Terms & Conditions
1. Definitions and Interpretation
1.1 In these conditions:
(a) “Content” means the graphics, photographs, images, document layouts, artwork, text, and other information contained on this Site.
(b) “Contract” means the contract for the sale of the Products, comprising these Dempson Digital Terms and Conditions, an Order from the Customer, an Order Acknowledgement and an Order Confirmation from Dempson Digital;
(c) “Customer” means the buyer whose name and address are specified in the Order;
(d) “Data Protection Legislation” is the Legislation in force in the UK relating to personal data and all other legislation and regulatory requirements in force which apply to a party relating to the use of Personal Data, as defined in Data Protection Legislation (including, without limitation, the privacy of electronic communications);
(e) “Defect” means Products not matching the specification set out on this Site, either by way of damage in transit or non-compliant production;
(f) “Dempson Digital” means Dempson Ltd., a company registered in England and Wales with a registered number 00712226 and registered office at Hermitage Mills, Hermitage Lane, Maidstone, Kent ME16 9NP;
(g) “Dempson Digital Terms and Conditions” means the general terms and conditions set out in this document;
(h) “Feedback Information” means any comments, suggestions, proposals or other feedback provided to Dempson Digital in connection with the operation or content of this Site,
(h) “Intellectual Property (or “IP”) Rights” includes all patents, copyrights, design rights, trademarks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same;
(i) “Order” means any order placed on this Site by the Customer for Products supplied by Dempson Digital. The Order includes the product specification(s), uploaded artwork template(s) or artwork instructions, the quantity of the Product(s) to be supplied, the price paid for said Product(s) and the estimated delivery date(s);
(j) “Order Acknowledgement” is the e-mail issued by Dempson Digital confirming that payment has been received from the Customer and that the Order is being processed,
(k) “Order Confirmation” is the e-mail issued by Dempson Digital confirming that either:
(i) the Customer has provided us (whether by upload or by e-mail) with the template(s) ready for printing and production of the order, or
(ii) the artwork placed on the template(s) by us has been approved by the Customer; and
that the Order has been accepted,
(l) “Product(s)” mean the goods described in the Order;
(m) “Site” means www.dempsondigital.co.uk and its mobile sites, collectively.
(n) “UK Data Protection Legislation” is all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
1.2 Every sale and the acceptance of every Order by Dempson Digital is subject to these Dempson Digital Terms and Conditions. All other terms, conditions, warranties and representations, whether implied by statute, common law, or usage or expressed by the Customer or by Dempson Digital are hereby excluded and extinguished with the exception of conditions expressly accepted by a Director or other duly authorised officer of Dempson Digital in writing.
1.3 If there is any conflict or ambiguity between any parts of the Contract, the conflict shall be resolved in accordance with the following order of precedence: (a) these Dempson Digital Terms and Conditions; and (b) the Order Confirmation.
1.4 Any reference to any statute shall be construed as a reference to that statute as amended, re- enacted or extended at the relevant time.
2.2 Every offer of a Dempson Digital product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Dempson Digital Terms and Conditions.
2.3 The applicability of any terms and conditions of the Customer or any third- party on behalf of the Customer is expressly dismissed and shall not apply, even if Dempson Digital has not specifically rejected them.
2.4 We reserve the right to make changes to this Site and to these Dempson Digital Terms and Conditions at any time without prior notice. You should review these Dempson Digital Terms and Conditions each time you access this Site.
3. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Dempson Digital is subject to our acceptance of the Order and the Contract will be formed when you receive the Order Confirmation by email.
4. Quality Specifications and Variations
4.1 All printing is CMYK. Colour matches to Pantone colours will be approximate.
4.2 Whilst every endeavour will be made to supply material in accordance with the quality of any samples provided, the contract is not a contract of sale by sample.
4.3 We aim to provide clear and accurate information in relation to the Products provided by Dempson Digital on this Site. However, there are necessary limitations on the information we provide, including:
(a) Images. The images of Dempson Digital products on this Site or that We otherwise provide to you in digital or electronic format are for illustrative purposes only. Although We aim to display the colours accurately, We cannot guarantee that Your computer’s (or mobile device’s) display of the colours accurately reflects the colour of the Products supplied by Dempson Digital.
(b) Measurements: Although we aim to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements of Dempson Digital products indicated on this Site or that We otherwise provide to You during the ordering process are approximate only and may vary slightly from those indicated.
4.4 Dempson Digital will not be responsible for proofing artwork and templates which have been prepared by the Customer. Dempson cannot be responsible for: spelling, punctuation or grammatical errors made by the Customer, inferior quality or low-resolution of uploaded images, design errors introduced by the Customer in the template creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the Customer. Please preview your designs carefully and correct any mistakes prior to placing your order.
4.5 Where Dempson Digital has prepared artwork and templates for the Customer based on the Customer’s instructions, no responsibility will be accepted by Dempson Digital for any errors in proofs that have been approved by the Customer.
5. Quantity Variations
In the case of Products specifically printed and manufactured for the Customer there may be a shortage or surplus, which will be charged pro rata. The tolerance for quantity variation is as follows:
Orders up to 5,999 units +/- 20%
Orders between 6,000 and 50,000 units +/- 10%
6.1 Notice of any claim arising from shortage of damage in transit or for incorrectly routed deliveries or detention must be given in writing within 2 days from the date when the order is delivered, failing which all claims shall be deemed to be waived and absolutely barred.
6.2 Notice of any claim arising from the quality of products delivered must be given within writing within 28 days from the date when products are delivered, failing which all claims shall be deemed to be waved and absolutely barred.
6.3 The return of the products after delivery to the Customer will not be accepted unless Dempson Digital or its representative shall first have ha the opportunity of examining them.
7. Materials for Limited Use
7.1 This Site and all Content are the copyrighted property of Dempson Digital or the copyrighted property of parties from whom Dempson Digital has licensed such property. All rights in this Site and its Content are reserved worldwide.
7.2 It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Dempson Digital Terms and Conditions.
7.3 Dempson Digital reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or Dempson Digital remain the property of Dempson Digital and its licensors.
8. Use of our Site and its Content
8.1 You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering Products solely through Dempson Digital. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Dempson Digital does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Dempson Digital.
8.2 You agree to use this Site in a responsible manner that is in full compliance with these Dempson Digital Terms and Conditions and with your local laws and regulations, including export and import regulations.
8.3 Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
8.4 You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable.
8.5 Dempson Digital reserves the right, in Dempson Digital’s sole discretion, to refuse to accept any content provided by you to Dempson Digital or to process any order at any time and for any reason. Dempson Digital also may terminate its service to and/or the accounts of customers found to be using Dempson Digital to engage in undesirable activities or otherwise violating these Dempson Digital Terms and Conditions. You agree that Dempson Digital shall have no liability of any kind to you or to any third party arising from such refusal or termination.
8.6 You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorisations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products, including any third-party material made available via a third-party design service which may be accessed via the Site.
8.7 By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorise Dempson Digital to produce the Products on your behalf. You grant Dempson Digital the right to copy, modify, distribute, use, create derivative works of and vectorise any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Dempson Digital to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
8.8 You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all Orders placed or other actions that are taken through your registered account.
9. Right of withdrawal or cancellation
9.1 The statutory right of withdrawal (or cancellation right) that applies to consumers who enter into distance selling contracts, allowing the withdrawal from (or cancellation of) a contract within 14 days from receipt of their products without giving any reason or incurring any costs, does not apply to the supply of Products made to the consumer´s specifications or which are clearly personalised. You therefore cannot exercise your right of withdrawal for any Products ordered from us that are customised (i.e. printed according to your specifications).
9.2 For Products that are supplied without customisation and when you are a consumer, you can exercise your right of withdrawal from the Contract within 14 days from receipt of your Order without giving any reasons. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next business day. To exercise this right of withdrawal (or cancellation right) that applies solely to the above-mentioned non-customised Products, please send an e-mail to email@example.com or use the Contact-Us page or send us a letter, specifying your name, physical address, phone number, e-mail address, order number and which Products you wish to return to:
We will contact you after we have received your request to determine if the right of withdrawal applies to you as a consumer and the involved Products. We will also inform you how we wish you to return the Products. Please note that you will be responsible for choosing the shipping method and carrier. All returns are at your own risk and expenses and the returned Products must reach us no more than 28 days following the original delivery of your Order. Once we have received the Products undamaged and in their original packaging, Dempson Digital will refund without delay and no later than 30 days from the date on which the returned Products are received by us, the paid purchase price of the returned Products excluding the original delivery costs.
You agree that you shall indemnify Dempson Digital and all parties from whom Dempson Digital has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Dempson Digital Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Dempson Digital or incorporated into Products. As to clause (ii), you agree that we have the right to control the defence of any such suit, claim or demand.
11. Disclaimer of Warranty
11.1 The site and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. While we make reasonable efforts to accurately display the attributes of products, we do not warrant that product descriptions are accurate, reliable and error-free.
11.2 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law, Dempson Digital and Dempson Digital's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
11.3 Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (hereafter, "consumer guarantees"), or only limited in certain circumstances, and nothing in these Dempson Digital Terms alter those consumer guarantees if it is illegal for Dempson Digital to do so. If those consumer guarantees apply to you, and Dempson Digital cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Dempson Digital: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Dempson Digital to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
11.4 As previously set forth in Section 4.4 of these Dempson Digital Terms and Conditions, please note that we cannot be responsible for errors made by the Customer (including, but not limited to spelling, punctuation, or grammar) , inferior quality or low-resolution of uploaded images, design errors introduced by the Customer in the template creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the Customer. Please preview your designs carefully and correct any mistakes prior to placing your order.
12. Force Majeure
If Dempson Digital is restricted hindered delayed or prevented from carrying out our obligations hereunder by any circumstances beyond our control, then we shall not be liable to the Customer for any loss or damage whether direct or indirect which may thereby be suffered by you. Furthermore, Dempson Digital shall be at liberty to terminate or suspend any contract governed by these conditions without bearing any liability for damage resulting to the Customer.
13. Limitation of Liability
The liability of Dempson Digital under the Contract shall in no circumstances exceed the purchase price of the Products in question. We shall not be liable for any loss or damage howsoever caused whether consequential or otherwise.
In no event shall Dempson Digital or its licensors, suppliers, or vendors, or the officers, directors, employees, or agents of any of them, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Dempson Digital has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from Dempson Digital or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Dempson Digital be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this site or its content or our supplied products or services. If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in the above section, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
14. Site Feedback
The Feedback Information provided to Dempson Digital in connection with the operation or content of this Site shall be provided by the submitter and received by Dempson Digital on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Dempson Digital. By submitting any such information to Dempson Digital, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Dempson Digital shall be free to use such information on an unrestricted basis.
16. Data Protection
Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause does not relieve, remove, or replace a party's obligations or rights under the Data Protection Legislation.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
18. General Provisions
18.1 You and Dempson Digital do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.2 No waiver by either party of any breach of the Contract by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.
18.3 If any of the terms of the Contract are held to be void or unenforceable by any reason of law they shall be void or unenforceable to that extent only and all other terms shall remain valid and fully enforceable.
18.4 Any notice required or permitted to be given by either party under these Conditions shall be in writing and shall be sent by letter or by e-mail to the party to be served at the address of that party as may be notified by that party for this purpose. Any notice sent by pre-paid post first class shall be deemed to be served 48 hours after posting. Any notice sent by e-mail shall be deemed served when the email is sent.
19. Governing Law, Jurisdiction and Dispute Resolution
The Contract shall be governed by and construed in accordance with English Law and both parties submit to the exclusive jurisdiction of the English Courts.