Mr Ink Limited - Terms and Conditions of the Webstore

 

Use by users (“you”/“your”) of www.mrinkltd.com and/or (“the Site”) constitutes acceptance by you of the following terms of use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to all of these terms of use, you may not use the Site.

 

Credit Accounts can be applied for online, please see our home page. Our terms are 30 days net. If you would like to discuss any of the above further please call us on 01274 393936 9.00 to 5.30pm Monday to Friday. We will be more than happy to help.

 

These terms of use relate to your use of the Site. Please see our separate terms of sale relating to the sale of our goods.

 

1. Copyright and Trademarks

 

The Site is owned and operated by Mr Ink Limited (“us”/“our”/“we”) and the information and materials appearing on the Site ("the Content") are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property or that of our suppliers and is protected by international copyright laws. ALL RIGHTS RESERVED.

 

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to the Permissions Department at the address set out at clause 4 below.

 

All trademarks, service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners.

 

We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us via e-mail at sales@mrinkltd.co.uk

 

2. Liability disclaimer

 

While we endeavour to ensure that the information on the site is correct, to the maximum extent permitted by law, we provide you with the site on an ‘as is’ basis only. You accept that access to the site may be suspended at any time and without notice in the case of systems failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.

 

We make no representation or warranties of any kind, express or implied, as to the operation of the site or the information, reliability, completeness or timeliness of the content or services available on the site or that the use of the site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the site is at your own risk.

 

Further, any other party (whether or not involved in creating, producing, maintaining or delivering the site, including the officers, employees, suppliers, consultants, agents or franchisees) excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without negligence) contract, warranty or otherwise in connection with the site in any way or in connection with the use, inability to use or the results of use of the site, any websites linked to the site or the content on the site, including but not limited to loss or damage due to viruses (including logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software data or other property on account of your access to, use of, or browsing of the site or your downloading of any content from the site or any websites linked to the site. Further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage.

 

Nothing in this legal notice shall exclude or limit our (including our employees or agents) liability for:-

 

(a) death, personal injury or fraud caused by negligence (as such term is defined by the unfair contract terms act 1977); or

 

(b) misprepresentation as to a fundamental matter; or

 

(c) any liability which cannot be excluded or limited under applicable law, including:-

 

(a) conditions and warranties implied by section 12 of the sale of goods act 1979 and where the customer deals as a consumer; or

 

(b) conditions implied by sections 13 to 15 inclusive of the sale of goods act 1979 and by sections 3 and 4 of the supply of goods and services act 1982.

 

This legal notice does not affect your statutory rights as a consumer.

 

3. Your account

 

If you have an account with us from time to time then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.

 

Other than personally identifiable information about you, which is covered under the terms of our privacy policy any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and designated third parties shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any material:

 

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which make cause annoyance or inconvenience; or

 

(b) for which you have not obtained all necessary licences and/or approvals; or

 

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other Country in the world; or

 

(d) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or

 

(e) which facilitates your misuse of the Site (including, without limitation, hacking)

 

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

 

4. Advertisements

 

The Site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.

 

5. Indemnity

 

You agree to indemnify and hold us, our officers, employees, suppliers, consultants, and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal, accounting and other professional fees, resulting from or alleged to result from, your use of the Content of the Site in a manner that violates, or is alleged to violate, these terms of use. We shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably co-operate with you, at your expense, in your defence of any such claim.

 

6. Force Majeure

 

We will not be liable for any delay or failure in performance or interruption of the delivery of the Contents of the Site resulting directly or indirectly from any cause or circumstances beyond our reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.

 

7. Severability and Waiver

 

If any provision of these terms of use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect.

 

No waiver of any of these terms of use shall be deemed a further or continuing waiver of such term or any other term.

 

8. Access outside England

 

We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the Internet, you agree to comply with all local rules regarding on line conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Country in which you reside.

 

9. Jurisdiction

 

Unless otherwise agreed in writing by us, these terms of use are governed by, and construed in accordance with English Law and you irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms of use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts.

 

10. No Joint Venture, Partnership, Employment or Agency

 

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of the Site and therefore your acceptance of these terms of use.

 

11. Changes to these terms of use

 

We reserve the right at our sole discretion to add to or change these terms of use. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

 

13. User information

 

We do collect information on what pages are accessed or visited by you and information volunteered by you, such as survey information and/or any site registrations. We use this information for internal review, in order to improve the content of the Site and to notify you about updates to the Site.

 

If you do not wish to receive e-mail from us in the future, or if you wish to be removed from our mailing lists, please let us know by sending an e-mail to sales@mrinkltd.com or writing to Mr Ink Limited, 220 Manningham Lane, Bradford, BD8 7DT.

 

Without prejudice to the above, we shall at all times process your information obtained via your access and use of the Site in accordance with our privacy policy.

 

14. Our contact details

 

If you have any questions about these terms of use and/or the Site and/or us generally, please contact us by sending an e-mail to sales@mrinkltd.com or writing Mr Ink Limited, 220 Manningham Lane, Bradford, BD8 7DT.

 

Mr Ink Limited -  WEBSITE TERMS OF SALE

 

Security and confidentiality

 

Mr Ink Limited safeguards the security of the data you send us with physical, electronic, and managerial procedures. Mr Ink Ltd uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required.

 

Any information you provide will be held securely and in accordance with the Data Protection Act. Your personal details will not be sold or traded to third parties. In some circumstances however we may need to disclose your personal details to a third party so that they can provide a service you have requested, or fulfil a request for information. Any information about you that we pass to a third party will be held securely by that party, in accordance with the Data Protection Act, and used only to provide the services or information you have requested.

 

Terms and Conditions

 

1. Definitions

 

1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller.

 

1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

 

1.3 'Delivery Date' means the date specified by the Seller when the goods are to be delivered.

 

1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller.

 

1.5 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT.

 

1.6 'Seller' means Mr Ink Limited.

 

2. Conditions applicable

 

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

 

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

 

2.3 Confirmation of order shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

 

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. No other agent or representative of the Seller has any authority to vary or omit these conditions in whole or in part.

 

3. The Price and payment

 

3.1 Unless a specific alternative price is agreed prior to order the Price of the Goods shall be the price stipulated in the Seller's published price list current at the date of order. The Price is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice.

 

3.2 Full payment shall be made upon confirmation of order. Time for payment shall be of the essence. No goods will be shipped without prior payment. Unless you have been approved a credit account, payment then is 30 days from the date of invoice.

 

3.3 Further miscellaneous provisions:

 

3.3:1 Orders less than £40 may be subject to a delivery charge of £7.99 at our discretion.

 

3.3:2 All purchases must be made in pack sizes as published.

 

4. The Goods / Warranties and liability

 

4.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

 

4.2 Notwithstanding clause 4.1 all drawings specifications product finishes and colour shades in the Sellers catalogue, literature, advertisements and web site are approximate and do not constitute a trade description.

 

4.3 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

 

4.4 All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Seller's specification) relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.

 

4.5 Subject to clause 4.4 the Sellers liability to the Buyer shall not in any event exceed the Price and further the Seller shall not be liable for any indirect or consequential loss suffered by the Buyer.

 

4.6 All goods supplied carries manufacturer's warranties.

 

5. Delivery of the Goods

 

5.1 Delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

 

5.2 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

 

5.3 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery.

 

5.4 The Seller may deliver the Goods by separate instalments.

 

6. Acceptance of the Goods

 

6.1 The Buyer shall be deemed to have accepted Goods 72 hours after delivery to the Buyer.

 

6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

 

6.3 No claims for shortages or picking errors will be accepted unless notified within 72 hours and received in writing within 5 days quoting the delivery note and order reference.

 

6.4 Claims in respect of non-delivery shall be made in writing within 7 days of receipt of invoice to which they relate failing which delivery will be deemed.

 

6.5 Damage to any of the Goods must be notified in writing to the Seller within 72 hours of delivery. Any goods rejected by the Buyer as damaged must be retained in the original packaging and made available for inspection by the Seller or its authorised agent. Either replacement goods will be issued or a full refund for damaged items will be if item no longer required after satisfactory inspection.

 

7. Return of Goods / Cancellation

 

7.1 Save as agreed by the Seller in writing and in its own absolute discretion no Goods shall be accepted for return.

 

7.2 In the event of acceptance for return a handling charge of 20% of the Price shall be made if return notified, is older than 5 days from the date of delivery.

 

7.3 Returned items will only be accepted with the correct authorised returns number for that item. No credit will be given for items returned with no authorised returns number or included with another return.

 

7.4 Risk in the Goods to be returned shall remain with the Buyer until received or collected by the Seller.

 

7.5 With the consent of the Seller and subject to 5 days notice prior to the Delivery Date orders for goods (other than customized goods and specials) may be cancelled or deferred but the Seller reserves the right to charge for any exceptional costs it incurs as a result of such cancellation.

 

7.6 The Seller may cancel this contract at any time before the Goods are delivered by giving written notice.

 

7.7 The Seller shall promptly repay to the Buyer any sums paid in respect of the Price of cancelled goods plus VAT at the rate ruling at the time. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

 

7.8 The seller shall promptly repay to the buyer any sums paid in respect of the price for returned goods plus VAT at the rate ruling at the time subject to the returned goods being in a satisfactory resalable condition together with original undamaged packaging.

 

8. Remedies of Buyer

 

8.1 Where the Buyer validly rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

 

8.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

 

8.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

 

9. Miscellaneous

 

9.1 Any notice required to be served pursuant to this contract of sale shall be in writing and served by first class post or by hand on the Seller at Mr Ink Limited, 220 Manningham Lane, Bradford, BD8 7DT or such other address as the Seller may from time to time notify to the Buyer and on the Buyer at the Buyer's registered office or principal place of business.

 

9.2 The Seller may licence or sub-contract all or any part of its rights and obligations under this contract without the Buyer's consent.

 

9.3 Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

 

10. Proper law of contract

 

10.1 This contract is subject to the law of England and Wales.

 

10.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales and irrevocably agree that proceedings issued out of the said courts may without prejudice to the rules of service of such courts be served on them by delivering such proceedings in an envelope addressed to the party to be served at the address for such party as in Clause 10.1.

 

11. Statutory Rights

 

Nothing herein contained shall alter or effect the Buyer's statutory rights.

 

 

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Copyright © 2017 Mr Ink Ltd | Registered in England & Wales

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