Terms and Conditions of Order
1. ApplicabilityThese general terms and conditions are applicable to all agreements and legal relationships between you and Avery concluded through the use of the website www.avery.co.uk/weprint.
2. Layout and contentYou are 100% responsible for the accuracy of your layouts. Please proofread all layouts and order information carefully prior to submitting your approval for your order. Avery reserves the right to refuse to print any material that Avery determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. Avery's fully automated production process does not allow any corrections or changes to your layout, after the order has been confirmed by pressing the "Pay Now" button. For more information refer to our FAQs.
3. ColourAvery will reproduce colour from submitted digital files as closely and accurately as possible, but cannot exactly match colour and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighbouring image ink requirements. Avery accepts no responsibility whatsoever for colour variations between submitted images and the actual artwork or product they represent. All colours contained within any RGB digital file will be converted to Avery's CMYK colour space. This may cause the RGB colours to visually change due to colour space differences. You should also note that your computer monitor’s calibration affects the colours displayed on your monitor’s screen. The colours on the printed products may differ from what you see displayed when viewing your layout via the online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not colour or density.
4. PaymentThe fees for Avery products and services, which include the cost of processing, printing, and shipping, are due and payable together with the submission of an order. Avery requires pre-payment on all orders. Any amount due to Avery, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible to reimburse Avery for all collection costs, legal fees and interest, arising out of or related to Customer’s non-payment. Avery remains the owner of the products until having received full payment for all fees due for the order you placed. Avery is required to collect tax on purchases placed by consumers. Business customers within the EU can provide their VAT number during creation of an account and, subject to its validation, will receive a VAT-free invoice. By entering the VAT number you confirm that you are entitled to receive a VAT-free invoice.
5. Refunds & CancellationWe use high standards of care in the handling your order. If you are not satisfied with any aspect of your order, please contact us directly so that we have the opportunity to fix any issues. As all products are made to your specific order, we are unable to take returns of non-defective products such as spelling, grammatical errors, or customer selected finish made during the design stage, or low quality images uploaded by our customers, once the order has been placed with Avery. Therefore, please double check the accuracy of your design prior to submitting your order.
6. Production Time & DeliveryEstimated delivery times are not guaranteed and depend upon the delivery service you select. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. Avery is not liable for damage caused by service carrier. In case you contact us, please have your order number (in the subject line of an email or on the outside of a package/envelope) ready to help us processing your request faster.
Avery WePrint delivers via a few selected carriers to all countries worldwide, with the exception of those countries to which deliveries are prohibited by applicable export laws and regulations. The standard delivery times are estimated 5 business days for shipments to European countries and 10 business days for shipments to non-European countries. Business days are defined as Monday-Friday (excluding public and bank holidays). Cut-off time is 1pm GMT. Orders placed after 1pm GMT will be treated as having been placed the next business day. The above delivery times are estimations and may vary. Avery does not guarantee delivery times. In case of damaged shipments please contact Avery within three days, either by phone (+44 (0)800 587 0878) or by email email@example.com
7. Infringement Indemnification and Warranty, Limitation of LiabilityYou agree to indemnify and hold Avery and its parent company, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your Product. You acknowledge and understand that copyrighted materials do not per se have to bear a copyright notice in order to be protected by law. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Avery.
The liability of Avery, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Avery for its products and services. In no event will Avery be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Avery. You hereby waive any Statute of Limitations to the contrary.
8. Ownership & Limited UseBy placing an order with Avery, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Avery and; (ii) are authorizing Avery to print such order on your behalf. Any images/graphics, text or other materials supplied to Avery by the customer will remain sole property of the customer and the copyright there under has not been assigned or transferred in any manner to Avery. But, any additional materials created by Avery in the production of an order, (including but not limited to: design layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of Avery. Digital files of an Avery assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. Digital files will NOT be sold or traded to any other party. Avery reserves the right to reprint and distribute your finished product as example of an Avery product for any and all promotional purposes. This promotional distribution may include but is not limited to Avery’s collateral marketing materials, website, affiliates’ websites, affiliate programs, catalogues of others, emails, and any other marketing in any medium that Avery may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to Avery at the following email address: firstname.lastname@example.org . Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed. Please note that we preserve the right to delete saved projects after 36 months.
9. MiscellaneousAvery's Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Avery. You hereby waive any Statute of Limitations to the contrary.
10. Disclaimer and Limitation of Damages(a) Avery is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,“ without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Avery makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Avery, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Avery reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. Neither Avery nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material accessed through or obtained by means of the Site.
(d) We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
11. IndemnificationYou agree to indemnify and hold Avery and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, of any intellectual property or other right of any person or entity.
12. Applicable LawsAvery operates the Site from its offices in United Kingdom and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Avery to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. and/or EU export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of England and Wales as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction solely in and any action brought in connection with the Site or Site content shall be brought before the applicable court in England or Wales. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Avery or any of its officers, employees, agents or representatives, such as where notice to Avery is required by contract, or any law, rules or regulations.
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