Terms of Sale

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by Press On Vinyl
Ltd, Limited Company etc, registered in England under number 12881956 ,whose registered
address is 6 Ferrous Road, Middlesbrough TS2 1DJ, United Kingdom.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Business Day” means, any day other than a Saturday, Sunday or bank
holiday;
“Calendar Day” means any day of the year;
“Commercial Unit” means a delivery of Goods, the character and/or value
of which would be materially impaired if divided;
“Contract” means the contract for the purchase and sale of Goods,
as explained in Clause 3;
“Goods” means the goods which are to be supplied by Us to you
as specified in your Order (and confirmed in Our Order
Acceptance);
“Month” means a calendar month;
“Price” means the price payable for the Goods;
“Special Price” means a special offer price payable for Goods which
We may offer from time to time;
“Order” means your order for the Goods [as attached] OR [as
shown overleaf];
“Order Confirmation” means Our acceptance and confirmation of your Order
as described in Clause 3;
“We/Us/Our” means Press On Vinyl Ltd a Private Limited Company.
registered in England under number 12881956 ,whose
registered address is 6 Ferrous Road, Middlesbrough,
Ts2 1DJ and whose main trading address is 6 Ferrous
Road, Middlesbrough, Ts2 1DJ.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression
includes electronic communications whether sent by e-mail, [text message,] fax or other
means.

2. Information About Us

2.1 Press On Vinyl Ltd, is a Private Limited Company etc. registered in England under
number 12881956, whose registered address is 6 Ferrous Road, Middlesbrough, TS2 1DJ and
whose main trading address is 6 Ferrous Road, Middlesbrough.

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2.2 [Our VAT number is GB370949467]

2.3 [We are regulated by <<insert name(s) of regulator(s)>>.]
2.4 [We are a member of <<insert name(s) of association(s) etc.>>.]
2.5 [<<Insert further information as required>>.]

3. The Contract

3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of
the Contract between Us and you. Before making your Order, please ensure that you have
read these Terms and Conditions carefully. If you are unsure about any part of these Terms
and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature,
price lists and other documents constitutes a contractual offer capable of acceptance. Your
Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of
your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in
writing.
3.4 We shall ensure that the following information is given or made available to you prior
to the formation of the Contract between Us and you, save for where such information is
already apparent from the context of the transaction:
3.4.1 The main characteristics of the Goods;
3.4.2
12); Our identity (set out above in Clause 2) and contact details (set out below in Clause
3.4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that
the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be
calculated in advance, the manner in which they will be calculated;
3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We
undertake to deliver the Goods;
3.4.6 Our complaints handling policy;
3.4.7 We shall ensure that you are aware of Our legal duty to supply goods that are in
conformity with the Contract;
3.4.8 Where applicable, details of after-sales services and commercial guarantees;
3.4.9 Where applicable, the functionality, including appropriate technical protection
measures, of digital content; and
3.4.10 Where applicable, any relevant compatibility of digital content with hardware and
software that We are aware of or might reasonably be expected to be aware of.

4. Description and Specification of Goods

4.1 We have made every reasonable effort to ensure that the Goods conform to
illustrations, photographs and descriptions provided in Our sales and marketing literature [and
descriptions provided by Our salespeople]. We cannot, however, guarantee that all
illustrations and/or photographs will be precisely accurate [due to [discrepancies that may arise
during the printing process] AND/OR [differences in the colour reproduction of electronic
displays]].

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4.2 If you receive any Goods that do not conform to illustrations, photographs or
descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause
8.
4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors
or omissions in any sales and marketing literature, price lists or any other documents We will
make every reasonable effort to correct such errors or omissions as soon as is reasonably
possible. If, as a result of any such error or omission, you have received the wrong Goods,
you may return those Goods to Us for non-compliance with the description as provided in
Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund
the excess paid for the Goods.
4.4 We reserve the right to make any changes in the specification of the Goods that may
be required to conform to any applicable safety or other legal or regulatory requirements
without notice.
4.5 Vinyl manufacturing is considered as Bespoke Goods. We will [produce] AND/OR
[alter] those Goods to our specifications and requirements. All information we require with your
Order for bespoke Goods can be found on our official website.
4.6 When placing an Order for bespoke Goods, please ensure that all information that you
provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke
Goods if the return is due to incorrect information provided by you. Please note that this does
not affect your legal rights (including but not limited to those described in these terms and
conditions).

5. Orders

5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
5.2 We will only accept changes to Orders for bespoke Goods without charge beyond
artwork proof approval and/or the cutting stage. If We are reasonably able to accommodate
your request without additional work/costs we will do so. If not, charges will apply.
5.3 If your Order is changed We will inform you of any change to the Price in writing.
5.4 You may cancel your Order at any time before We despatch the Goods by contacting
Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to
you within 14 working days. We will only accept an Order cancellation if We have not yet
begun making or altering the Goods. [If you request that your Order be cancelled, you must
confirm this cancellation in writing.] Orders where goods have already been manufactured
we will charge for the work already done and refund the value of the work/parts not yet
manufactured.
5.5 We may cancel your Order at any time before We despatch the Goods in the following
circumstances:
5.5.1 Breach or infringement of copyright laws is discovered or
5.5.2 An event outside of Our control continues for more than 2 consecutive calendar weeks
(please see Clause 11 for events outside of Our control).
5.6 If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods
under Clause 6, the payment will be refunded to you within 14 working days. If We cancel
your Order, the cancellation will be confirmed by Us in writing.

6. Price and Payment

6.1 The Price of the Goods will be that shown in Our price list in force at the time of your
Order. If the Price shown in your Order differs from Our current Price We will inform you upon
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3receipt of your Order.
6.2 If We quote a Special Price which is different to the Price shown in Our current price
list, the Special Price will be valid for the duration specified on the custom quote or, if the
Special Price is part of an advertised special offer, for the period shown in the advertisement.
Orders placed during this period will be accepted at the Special Price even if We do not accept
the Order until after the period has expired.
6.3 Our Prices may change at any time but these changes will not affect any Orders that
We have already accepted.
6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our
current price list are correct. Prices will be checked when We process your Order. If the actual
Price of the Goods is lower than that stated in your Order, you will be charged the lower Price
(unless the lower price was an obvious mistake that you could have reasonably recognised).
If the actual Price of the Goods is higher than that stated in your Order, We will ask you how
you wish to proceed.
6.5 All Prices include VAT. If the rate of VAT changes between the date of your Order and
the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT
will not affect any Prices where We have already received payment in full from you.
6.6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum
6.7 All payments for Goods must be made in advance before We can despatch the Goods
to you.
6.8 We accept the following methods of payment:
6.8.1 Bank Transfer
6.9 Due to production tolerances there may be an over/under production of an order. All
over production will be charged subsequently to completion of production and/or under-
production will be credited/refund to the client. Tolerances are +/-10% on orders up to 1000pcs
and +/- 5% on orders over 1000pcs.
6.10 If you do not make payment to Us by the due date as shown in/on sales order We may
charge you interest on the overdue sum at the rate of 2% per annum. Interest will accrue on
a daily basis from the due date for payment until the actual date of payment of the overdue
sum, whether before or after judgment. You must pay any interest due when paying an
overdue sum.
6.11 The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to
dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.

7. Delivery

7.1 Please note that delivery is currently only possible within the United Kingdom OR
Europe.
7.2 When We provide you with an Order Confirmation, We will provide an estimated
delivery date. Please note that estimated delivery dates may vary according to the availability
of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the
Goods will be delivered without undue delay and in any case no later than 30 Calendar Days
after the date on which the Contract is formed.
7.3 If you indicate in your Order that you wish to collect the Goods from Us yourself you
may do so after receiving Our Order Confirmation, during Our business hours of 09:00 and
17:00.
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47.4 Delivery will be deemed to have taken place when the Goods have been delivered to
the delivery address indicated in your Order and you (or someone identified by you) have taken
physical possession of the Goods or, if you are collecting the Goods from Us yourself, when
you have collected the Goods.
7.5 If for any reason We are unable to deliver the Goods at your chosen delivery address,
We will leave a note informing you that the Goods have been returned to Our premises,
requesting that you contact Us to arrange re-delivery. Re-Delivery fees will apply.
7.6 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us
until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please
note, however, that if you do not wish to collect the Goods and do not wish to use Our
nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will
pass to you as soon as they are passed to your chosen carrier.
7.7 You own the Goods once We have received payment in full for them. Note that tooling
for manufacturing the final product remains the property of Press On Ltd.
7.8 Please note that delivery to certain remote areas may require more time in transit.:
7.9 Please note carefully the following:
7.9.1 If We refuse to deliver the Goods, you may treat the Contract as being at an end and
We will reimburse you without undue delay.
7.9.2 If delivery of the Goods within the agreed time period or at the agreed time was
essential (taking into account the relevant circumstances at the time the Contract was formed)
and We fail to deliver, you may treat the Contract as being at an end and We will reimburse
you without undue delay.
7.9.3 If you have told Us that delivery within the agreed time period or at the agreed time was
essential and We fail to deliver, you may treat the Contract as being at an end and We will
reimburse you without undue delay.
7.10 If any of the events in sub-Clause 7.9 occur you may, instead of treating the Contract
as being at an end, specify a new delivery time or time period. If We continue to fail to deliver
the Goods, you may treat the Contract as being at an end and We will reimburse you without
undue delay.
7.11 If, despite the events in sub-Clause 7.9 and 7.10, you choose not to treat the Contract
as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If
you do so, We will reimburse you without undue delay.
7.12 If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods,
not a portion of them.

8. Faulty, Damaged or Incorrect Goods

8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose and as
described at the time of purchase, in accordance with any pre-contract information We have
provided, and that match any samples or test pressings that you have seen or examined
(unless We have made you aware of any differences). If any digital content is included in the
Goods, that digital content must also conform. If any Goods you have purchased do not
comply and, for example, have faults or are damaged when you receive them, or if you receive
incorrect Goods, please contact Us within 48 hours of delivery or as soon as reasonably
possible to inform us of the fault, damage or error, and to arrange for a refund, repair or
replacement. Please note that if the Goods are incorrect as a result of your provision of
incorrect information, rather than them not matching Our description, as explained in sub-
Clause 4.6, you will not be able to return those Goods.
8.2 Beginning on the day that you receive the Goods (and ownership of them) you have a
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57 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as
stated above. If you do not wish to reject the Goods, or if the 7 Calendar Day period has
expired, you may request that the Goods are repaired or replaced. Beyond 7 days, you must
prove to Us that the defect was present at the time of delivery in order to qualify for a repair or
replacement. We will bear any associated costs and will carry out the repair or replacement
within a reasonable time and without significant inconvenience to you. In some cases, if repair
or replacement is impossible or otherwise disproportionate, We may instead offer you the
alternative (i.e. a replacement instead of a repair or vice versa) or a full refund with return of
all goods to us.
a) If you request a repair or replacement during the first 7 Calendar Day period, that period
will be suspended while We carry out the repair or replacement and will resume on the day
that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out
of the original period, it will be extended to 7 Calendar Days.
b) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair
or replace them, as described above, or have failed to act within a reasonable time and/or
without causing you significant inconvenience), you may have the right either to keep the
Goods at a reduced price, or to reject them in exchange for a refund upon return of all of the
goods.
c) If you exercise this final right to reject the Goods more than 7 days after you receive
them (and ownership of them), we may reduce any refund to reflect the use you have had out
of the Goods.
8.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you
of any faults, damage or other problems with the Goods before your purchase of the them; if
you have purchased the Goods for an unsuitable purpose that is neither obvious nor made
known to Us and the problem has resulted from your use of the Goods for that purpose; or if
the problem is the result of normal wear and tear, misuse or intentional or careless damage.
Please also note that you may not return Goods to Us under this Clause 8 merely because
you have changed your mind. Please refer to Clause 9 for details of what to do if you change
your mind.
8.4 To return Goods to Us for any reason under this Clause 8, you may do so in person
during Our business hours of 9am to 5pm or you may return them to Us by post or another
suitable delivery choice. [You may alternatively request that We collect the Goods from you.
Please ensure that the Goods are ready for collection at the agreed time and location. We are
solely responsible for collecting the Goods in this case, however We may appoint a third party
carrier to collect them in which case We will provide you with all relevant details.] We will be
fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you
where appropriate.
8.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will
be issued within 14 Calendar Days of the day on which We agree that you are entitled to the
refund.
8.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by
you when the Goods were originally purchased so long as all goods are returned to us and
confirmed as such.
8.7 For full details of your rights and remedies as a consumer, please contact your local
Citizens Advice Bureau or Trading Standards Office.

9. Returning Goods If You Change Your Mind

9.1 If you are not satisfied with any (non-bespoke) Goods purchased from Us you have the
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6right to return them in exchange for a refund [or a replacement], subject to the provisions of
this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with your
legal rights. For such Goods please refer to Clause 8.
9.2 This Clause 9 does not apply to bespoke Goods. Goods which We have produced or
altered to order for you cannot be returned if you change your mind.
9.3 If you wish to return Goods to Us under this Clause 9 you must do so within 14 days of
taking delivery (or collecting them from Us), telling Us why you wish to return the Goods.
9.4 All Goods must be returned to Us under this Clause 9 in their original condition [, in
their original, un-opened packaging], accompanied by proof of purchase.
9.5 You may return Goods to Us in person during Our business hours of 9am to 5pm or
you may return them by post or another suitable delivery service of your choice. You are solely
responsible for the cost of returning Goods to Us under this Clause 8.
9.6 [You may request that We collect the Goods from you. Please ensure that the Goods
are ready for collection at the agreed time and location. We may charge you for collecting
Goods under this Clause 9.]
9.7 Refunds or replacements (non-bespoke goods) will be issued to you immediately if you
return Goods to Us in person or within 30 days of Our receipt of the Goods if you return Goods
to Us by post or similar delivery service [or if We collect the Goods from you.]
9.8 Please note that this extended return period (guarantee) applies only to consumers
resident in the United Kingdom. The provisions of this Clause 9 are in addition to your legal
rights, not instead of them.

10. Our Liability

10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a
result of Our breach of these Terms and Conditions or as a result of Our negligence (including
that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an
obvious consequence of Our breach or negligence or if it is contemplated by you and Us when
the Contract is created. We will not be responsible for any loss or damage that is not
foreseeable.
10.2 We only supply Goods for domestic and private use. We make no warranty or
representation that the Goods are fit for commercial, business or industrial use of any kind
(including resale). By making your Order, you agree that you will not use the Goods for such
purposes. We will not be liable to you for any loss of profit, loss of business, interruption to
business or for any loss of business opportunity.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death
or personal injury caused by Our negligence (including that of Our employees, agents or sub-
contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a
consumer. For more details of Your legal rights, please refer to Your local Citizens Advice
Bureau or Trading Standards Office
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that
failure or delay results from any cause that is beyond Our reasonable control. Such causes
include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs
or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood,
storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war
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7(declared, undeclared, threatened, actual or preparations for war), epidemic or other natural
disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our
performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our obligations under these Terms and Conditions will be suspended and any time
limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of
any new dates, times or availability of Goods as necessary;
11.2.4 If the event outside of Our control continues for more than <<insert time period>> We
will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result
of that cancellation will be paid to you as soon as is reasonably possible;
11.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may
do so in accordance with your right to cancel under sub-Clause 5.4 above.

12. Communication and Contact Details

12.1 If you wish to contact Us, you may do so by telephone at 01642 265295 or by email at
info@pressonvinyl.com
12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for
example). When contacting Us in writing you may use the following methods:
12.2.1 Contact Us by email at info@pressonvinyl.com; or
12.2.2 Contact Us by pre-paid post at Press On Vinyl Ltd, 6 Ferrous Road, Middlesbrough,
TS2 1DJ, UK.

13. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We always use all
reasonable endeavours to ensure that your experience as a customer of Ours is a positive
one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 All complaints are handled in accordance with Our complaints handling policy and
procedure, available from <<insert location>> and <<insert location>> respectively.
13.3 If you wish to complain about any aspect of your dealings with Us, please contact Us
in one of the following ways:
13.3.1 In writing, addressed to Press On Vinyl Ltd, 6 Ferrous Road, Middlesbrough, TS2 1DJ,UK
13.3.2 [By email, addressed to Complaints Department at info@pressonvinyl.com
13.3.3 [Using Our complaints form, following the instructions included with the form;]
13.3.4 [By contacting Us by telephone on 01642 265295

14. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy available from
www.pressonvinyl.com/privacy-policy
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15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions
(and under the Contract, as applicable) to a third party (this may happen, for example, if We
sell Our business). If this occurs you will be informed by Us in writing. Your rights under these
Terms and Conditions will not be affected and Our obligations under these Terms will be
transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your [other] obligations and rights under these Terms
and Conditions (and under the Contract, as applicable) without Our express written permission.
Please note, however, that you can transfer the benefit of the extended return period
(guarantee) in Clause 9 without our consent.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or
third party in any way and no such person or party will be entitled to enforce any provision of
these Terms and Conditions (except the benefit of the extended return period (guarantee) in
Clause 9).
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid
or otherwise unenforceable by any court or other authority, that / those provision(s) shall be
deemed severed from the remainder of these Terms and Conditions. The remainder of these
Terms and Conditions shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms and
Conditions means that We have waived that right, and no waiver by Us of a breach of any
provision of these Terms and Conditions means that We will waive any subsequent breach of
the same or any other provision.

16. Alternative Dispute Resolution

16.1 Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a
consumer and a trader without going to court.
16.2 Our ADR provider is <<insert name of ADR provider>>. If you are unhappy with how
we have handled your complaint, you may wish to contact <<insert name of ADR provider>>.
16.3 Complaints can be submitted to <<insert name of ADR provider>> via their website at
<<insert URL>>.
16.4 [<<insert name of ADR provider>> will not charge you for making a complaint, and you
may still bring legal proceedings if you are not satisfied with the outcome of the ADR.]

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions, the Contract, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by, and construed in accordance with the
law of [England & Wales] [Northern Ireland] [Scotland].
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your
country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as
a consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these
Terms and Conditions, the Contract, or the relationship between you and Us (whether
contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales,
Scotland, or Northern Ireland, as determined by your residency.
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