lending rate from time to time.

4.9.On occasions, we may create a micro-site for certain Buyers. The charges on the micro-site will be specific to the Buyer. This clause 4 still applies to Buyers who have a micro-site.

5.Printing of your Order

5.1.When we have accepted the Order we will print the Product.

5.2.Whilst we will use reasonable endeavours to print the Product in the exact colour and fonts as you have specified, we cannot always guarantee an exact match.

5.3.We will endeavour to print the Product in a timely manner but time is not of the essence in relation to the printing of the Product.

5.4.We have a policy of continuous Product development and reserve the right to amend the specifications of any of the Products without prior notice.

6.Delivery of your Order

6.1.We will deliver the Product to the Delivery Address according to the Delivery Option you have selected and these Conditions.

6.2.We use third parties who are independent of us to carry out the deliveries such as independent subcontractor drivers, who are businesses in their own right. Independent third parties are responsible for their own actions and if anything goes wrong with your Order that was caused by a third party service provider, we will help you identify the independent third party responsible.

6.3.Any advice (for example via text or email) we may send to you is purely indicative only and does not represent a firm commitment to deliver within the indicated period. We will use reasonable endeavours to deliver within the period but the advice is solely intended to be helpful and the actual time could be dependent on many factors, such as traffic.

6.4.You agree that it is up to us or the independent third parties to decide the route through which the Product will be delivered.

6.5.For the purposes of these Conditions, delivery will end when we deliver the Product to the Delivery Address.

6.6.We will deliver the Product to the Delivery Address subject to the following:

a)Where the Delivery Address has a central delivery area for post and parcels (such as, for example, a block of apartments/flats, or a workplace), we will deliver to that central area;

b)We will, if we feel that it is reasonable to do so, leave the Product at a nearby address (i.e. a neighbouring address). Please note, a signature is mandatory for the imail Print Service so it would be mandatory for the driver to obtain a signature.  A signature will constitute conclusive evidence against the Buyer that the Order was received by the Buyer free from any apparent defect or damage.

c)We are not obliged to deliver to the person named as the recipient in the contract. Delivery is completed when we arrive at the Delivery Address or a nearby address (if this applies).

d)We are not responsible where a person at the Delivery Address represents to us that they are authorised to accept delivery of the Product, or where there is no reasonable ground to suspect that the person has no authorisation to accept delivery. This is because we cannot be expected to know whether a person has authority or not.

6.7.You agree that our records will be definitive evidence of delivery of the Product.

6.8.You agree that time shall not be of the essence in relation to the delivery of the Product.

7.Assignment, Use of Agents and Sub-contracting

7.1.We may employ any person as our agent, sub-contractor or otherwise in the performance of any of our obligations under these Conditions. In particular, you recognise that we use other members of our group, or our franchisees and owner-drivers to convey any Orders that have processed under the imail Print Service.

7.2.These Conditions are personal to the Buyer and the Buyer may not assign or license any or all of the Buyer’s rights or obligations under it without the prior written consent of the Seller.

8.Exclusions and Limitations of Liability and Claims

8.1.The Buyer acknowledges and agrees that:

a)in the event of loss of or damage to any Product dealt with by us under these Conditions, we shall, subject to satisfactory proof of such Order having been accepted by the Seller and of the loss or damage, and subject to the remainder of this clause 8:

i)re-print the Product; or

ii) pay compensation to the Buyer in respect of the relevant Product which shall be limited to the price paid for the Product by the Buyer to the Seller.

b)if we agree to re-print the Product we require any faulty Product to be returned in full at the Buyer’s cost before agreeing to re-print. If the Product is not available for return we will assume that it has been accepted by you and no replacement will be provided.

c)we reserve the right to rectify defective work by re-printing first and shall not be liable to refund.

8.2.If you opt to have work re-done by a third party without reference to us, you automatically waive the right to any remedy from us.

8.3.The Seller’s maximum liability to the Buyer in relation to the total number of Products, that have been accepted by the Seller, in any one day (whether under clause 8.1 or other provision of these Conditions, in tort (including negligence or breach of statutory duty) or otherwise) is £1,000.

8.4.Except as provided in clause 8.1, we shall not be liable to you or to any other person (whether in contract, tort (including negligence or breach of statutory duty) or otherwise) for any loss of or damage to any Product dealt with by us under these Conditions or for any delay in delivery.

8.5.Notwithstanding clause 8.1, we shall not be liable to you for any loss or damage (whether in contract, tort (including negligence or breach of statutory duty) or otherwise) of any Product:

a)which occurs as a direct or indirect result of any failure by you to comply with these Conditions; or

b)for which we have not acknowledged acceptance; and

c)unless you notify us of a claim under clause 8.1 in writing within 28 days of the relevant date of acceptance by us.

8.6.We shall not be liable to you for loss of profit, revenue, business, goodwill and like loss (whether direct or indirect) or for any consequential or indirect losses.

8.7.We shall not be liable for any failure or delay in performance of our obligations (including for any loss or damage or failure to deliver or delay in delivery of a Product) due to any event beyond our reasonable control including an act of God, war, riot, civil commotion, terrorism, malicious damage or blockades, industrial disputes, compliance with any law or governmental order, rule, regulation or direction, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery or default of supplies (including fuel) or sub-contractors.

8.8.Nothing in these Conditions shall exclude or restrict either party’s liability for fraudulent misrepresentation or for death or personal injury caused by negligence.

8.9.The Buyer shall indemnify the Seller and keep the Seller indemnified against any liability, loss, claim, costs or expense (including legal expenses) suffered or reasonably incurred by the Seller (or its employees, agents or sub-contractors) as a result of any breach by the Buyer of any provision in these Conditions.

9.Risk of Title and Property

9.1.Risk of damage to or loss of the Product will pass to the Buyer upon delivery at the Delivery Address.

9.2.Notwithstanding delivery and the passing of the risk in the Product to the Buyer, property in the Product will not pass from the Seller to the Buyer until the Seller has received full payment of the charge and all other sums which are due, owing or payable by the Buyer to the Seller in respect of these Conditions or any other agreement between the Buyer and the Seller.

10.Data Protection

10.1.Any personal information that goes through the imail Print Service or any personal information that we get requested to process by you is legitimate.

11.Miscellaneous

11.1.In these Conditions (except where the context otherwise requires):

a)any reference to a clause is to the relevant clause of these Conditions;

b)the clause headings are included for convenience of reference only and shall not affect the interpretation of these Conditions;

c)use of the singular includes the plural and vice versa and use of any gender includes the other gender;

d)the words “include”, “including” and “in particular” shall be construed as being by way of illustration or emphasis and shall not limit or prejudice the generality of the foregoing words; and

e)reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified, or re-enacted.

11.2.We may vary these Conditions at any time.

11.3.The failure of the Seller to enforce or to exercise, at any time or for any period, any term of, or right arising pursuant to, these Conditions does not constitute, and shall not be construed as, a waiver of such a term or right and shall not affect the Seller’s right to enforce or exercise it at a later date.

11.4.These Conditions supersede any prior agreements and arrangements between the Seller and the Buyer, and constitutes the entire agreement between the Seller and the Buyer, relating to its subject matter. Neither party has relied upon or been induced to enter into these Conditions by any representation or statement other than as set out in these Conditions. No addition to or modification of these Conditions shall be effective unless it is in writing and signed by a duly authorised representative of both the Seller and the Buyer. Any Order that is electronically conveyed to the Seller is electronically conveyed under these Conditions to the exclusion of all other documents or terms that the Buyer attempts to apply, even if they are endorsed upon, delivered with or contained in any document that the Buyer delivers to the Seller.

11.5.These Conditions shall be subject to English law. The parties submit to the exclusive jurisdiction of the English Courts.

11.6.Nothing in these Conditions is intended to confer on any person any benefit or any right to enforce any term of it which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

11.7.Data Protection Act – the Buyer consents to and understands that for credit account applications, a credit search will take place using a credit reference agency. This information may also be shared with other UK Mail Limited subsidiaries.

11.8.Each and every term and/or condition contained in these Conditions shall be read separately and distinctly and the invalidity or unenforceability of any part of these Conditions shall not affect the validity or enforceability, of the remainder.