Viking Print House Terms and Conditions of Sale

Last updated: 26 June 2020

IMPORTANT NOTES

The terms below set out the terms and conditions upon which Viking makes any Virtual Print House products available for sale. Please read through all terms and conditions as each term is important. Viking also wishes to bring the following in particular to your attention:

• You must be over 18 years of age to purchase from Viking.

• You may not use our website or our services in connection with any Prohibited Content.

• Please see clause 10 for details of your rights to cancel orders and clause 11 for details on       limitations and exclusions of our liability.

• Our privacy policy sets out how we may use your personal data.

• These sales terms replace all previous business and consumer editions of our sales terms.

• You should keep a copy of this document for future reference.

1. ABOUT THIS DOCUMENT

This document sets out the terms and conditions applicable to all sales by Viking, including through its websites, by telephone, or other means. We may change these Conditions at any time, and any changes will take effect on the date they are posted on our Website. Those changes will not affect any orders you submitted before the change. These Conditions apply to the exclusion of your own terms and conditions of purchase.

2. ABOUT VIKING

Viking is a trading name of Office Depot International (UK) Limited, a company registered in England and Wales, with company number 2472621. Our postal address and registered office is at 501 Beaumont Leys Lane, Leicester, Leicestershire LE4 2BN.

3. DEFINITIONS

In these sales terms: (a) “other charges” mean any other charges or fees in addition to the price and delivery charges, as stated in the contract terms; (b) the “contract” is the contract which incorporates these sales terms; (c) the “delivery charges” means our charges for delivery of the products as stated in the order specific terms; (d) the “delivery address” means the address for delivery of the products as stated in the order or to the billing address associated with your payment card or other payment service used to pay the price; (e) the “order” is your order for the purchase of any products submitted to us, which incorporated these sales terms, or resulted in the contract, including any order through our website; (f) the “order specific terms” are any specific terms for your order as agreed in writing with you prior to the order; (g) the “price” means the price of the products as stated in the order specific terms; (h) the “products” mean the goods, and other products ordered by you as set out in the order specific terms; (i) “you” and “your” means the person who submitted the order, or who is purchasing from us under the contract to which these sales terms apply; (j) “we”, “us”, “our” and “Viking” mean Office Depot International (UK) Limited; (k) the “website” means our website at www.viking-virtualprinthouse.co.uk; (l) “working day” or “business day” means Monday to Friday, except bank or other public holidays; and (m) “prohibited content” means any content that is, or which we consider at our sole discretion to be, illegal, libellous, inappropriate or offensive or which infringes the proprietary or other rights of any third party.

4. THE ORDER PROCESS

4.1 You are entitled to withdraw your order at any time up to moment that we accept it and it becomes a binding contract. After it has become a binding contract you can only cancel it in accordance with your cancellation rights as set out below, or in accordance with your legal rights if we are in breach of the contract.

4.2 Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email does not amount to acceptance of your order, or create a binding contract unless expressly stated in it by us.

4.3 For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of the all of products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm that any of the products in your order have been dispatched.

4.4 If we decline your order for any products, for any reason, we will normally e-mail or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.

4.5 If your order lists more than one product or service then there shall be considered to be a separate and independent order and contract for each of them.

5. CONTRACT TERMS

The terms of the contract comprise of general terms and order specific terms. General terms consist of: (a) these terms and conditions of sales; (b) the general delivery information published by us, including on our website at the time of your order, setting out among other things, delivery charges, delivery locations, timescales, and restrictions; (c) the descriptions and specifications and additional terms specified for the products in any product specification page or section on our website and in our current catalogue, at the time of your order; and (d) any terms implied into the contract by statute or rights in relation to this contract granted by any statute, unless and to the extent they are otherwise limited, varied or excluded by any other contract terms. Order specific terms consist of the specific terms of your order (including description and quantity of products ordered, price and other delivery charges applicable, your details, delivery address, billing address, and payment method and details) set out in the checkout webpages (for website orders) generated by our website and sent to your web browser, in each case, as may be confirmed by us in any written acknowledgement or acceptance of your order which we send to you.

6. DESCRIPTION AND QUALITY

6.1 Any products will correspond to the description set out in our website at the time of order in all material respects. We have the right however to make minor variations to the specification, colour or other features between the description on our website and the product received.

6.2 Where the product comprises personalised images, Viking takes no responsibility for the quality of the reproduction of the image in the event the minimum quality standards set out in our website are not adhered to.

6.3 We may reject any paper or other materials supplied or specified by you which we consider to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged.

6.4 We are not responsible if any work is not of satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by you.

7.CONTENT YOU PROVIDE

7.1 You are responsible for the content you provide to us in connection with the contract and you acknowledge that all content uploaded by you is done at your own risk. Prior to providing us with any content, you must ensure that you have all rights to use such content and to provide us with such content.

7.2.We are not responsible if any content is lost or damaged during or after the uploading process so please ensure you retain a copy of all material you upload. We may delete any content you have provided to us at any time.

7.3 You must not provide any Prohibited Content to us. We have the right to: (a) refuse to print or use any Prohibited Content; (b) delete any Prohibited Content you have provided to us; and/or (c) disclose your identity to any legal or regulatory authority in connection with any Prohibited Content and/or to any third party claiming that any content provided by you violates their rights.

7.4 You will indemnify us and our subcontractors for any claims, costs and expenses arising out of any Prohibited Content you provide to us. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.

8. CHARGES, VAT AND PAYMENT TERMS

8.1 You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are also obliged to pay VAT on all charges, at the same time as the charges.

8.2 Payment of the price, delivery charges, and any other charges and amounts payable under the contract must be made on order. You must pay in the currency in which the price, delivery charges, and any other charges are stated by us. We accept payment by such cards and other methods as may be stated on our website from time to time. The price, delivery charges and all other charges are payable on order, and we are not obliged to process your order or dispatch any products until payment in full has been received by us. You authorise us to take payment from any card or other payment service for which you have provided details, at the time of, or at any time after you have submitted, your order, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you.

9. DELIVERY

9.1 We will use reasonable efforts to deliver the products by the delivery dates or within the delivery timescales stated in the other contract terms.

9.2 Delivery of the products will take place at the delivery address. Please note that we only deliver to addresses located within the United Kingdom (including Northern Ireland) and such other places as may be stated in any delivery information on our website.

9.3 We only make products on working days. Any statements as to producing and delivery within a number of days should be read as working days.

9.4 We are not responsible for delay in supplying or delivering or failure to supply or delivery any products if due to events that are unforeseen or beyond our reasonable control. In the event of a delivery delay of 5 working days due to a courier issue or 10 days with Royal Mail we will give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, or give you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.

9.5 We may make delivery of the products by instalments.

9.6 If delivery is attempted within our stated delivery hours and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time.

9.7 If requested, you must sign for the delivery before our carrier releases them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights.

9.8 You should check that you have received all of the products you ordered, and inform us by the next working day after delivery has been made if you do not think you have received the products ordered, or if the products are faulty or damaged, otherwise all products purported to be covered by the delivery shall be deemed to have been delivered.

9.9 Risk in the products shall pass to you when they come into your physical possession, or any person identified by you to take possession of the products, or any carrier you commissioned to collect the products from us and transport them to you, or our courier service hand over the products to any person who you authorise to collect them from a postal or courier service, or we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us when they come back into our physical possession, or any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.

10. CANCELLATION AND RETURNS

You are not able to cancel your order for products made to your specifications or personalised for you once your order has been accepted by Viking. Viking will only accept returns if the products are damaged prior to delivery or defective, such damage or defect must have been reported in accordance with clause 9.8 above.

11. OUR LIABILITY TO YOU

11.1 In this contract, references to our "liability" shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

11.2 We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery.

12. OUR RIGHT TO CANCEL OR VARY THE CONTRACT

We shall be entitled to vary the contract, or to cancel the contract, as a whole or in respect of any products, at our option, if any of the following applies: (a) we do not have the products in stock at all or in a fit state to supply to you; (b) we find we do not have sufficient products in stock to meet all our orders from all our customers; (c) the cost of acquiring the products to supply to you is higher than when your order was accepted by us; (d) we are not able to obtain the products from our suppliers at all or in time to meet the delivery timescales; (e) the contract terms (including our website or catalogue, or your order) contained any error, including in relation to the description or price of any of the products; or we have not received payment in full of or are unable to obtain authorisation for payment of the charges and other amounts payable by you; (f) you do not meet any minimum age requirement for ordering; (g) if you are purchasing the products with a view to reselling them; (h) you have not fully complied with any of the terms in the contract; and/or you are in breach of, are threatening to breach, a contract you have with Viking or its group companies. If we propose to vary the contract, we will give you an offer to continue with your order subject to such variations as we propose, in which case we will identify any variations (including any proposed changes to the products, the price and delivery charges, and delivery timescales) and we will state how long that offer will remain open; and if you do not accept our offer, then the contract will be deemed to be cancelled. If the contract is cancelled under this clause: you must return to us any products supplied to you under the contract in an unused and unopened condition (at our cost if you are not at fault); and we will offer you a full refund for the products cancelled, subject to receiving back from you any products supplied in the condition required by this clause.

13. GENERAL

13.1 The contract constitutes the entire agreement between you and us for the sale and purchase of the products. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the contract terms shall only be binding upon us if made in writing and signed by a director of Viking. No employee, other than a company director, has authority to change the terms of the contract.

13.2 The contract shall not benefit or be enforceable by any person other than you and us.

13.3 We may sub-contract all or part of our obligations under the contract.

13.4 Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.

13.5 We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.

13.6 The contract and all non-contractual obligations arising out of it shall be governed by the laws of England and Wales. You agree to exclusively bring any claims against us relating to this website or any non-contractual obligations arising out of it in the courts of England and Wales.

13.7 To ensure you receive the best service available some calls may be monitored or recorded for training purposes. We occasionally share our customer list with other carefully selected companies outside the group for sales and marketing purposes. You will not receive marketing calls from these companies if you are registered with the TPS (Telephone Preference Service) or FPS (Fax Preference Service) unless you have given us your consent to receive them. If you want to be excluded from all third party marketing please contact us.