These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. 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, are only in the English language.
The following provisions constitute the standard terms and conditions of Xerographic International Limited (registered in England and Wales under company number 06969559), which will apply to all agreements for the supply of goods.
The customer's attention is drawn in particular to the provisions of clause 9.
1. INFORMATION ABOUT US
1.1 We operate the website https://www.xerographic.co.uk. We are XEROGRAPHIC INTERNATIONAL LIMITED, a company registered in England and Wales under company number 06969559 and with our registered office at 40-42 High Street, Maldon, Essex, CM9 5PN. Our main trading address is Unit 7, Sandon Lodge Farm, Sandon, Woodhill Road, Chelmsford, Essex, CM2 7SG (“our Place of Business”). Our VAT number is GB 980672393.
1.2 To contact us, please see our Contact Us page.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed by updating these Terms on our website and state that these Terms have been amended at the relevant date at the top of the site page.
9. OUR CANCELLATION AND REFUND POLICY
This clause 9 applies to all of our customers. If you are a consumer then this does not affect your legal rights set out in clause 10.
9.1 You may return most new, unopened items within 5 working days of delivery for a refund, less postage. We will also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). If the Products were ordered in your error, then we reserve the right to retain a 15% re-stocking fee.
9.2 We will provide you with a refund within four weeks of you giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
9.3 If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We will notify you via e-mail of your refund once we have received and processed the returned item.
10. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 10 only applies if you are a consumer.
10.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day following the day on which you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
10.3 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to XEROGRAPHIC INTERNATIONAL LIMITED at our Place of Business set out in clause 1.1. You may wish to keep a copy of your cancellation notification for your own records. Please note that such notice will be deemed received and properly served immediately when personally delivered to our Place of Business, on the business day after the posting of a letter, and on the day on which an e-mail is sent.
10.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within four weeks of the day on which you gave us notice of cancellation as described in clause 10.5. If you returned the Products to us because they were faulty or mis-described, please see clause 10.6.
10.5 If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.6 We refund you on the credit card or debit card or by the means used by you to pay.
10.7 If the Products were delivered to you:
(a) you must (if asked to do so by the Supplier) return the Products to the Supplier's Place of Business at your cost as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 10.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
10.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
10.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control set out in clause 19. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you gave us.
11.3 If no one is available at your address to take delivery, we will leave you a note that the Products could not be delivered, in which case, please contact us to rearrange delivery.
11.4 The Products will be your responsibility from the completion of delivery.
11.5 You own the Products once we have received payment in full, including all applicable delivery charges.
12. INTERNATIONAL DELIVERY
12.1 We can ship to most addresses worldwide but cannot guarantee to deliver to any address worldwide. The Customer is responsible for ascertaining whether the Supplier is able to deliver to the intended delivery address by contacting the Supplier (contact us). Note that there are restrictions on some products, and some products cannot be shipped to international destinations.
12.2 If you order Products from our site for delivery to outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products 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 13.6 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
13.3 The price of a Product includes VAT at the applicable current rate chargeable in the UK 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.
13.4 Delivery charges are as quoted on our site from time to time. To check relevant delivery charges, When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page of the purchase process.
13.5 Shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full gram.
13.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
14. HOW TO PAY
14.1 If you are purchasing online you can pay for Products using a bank deposit, cheque, credit card or through PayPal. We accept the following cards: American Express, Diner’s Club, Discover, JCB, Laser, Maestro, Mastercard, Solo, Switch/Maestro UK and Visa. Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we dispatch your order.
15. MANUFACTURER GUARANTEES
15.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
15.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. OUR WARRANTY FOR THE PRODUCTS
16.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 3 months from delivery, the Products shall conform in all material respects with their description and be free from material defects in design, material and workmanship. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from the following circumstances:
(a) You make any further use of such Products after giving notice in accordance with clause 10.3;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(c) you alter or repair such Products without the written consent of the Supplier;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.
17.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.2 Subject to clause 17.1, 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.
17.3 Subject to clause 17.1 and clause 17.2 , 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 Products.
17.4 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.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 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.
18.3 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;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
19. EVENT OUTSIDE OUR CONTROL
19.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by an Event Outside Our Control. An Event Outside Our Control means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes, failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
19.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20. COMMUNICATIONS BETWEEN US
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Xerographic International Limited at our Place of Business set out in clause 1.1 above or to firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 10, please see that clause 10 for how to tell us this.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21. OTHER IMPORTANT TERMS
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.4 Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any provision (or part of any provision) is unlawful or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and the remaining provisions will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
21.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.