Exactis Limited Additional Terms and Conditions of Supply Relating to Website

This page contains the terms and conditions on which we supply products and services listed on our website to you. Please read these terms carefully before ordering from our website. When you place an order from our website, you agree to be bound by these terms and conditions.
You will be asked to click "I accept" at the appropriate place prior to your purchase. If you do not click "I accept", you will not be able to complete your purchase.

1. INTERPRETATION

1.1 In these Conditions:

. 'Product' or 'Service' means a product or service supplied, or goods or work undertaken under the authority of the Seller.
. 'Exactis Limited website' means the Seller's Online Shop or ECommerce System at www.exactis.co.uk.
. 'Business Day' means Monday to Friday except Public or Bank Holidays in England.
. 'Buyer' means the person who accepts a quotation of the Seller for the sale of the Products or Services or whose order for the Products or Services is accepted by the Seller.
. 'Conditions' means the website terms and conditions of sale set out in this document, Exactis Limited's standard terms and conditions, and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller.
. 'Contract' means this contract for the purchase and sale of Exactis Limited Products.
. 'Prices' means the Seller\'s quoted prices listed on the Exactis Limited website exclusive of Value Added Tax at the time the Contract is made between the Buyer and the Seller.
. 'Seller' means Exactis Limited.
. 'Writing' includes telex, cable, facsimile transmission and comparable means of communication.
. 'Consumer' means any natural person who is acting for purposes that are outside his or her business.

1.2 Any reference in these Conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. BASIS OF THE SALE

2.1 The Seller shall sell and the Buyer shall purchase the Products in accordance with the Conditions, and the Prices set out in the Exactis Limited website. The Contract on the terms of the Conditions is completed on acceptance by the Seller of the order of the Buyer placed on the Exactis Limited website. The Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
2.3 The Buyer will be responsible for the selection of the Products and any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the suitability, fitness for any purpose, application or use of the Products is intended for guidance only and is followed or acted upon entirely at the Buyer's own risk. Accordingly the Seller shall not be liable for any such advice or recommendations.

3. ORDERS

3.1 Orders can be placed for selected Products through the Exactis Limited website. Payment for such orders shall be by credit card payment only unless the Buyer is company or print trader in which case a business account can be agreed separately and used for payment.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer.
3.3 The quantity and description of the Products shall be those set out in the Buyer's order (if accepted by the Seller), but in either case the Products shall be inclusive of any amendments issued by the Seller at the time of purchase.
3.4 Subject to Clause 7, no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller.
3.5 The provision of workable, print ready files by the Buyer is a condition of acceptance of the order by the Seller; accept where the Buyer has ordered chargeable graphical design services to bring provided files to the required standard. Such agreement by Buyer can be given via the website or separately.

4. PRICE OF THE PRODUCTS

4.1 The prices of the Products to all Buyers shall be the Seller\'s quoted prices listed on the Exactis Limited website at the time the Contract is made between the Buyer and the Seller.
4.2 The price quoted on the Exactis Limited website is exclusive of any applicable Value Added Tax ('VAT'). During the Online Transaction the amount of the applicable VAT will be displayed at the time of payment. The total price payable will include any applicable VAT.
4.3 If, as a result of the Consumers giving the seller incorrect information, a sale that should have been inclusive of VAT is made without VAT being charge, the seller may recover a sum from the consumer equal to the VAT that should have been charged.

5. TERMS OF PAYMENT

5.1 Payment can only be made via authorised credit card at the time of the transaction on the Exactis Limited website, or by invoice where prior agreement is made. Receipts for payment will be provided in hard copy only.
5.2 The Exactis Limited takes reasonable measures to ensure that the website is a secure site and the Seller undertakes to take all necessary steps to ensure that any information provided by the Buyer for the purposes of payment will be kept secure.
5.3 The use of the Internet is not guaranteed to be continuous or error free. The Exactis Limited shall not be liable for damage, costs or loss arising from events outside its control including without limitation flood, fire, theft, power outage, terrorist attack, loss or interruption of communications service, or strike. Due to the nature of the internet, Exactis Limited does not guarantee the complete security of your information on the website.

6. DELIVERY OF PRODUCTS

6.1 Products may be delivered by post or courier in accordance with the delivery details given on the website. Conditions pertaining to delivery dates and quantities are contained in Exactis Limited standard terms and conditions available on the website of which Buyers are assumed to be aware. As per those conditions, buyers should be aware that although we shall endeavour to meet your delivery or completion requirements we shall be under no obligation to deliver goods or supply services by any specified date. Delivery and completion dates quoted by us or included in the contract are given in good faith but are estimates only and without engagement.
6.2 Once payment has been authorised the Products ordered will be processed for delivery.

7. SEVERABILITY

If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

8. ENTIRE AGREEMENT

13.1 These Conditions, which include Exactis Limited's standard terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

9. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).