This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) and /or services (Services) listed on or available via our website www.motaprint.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products or Services from our site. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1.Information About Us
www.motaprint.co.uk is a site operated by The Receipt Book Company Ltd.
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
3. How The Contract Is Formed Between You And Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by issuing an e-mail confirmation or (if earlier) we deliver the Products and/or Services to you (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
3.2 The Contract will relate only to those Products and/or Services that we have confirmed we will supply in the Confirmation. We will not be obliged to supply any other Products and/or Services which may have been part of your order until it has been confirmed in a separate Confirmation or those Products and/or Services are delivered to you.
We may provide links on our site to the websites of other companies, whether affiliated with us or not and we also act as resellers of third party products. We cannot give any undertaking, that third party products you purchase through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality or fit for purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party.
5.1 Subject to clause 5.3, we offer a satisfaction guarantee to all of our customers which allows you to cancel a Contract if you are not satisfied with the order at any time within 30 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products. This guarantee excludes our Design Services and Embroidered Clothing (which will require proof-approval before fulfilling the order).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any Products which have been personalised or which have otherwise been made to your specification.
5.4 Once you have notified us that you are cancelling your Contract, any sum debited to us will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
6. Availability And Delivery
6.1 In the event that a Product or Service is not available, for whatever reason, we will contact you to explain options including explaining if/when the product ordered will be back in stock and suggesting suitable alternatives. We will refund you any monies that you have pre-paid in respect of those Products or Services less any reasonable expenses we may have reasonably incurred.
6.2 The Seller shall not be liable for failure to supply any goods advertised and ordered by the Buyer.
6.3 Delivery times will differ depending on the Product ordered.
6.4 Delivery will be made within a reasonable time of the date of the Confirmation.
6.5 Should expedited delivery be agreed, we shall be entitled to make an extra charge to cover any additional costs.
6.6 If we deliver to you a quantity of Products of up to 5% more or less than you have ordered, you shall not be entitled to reject the Products or any of them by reason of surplus or shortfall and shall pay for such Products at the pro rata price.
7. Price and Payment
7.1 The price of any Products and Services will be as quoted on our site from time to time, except where we have provided you with a separate quotation or in cases of obvious error.
7.2 These prices are for the quantities indicated and are exclusive of VAT, delivery costs and any other chargeable options, which will be added to the total amount due.
7.3 The price of our Products and Services may change from time to time and we are under no obligation to notify you of such changes. If we have provided you with a separate quotation it shall be valid for 28 days from its date.
7.4 All orders made via our site must be paid prior to delivery. Therefore, risk and title to the Products will pass from the time of delivery.
7.5 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 us to pay you an amount equal to such deduction.
7.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
7.7 Should you suspend or delay any Contract, we shall be entitled to charge for loss or wastage of resources that cannot otherwise be used.
7.8 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. 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 contact you and advise you of the change before proceeding with the order.
7.9 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have contacted you, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.10 Prior to the opening of a new business account, we reserve the right to undertake a credit check of you with a credit reference agency and by submitting an order you are consenting to us using your information to carry out such checks. We shall not be liable for any delay in the processing of an order and delivery of the goods caused by the credit check.
7.11 We shall be entitled to suspend any and all deliveries until payment for all earlier Contracts has been made.
8. Artwork /Materials
8.1 Artwork and Electronic Files
8.1.1 It is your responsibility to maintain a copy of any original electronic file and digital content you provide to us.
8.1.2 We shall not be responsible for checking the accuracy of supplied input from an electronic file or digital content unless otherwise agreed in writing.
8.1.3 You hereby licence us to use, copy, edit and otherwise manipulate any artwork, electronic files and digital content it may supply to the extent necessary to enable us to perform its obligations pursuant to the Contract.
8.2 Other Materials
8.2.1 Subject to clause 8.2.2, other materials supplied to us by you shall remain your exclusive property.
8.2.2 Unless otherwise agreed in writing, any artwork, copy and other creative works created by us in the provision of any Services or otherwise (and any intellectual property rights therein) shall belong to us and in order to protect our rights, we reserve the right to replace any materials provided by you with new materials of a similar or better quality.
8.2.3 To the extent that we have been engaged to create a logo for you or artwork for your stationery we shall grant you a royalty free non-exclusive licence to use the final version of the logo and artwork in your business but, for the avoidance of doubt, we reserve the right to use and licence stock design elements in any such logo and artwork to other customers.
8.2.4 We may reject any materials supplied or specified by you which appear to be unsuitable for the purpose intended. For the avoidance of doubt, the Buyer shall be liable for any costs that the Seller may have reasonably incurred prior to any such rejection.
8.3 Representations and Warranties
8.3.1 You hereby represent and warrant that:
a. any artwork, electronic files, digital content that you provide to us (together the “Materials”) are accurate and free from error;
b. the Materials and their content are not in any way offensive, illegal or libellous in nature;
c. the electronic files and digital content are free from viruses and any other malicious code; and
d. we have the legal right to use, copy, edit and otherwise manipulate the Materials, including for the avoidance of doubt, the right licence you to use, copy, edit and otherwise manipulate the Materials to the extent necessary to enable you to perform your obligations pursuant to the Contract.
8.3.2 You shall indemnify us 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) we may incur as a result of any breach by you of the warranty in clause 8.3.1.
8.3.3 You acknowledge and agree that:
a. any artwork, copy or other creative works that we create in the provision of any Services or otherwise during the course of the Contract (and any intellectual property rights therein) shall belong to us and, to the extent that such rights to not vest in us by operation of law, you hereby assign all such rights by present assignment of future rights; and
b. subject to any limited licence that may be granted pursuant to clause 8.2.3, all intellectual property rights including, without limitation, copyright in the Products belong to us or our licensors and all such rights are reserved and, for the avoidance of doubt, no licence is granted to you directly or indirectly under such intellectual property rights.
8.3.4 We reserve the right to reject any Material sent by you which we consider to be offensive, of an illegal or libellous nature or which we suspect infringes third party rights. For the avoidance of doubt, you shall be liable for any costs that we may have reasonably incurred prior to any such rejection.
9. Proofs and Variations
9.1 Where requested initial proofs shall be provided free of charge. However, we reserve the right to impose charges in the future and, in any event, any alterations and additional proofs requested by you shall be charged extra unless any alterations are required due to an error resulting solely from our act or omission. For the avoidance of doubt, if style, type or layout is left to our judgement, changes to those aspects made by you shall be charged extra.
9.2 Where you specifically waive any requirement to examine proofs we shall have no liability for any errors in the finished Products.
9.3 In relation to colour proofs; due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
10. Reliance on Skill and Judgment
10.1 The Buyer hereby acknowledges that it is relying on its own skill and judgment in determining the suitability of the Products for any particular purpose. The Seller gives no assurances as to suitability of Products. The buyer is alone responsible for ensuring that the Products are sufficient and suitable for its purpose save only in so far as a person authorised to sign on the Seller’s behalf has expressly agreed in writing that the Buyer may rely on its advice.
10.2 The Seller warrants that the Products and/or Services it provides shall be in accordance with any specification agreed in writing between it and the Buyer and, subject to clause 10.4, that the Products and results of any Services shall be of satisfactory quality but are not sold as fit for any particular purpose unless specifically agreed in writing by the Seller.
10.3 The Seller warrants that it will use reasonable care in performing the Services.
10.4 The Seller shall have no liability to the extent that any error, defect or unsatisfactory performance results wholly or in part from any delay in the Buyer supplying any necessary Materials or any failure to supply the correct Materials or any defects in Materials supplied.
11. Our Liability
11.1 If the Products we deliver are not what you ordered or are damaged or defective or unsatisfactory or the delivery is of an incorrect quantity where the variation is more or less than 5% of the amount ordered, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the Products in question.
11.2 If you notify a problem to us under this clause 11.1, our only obligation will be, at your option:
11.2.1 to make good any shortage or non-delivery;
11.2.2 to replace or repair any Products that are damaged or defective; or
11.2.3 to refund to you the amount paid by you for the Products in question in whatever way we choose.
11.3 If any part of the Services are performed negligently or in breach of these terms and conditions we shall have no liability unless you notify us in writing of the problem within 10 days of the completion of the Services in question.
11.4 If you notify us of the problem pursuant to clause 11.3, our only obligation will be, at your option:
11.4.1 to re-perform the relevant part of the Services; or
11.4.2 to refund you the amount paid by you for the Services in question in whatever way we choose.
11.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this clause 11 and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products or Services.
11.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our site. The importation or exportation of certain of our Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
11.7 This does not include or limit in any way our liability:
11.7.1 for death or personal injury caused by our negligence;
11.7.2 under section 2(3) of the Consumer Protection Act 1987;
11.7.3 for fraud or fraudulent misrepresentation; or
11.7.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.8 For the avoidance of doubt, we shall have no liability in respect of any Products that have been manufactured or created by a third party. The third party’s individual liability will be governed by its terms and conditions.
Without prejudice to other remedies, if you undergo an Insolvency Event our obligations in respect of any outstanding Contracts shall cease immediately and we shall be entitled to charge for work already carried out (whether completed or not) and materials purchased in respect of those Contracts. Any sums outstanding from you shall become immediately due for payment.
13. General Lien
Without prejudice to other remedies, in respect of all unpaid debts due from you, we shall have a general lien on all goods and property of or provided by you in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as your agent in such manner and at such price as we think fit and to apply the proceeds towards such debts, and shall when accounting to you for any balance remaining be discharged from all liability in respect of such goods or property.
14. Written Communications
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 e-mail. 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.
16. Transfer Of Rights And Obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 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.
16.3 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.
17. Events Outside Our Control
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
18.1 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.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
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.
20. Entire Agreement
21. Our Right To Vary These Terms And Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law And Jurisdiction
Contracts for the purchase of Products and Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.