T&C

General Terms and Conditions of Fresco Print and frescoprint.co.uk

 

Article 1 – General

IF YOU ARE A CONSUMER, PLEASE PAY PARTICULAR ATTENTION TO ARTICLE 7, ARTICLE 22 AND SECTION B: ”Customer Information”

 

Article 2 – Definitions

For purposes of these general terms and conditions, the following terms shall have the meanings set out below.

  1. "Account": The Customer's online user account to which the Customer receives access after entering their e-mail address and password;
  2. "Business Customer ": Any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf;
  3. "Consumer": Any individual acting for purposes which are wholly or mainly outside that individual’s trade, business craft or profession;
  4. "Customer(s)": Either a Business Customer or Consumer who use the service of Fresco Print via Fresco Print;
  5. "Customised Products": Products, which are personalised in accordance with the Customer’s specification;
  6. "Guest login": Registration and approval for temporary use of Fresco Print restricted to the duration of one purchase order;
  7. "Order": The order for the Products made by the Customer forming the contract between the

Customer and Fresco Print;

  1. "Order Confirmation": An email sent out by Fresco Print to the Customer confirming Fresco Print’s acceptance of the relevant order in accordance with Article 6(5);
  2. "Paper proof": A digital print-out of the print-ready data converted for the print run, created according to the quality standards to DIN ISO 12647;
  3. "Password": A combination of figures and/or letters enabling the Customer to log in for the services on Fresco Print once registration is complete, in combination with the e-mail address; 11. "Printing Data": The data or information supplied by the Customer relating to the form of customisation or personalisation of print products.
  4. "Products": The print products or any other goods that are sold or made available by Fresco Print;
  5. "Registration": Initial registration and approval for use of Fresco Print;
  6. "Service": Performance by Fresco Print of all kinds, including provision of and supply of Products; 15. "Screen proof": Digital print preview of the print-ready data converted for the print run, giving a colour-close simulation of the subsequent print result;
  7. "Usual business hours". Monday to Friday 24 hours, Saturdays and Sundays 10:00 to 18:00 hrs (GMT);
  8. "Website": All the Internet sites on which Fresco Print offers its services, in particular the Internet sites accessible through Fresco Print.
  9. "Working days": Monday to Friday excluding UK public holidays;

 

Article 3 – Registration and guest login

With a guest login, the Customer can receive services from Fresco Print without registering permanently. For a guest login, the Customer enters an e-mail address that is valid for the entire duration of its purchase order. Subsequent guest logins will require the Customer data to be re-entered.

 

Article 4 – Communication with the Customer

Communication with the Customer is conducted mainly by e-mail. The Customer must therefore ensure that e-mails can be received. Customers must provide a valid e-mail address when or before any order is placed, and must inform Fresco Print immediately of any change to their e-mail address. Fresco Print is not responsible for Customers’ failure to receive communications from Fresco Print due to any change of settings to their e-mail software or their e-mail box that blocks the receipt of e-mails or results in e-mails not coming to their attention, e.g. because they have been consigned to a spam folder.

 

Article 5 – Credit Checks

Fresco Print shall be entitled to collect and pass information (including any personal information) to credit reference agencies for the purpose of verifying the customers’ creditworthiness and reporting any failure to pay sums due under the contract in accordance with the terms of the contract. Credit reference agencies may also keep a record of searches conducted against the Customer. By agreeing to these terms you consent to such credit checks.

 

Article 6 – Conclusion of contract

Business Customer makes a binding offer to Fresco Print, which cannot be withdrawn by the Business Customer, to purchase the Services set out in the order. The Business Customer is bound by the offer until the end of the third working day following the date of the offer.

 

Article 7 – Cancellation Rights - Notice of the Consumer’s right to cancel

Please note Article 7 only applies for Customers of Fresco Print that are Consumers in relation to the purchase of non-customised products from Fresco Print. If you have ordered any Customised

Products, the right to cancel does not apply to you. Please refer to Article 22 for further information.

(1) Right to cancel

Your legal right to cancel an Order starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order and which is the date on which the contract between us is formed), and the end date is the end of 14 calendar days after the day on which you receive the Products. If you have ordered multiple products or where the Products are delivered by instalments, the end date is 14 days after the day on which you receive the last instalment of the Products or the last of the separate Products ordered. This 14 day period is known as your "Cooling off" period. For example, if we provide you with an Order Confirmation on 1 July and you receive the order on 10 July, you may cancel the contract between us at any time between 1 July and the end of the day on 24 July.

You can use the cancellation notice form at the end of these terms and conditions to submit your request to cancel the Order ("Cancellation Request"). Alternatively, the Cancellation Request can be sent to us either in writing (e.g. by letter, fax or e-mail), or by returning the item to us (if the item has already been supplied to you). You do not need to provide us with any reason for the cancellation. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

 

You can address your Cancellation Request to: FBS Ltd t/a Fresco Print.

4 King Street

Spennymoor

Co. Durham DL16 6QG

e-mail: support@frescoprint.co.uk

 

(2) Consequences of cancellation We will:

  1. refund to you the full price you paid for the Products or, where only part of the Order is cancelled, a refund in relation to those affected Products only. We are permitted by law to reduce the refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.
  2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
  3. make the refund 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. We will refund you on the credit card or debit card used by you to pay.

Unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us.

In the event that you send us a Cancellation Request, you are to return the contents of the Order to us in full. Where only part of the Order is subject to a Cancellation Request, you are to return to us the relevant part.

You are required to take reasonable care of the Products whilst they are in your possession.

Advice about your legal right is available from your local Citizens' Advice Bureau or Trading Standards office.

 

Article 8 – Services of FBS Ltd t/a Fresco Print

(1) The description of the Services due from Fresco Print to the Customer is set out in the Order Confirmation and from any agreed amendments or supplements to the contract. Subject to any provision to the contrary in a particular case:

  1. any items ordered for offset printing shall be produced according to the standardisation for offset printing with process colours developed by the Forschungsinstitut der grafischen Industrie (FOGRA) jointly with the Bundesverband für Druck und Medien (bvdm), set out in DIN ISO 12647.
  2. The following tolerances will apply: 1 mm for waste, 1 mm for folding and 1 mm for binding.
  3. Minor colour variations may occur between sample and order and between orders.
  4. From time to time Fresco Print switches its own suppliers. The resulting minor variations of the products shall not be regarded as defects.

 

Article 9 – Printing Data

 

Article 10 – Checking of the printing data Fresco Print

 

Article 11 – Conversion, colour mode when using own printing data, colour mode when using free design printing data

 

Article 12 – Proofs

 

Article 13 – For non-customised products only: Product description

The relevant product descriptions shall be incorporated into the contract between Fresco Print and the Customer when the Order is concluded.

 

Article 14 – Prices

 

Article 15 – Invoicing and payment

Confirmation. If payment is not made when due, Fresco Print reserves the right to cancel the relevant order(s) and to claim Liquidated Damages in accordance with Article 22.

 

Article 16 – Production schedule and default in delivery

(1) All information given regarding deadlines or time limits for Fresco Print providing the service is indicative only. It does not signify binding or guaranteed delivery dates, unless a provision to the contrary has been agreed in writing with the Customer. If Fresco Print discovers when processing an Order that the Order cannot be delivered by the time indicated, the Customer shall be informed of this separately by e-mail. Production schedules are calculated in working days. [IF YOU ARE A

CONSUMER WE WILL DELIVER THE PRODUCTS TO YOU WITHIN [30 DAYS].]

 

Article 17 – Delivery and passage of risk

(1) If the customer is a Business Customer, the following provisions shall apply:

  1. Delivery will be completed, and the risk in the Products shall pass to the Customer on handover of the Product to the transport contractor (and in this regard, this shall be taken as the commencement of the loading process). This shall apply regardless of who bears the delivery costs, and even if the Products are transported by Fresco Print’s own employees. If delivery is delayed for reasons for which the Customer is responsible, risk shall pass to the Customer from the date on which Fresco Print has notified the Customer that the Products to be delivered are ready for dispatch.
  2. At the Customer's written request and expense, the consignment shall be insured against insurable losses by Fresco Print.
  3. If the Customer fails to take delivery of the Products, Fresco Print shall not be obliged to store the Products safely for the Customer, unless the delay is caused by a Force Majeure Event or breach by Fresco Print of its obligations and Fresco Print shall be entitled to destroy the delivery after checking that dispatch was properly effected, after notifying the Customer, and after expiry of a reasonable time limit for collection, without affecting Fresco Print’s claim for payment of the price for such Products.

Temporary storage shall be at the Customer's cost and risk.

  1. Storage costs after passage of risk shall be borne by the Customer. When items are stored by Fresco Print, the storage costs shall be 0.25% of the invoice amount of the Products to be stored per week or part thereof, subject to Fresco Print’s right to assert and substantiate higher or lower actual incurred storage costs.

 

Article 18 – Retention of title

  1. Fresco Print will retain title to and ownership of the Products until Fresco Print has received in full

the price of the Products in cash or cleared funds.

  1. Until title to and ownership of the Products has passed to Customer from Fresco Print, the Business Customer shall:
  2. hold the Products on a fiduciary basis as Fresco Print’s bailee;
  3. store the Products (at the Business Customer’s cost) separately from all other Products of the Business Customer or any third party in such a way that they remain readily identifiable as Fresco Print’s property;

Kingdom disclosed in writing to Fresco Print and grant an irrevocable licence to Fresco Print, its employees and agents to enter onto any premises where the Products are situated during normal business hours for the purpose of ensuring that Business Customer is complying with the provisions of this clause 18(2).

  1. c) The Business Customer may use or resell the Products before title and ownership has passed to it provided that:
  2. any sale shall be affected in the ordinary course of the Business Customer’s business at full market value;
  3. any such sale shall be a sale of Fresco Print’s property on Business Customer‘s own behalf and the

Business Customer shall deal as principal when making such a sale

  1. Save as contained in clause (c), Business Customer shall not sell, give, pledge, lend, hire, charge or otherwise dispose of the Products until the Business Customer has satisfied the conditions of clause (a).
  2. Fresco Print may, while it is the owner of the Products, (and without prejudice to any other rights it may have under or by virtue of these terms) demand the immediate return of the Products at any time and the Business Customer shall forthwith comply with such demand and bear the expenses of such return.
  3. If the Business Customer fails to return the Products demanded by Fresco Print pursuant to clause (e), the Business Customer shall grant an irrevocable licence to Fresco Print, its employees and agents to enter onto any premises where the Products are situated during normal business hours for the purpose of removing the Products (the cost of doing which shall be borne by the Business Customer) to sell or otherwise deal with the Products.
  4. Notwithstanding the provisions of this clause, Fresco Print may sue for the price of the Products.
  5. The Business Customer shall immediately notify Fresco Print in writing if anyone threatens to issue any form of insolvency proceedings against the Business Customer or seeks to appoint a receiver, an administrator, an administrative receiver or manager over any of the Business Customer’s property, and shall notify Fresco Print in writing before initiating any such proceedings or entering into any voluntary arrangement or composition with its creditors.
  6. Fresco Print shall be entitled to assign and transfer all or any of its rights title and interest in any agreement between the Business Customer and Fresco Print, the Products and all sums due to it in respect of the Products and shall notify the Business Customer of each such assignment.
  7. Until full payment is made, the Business Customer will take all necessary measures for the protection of the Products including their insurance against all usual risks with an insurance company approved by Fresco Print for the full replacement value of the Products. The Business Customer will procure that the interest of Fresco Print is noted upon any such insurance policy and that a copy of the policy is supplied to Fresco Print on its creation.
  8. If any part of this clause is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair:
  9. i) the legality, validity or enforceability in that jurisdiction of any other part of this agreement; or ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other part of this agreement

 

Article 19 – Offsetting and assignment

 

Article – 20 Warranty

(1) Where the customer is a Business Customer:

  1. a) Fresco Print warrants that on delivery and for a period of 3 months from delivery, the Products shall: i) be free from material defects
  2. ii) comply with the description set out in the Order Confirmation. However, this warranty does not apply in the circumstances described in clause (b);
  3. b) The warranty in clause (a) does not apply to any defect in the Products arising from: i) fair wear and tear;
  4. wilful damage, abnormal storage or working conditions, accident, negligence by the Customer or by any third party;
  1. v) any specification or instructions provided by the Customer, including the Printing Data.
  2. c) Where the Customer is a Business Customer, and there is a breach of the above warranty , if:
  3. i) the Customer gives notice in writing to Fresco Print during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause (a); ii) the Customer (if asked to do so by Fresco Print) returns such Goods to the Fresco Print 's place of business at the Customer’s cost, and

iii) Fresco Print is given a reasonable opportunity of examining such Products;

  1. Fresco Print will, if it is satisfied that there is such a breach, at its option, repair or replace the defective Goods, or refund the price of the defective Products in full, together with reasonable delivery costs incurred by the Customer.
  2. Fresco Print’s compliance with this clause (c) will be the Customer’s exclusive remedy for breach of the warranty in clause (a).

(2) IF THE CUSTOMER IS A CONSUMER, THE CUSTOMER HAS LEGAL RIGHTS IN RELATION TO PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED.

 

Article 21 – Liability

(1) If the customer is a Business Customer:

  1. a) Fresco Print only supplies the Products for internal use by the Customer’s business, and the Customer agrees not to use the Products for any re-sale purposes. b) nothing in these terms limit or exclude Fresco Print’s liability for:
  2. i) death or personal injury caused by our negligence; ii) fraud or fraudulent misrepresentation;

iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or iv) defective products under the Consumer Protection Act 1987.

  1. Subject to clause (1) (b) Fresco Print will under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: i) any loss of profits, sales, business, or revenue; ii) loss or corruption of data, information or software; iii) loss of business opportunity; iv) loss of anticipated savings; v) loss of goodwill; or vi) any indirect or consequential loss.
  2. Subject to clause (1)(b) and (c), Fresco Print’s total liability to the 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 an amount equal to the price of the Services.
  3. Except as expressly stated in these terms, Fresco Print does not give any representation, warranties or undertakings in relation to the Services (including 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, Fresco Print will not be responsible for ensuring that any Products are suitable for the Customer’s purposes.

(2) IF THE CUSTOMER IS A CONSUMER:

  1. if Fresco Print fail to comply with these Terms, Fresco Print is responsible for loss or damage the Customer suffers that is a foreseeable result of Fresco Print’s breach of these Terms or our negligence, but Fresco Print is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Fresco Print’s breach or if they were contemplated by the Customer and Fresco Print at the time they entered into the Contract.
  2. Fresco Print only supplies the Products for domestic and private use. The Customer agrees not to use the Product for any commercial, business or re-sale purposes, and Fresco Print have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. Fresco Print does not in any way exclude or limit its liability for:
  4. death or personal injury caused by Fresco Print’s negligence;
  5. fraud or fraudulent misrepresentation;
  1. 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
  2. defective products under the Consumer Protection Act 1987.

 

Article 22 – Compensation for cancelled or terminated orders related to Customised Products

(1) if an order is cancelled or terminated by either party for any reason whatsoever (other than due to be default or Fresco Print) then the Customer will pay the following compensation to Fresco Print:

  1. if the order of a customised product is terminated before the point at which Fresco Print sets the order on the printing plate (“Pooling”)

Net Order Value (order price including VAT        Compensation but excluding delivery costs)   (GBP)

Up to GBP 20   GBP 4 GBP 20,01 to GBP 425 GBP 12

GBP 425.01 and greater                                 GBP 20

  1. if the order is terminated after Pooling, the full Net Order Value.

(2) The customer agrees that compensation payable under this Article 22 is fair and reasonable and represents a genuine pre-estimate of the costs that Fresco Print will incur in the event of a cancellation or termination of an order.

 

Article 23 – Ownership of print media, archiving, copyright

 

Article 24 – Confidentiality

The parties may not make available to any third-party business or trade secrets or other confidential information arising from the business relationship or provided to the other party. This prohibition shall remain in force after termination of the contract.

 

Article 25 – Concluding provisions

This agreement and any other documents or materials referred to (including Section B) will be governed by the laws of England and Wales. Where the Customer is a Business Customer, the courts of England and Wales will have exclusive jurisdiction in relation to any disputes arising out of this contract.

 

Customer information

Set out below is information on circumstances relating to the formation of a contract and its implementation on the basis of purchase orders and their execution.

The information set out forms part of our contract with you. The terms of this are contained in the General Terms and Conditions for the Production of Printed Material (GTC). You will receive another copy of the Customer information and GTC again by e-mail after you place your Purchase Order, in the form of an attachment in .pdf format with the Order Confirmation.

This information is thus available to you offline at any time after conclusion of contract.

 

Information on the Vendor

The vendor of products on Fresco Print is 

FBS Ltd t/a Fresco Print

4 King Street,

Spennymoor,

Co. Durham, DL16 6QG

Commercial Register: England & Wales, Company No. 11387617

VAT number: GB 298 1380 68

 

E-mail: support@frescoprint.co.uk Internet: www.frescoprint.co.uk

Information on the right of to cancel

Fresco Print sells personalised printed material produced to Customer specification. There is therefore no right to cancel an order in relation to any Customised Products.

 

III. Information on warranty rights

For details on warranty, please refer to the GTCs. The Products must be inspected for manifest defects immediately after delivery. Any such defects must be reported immediately to Fresco Print; an e-mail to support@frescoprint.co.uk is sufficient for this purpose. No guarantees over and above the obligations as to quality required by law are provided in respect of the Products or services supplied.

 

Other information on the contract General terms and conditions

The current version of our GTC shall apply.

 

Product description

You can view and print out a product description using the "View flyer" button for the product you have specified. The prices are also shown individually for the product selected. You can print out an indicative quotation using the "Print quotation" button.

 

Payment, performance, delivery

You can define the arrangements for payment, delivery and performance yourself, by selecting the type of payment and type of shipping.

If you opt for the automatic debit transfer procedure, then specifically for the direct debit procedure, you must print out the bank direct debit mandate page, complete and sign it, and send the original back to us. No Products will be shipped until we have the original of the completed form with your signature.

The date for delivery stated in the quotation or in the order confirmation relate reflects our then current workload. It is an indicative delivery date that is not binding. We deliver only within the UK.

 

Contract conclusion process

The contract between you and Fresco Print is formed by you designing a product to your requirements on the Website and sending a purchase order to us (after carefully checking your order). If you notice any errors, you have the option of changing the design back when you complete your order. This is expressly pointed out to you when you confirm the purchase order by clicking on the "Complete Purchase Order" button.

Our receipt of the purchase order will be confirmed to you immediately after you send it. However, the contract is not concluded until we accept the purchase order and send you confirmation of order by email.

If a special format ordered is technically not feasible to print, Fresco Print can decline acceptance of your offer, and submit a counteroffer with a technically feasible version of your purchase order. In this event, the contract shall be concluded only on acceptance of our counteroffer. You may decline this counteroffer in which case your order will be cancelled, and you will receive a refund of any price paid in advance.

 

VI. Information on accessibility of the contractual provisions

We store your order information and personal data for purposes of contract processing. Information on all matters relating to the formation of the contract and its implementation, your order data stored by us, and a copy of our general terms and conditions will be sent to you again by e-mail with your order confirmation. You can save this e-mail on your computer to have the data available at any time. You can also view your order details and your personal data by logging into our Customer area at any time.

 

VII. Information on your data

We use the personal data you give for purposes of ordering the Products (e.g. name, address, payment data) only to perform and process the contract. When the order has been placed, it is processed through our parent company, Fresh Business Solutions Ltd, 4 King Street, Spennymoor, DL16 6QG, incorporated and registered in England & Wales (11387617), and we therefore forward the details provided during order placement to Fresh Business Solutions Ltd for this purpose. Your address and contact information will be shared with any courier company we use to deliver the Products to you. We may also provide information about you to credit references agencies (see Article 5 of the GTC). If you do not wish to be informed in future about new products and other innovations in our product range, you can specify this during registration or when you change your Customer profile. You also have the opportunity to access the information we hold about you, amend it or have it deleted. This entails no additional cost beyond what your provider charges for sending the e-mail. As a data subject under the Data Protection Act 1998, you have a right to object to your data being used or transmitted for advertising purposes (block indicator). There is also a right of disclosure, and under certain circumstances a right to amend, block and delete your details stored in one of our files.

 

If you have any questions about data protection, please contact our Data Protection Officer Mr Callum Tingle.

 

FBS Ltd t/a Fresco Print

4 King Street,

Spennymoor, Co. Durham, DL16 6QG

E-mail: support@frescoprint.co.uk

 

VIII. Storing this customer information

You can store this Customer information permanently and view the file offline at any time. To open the file, you only need software that can read text files.

 

Consent to the General Terms and Conditions

I have read and understood the General Terms and Conditions, and consent to their application.

 

Last amended: 14, August 2019

 

 

 

Cancellation form

Fresco Print

4 King Street,

Spennymoor, Co. Durham, DL16 6QG

support@frescoprint.co.uk

 

I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following goods/for the supply of the following service [*],

 

(Order details:)

 

 

Ordered on/Received on[*]:

 

 

Name of consumer(s):

 

 

Address of consumer(s):

 

 

Signature of consumers

 

 

(only if this form is notified on paper)

 

 

Date:

 

 

 

[*] Delete as appropriate

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