Terms and conditions
1. These terms
What these terms cover. These are the terms and conditions on which we supply our bespoke printed newspapers (our "products") to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual;
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
Who we are. We are Newspaper Club Limited a company registered in England and Wales. Our company registration number is 06894628 and our registered office is at Sharman & Company Ltd, Newark Road, Peterborough, PE1 5TD. Our registered VAT number is GB944436314.
How to contact us. Contact our customer service team by writing to us at firstname.lastname@example.org.
How we may contact you. If we have to contact you we will do so by email, post or telephone using the contact details you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
How we will accept your order. A contract will not come into existence between you and us until the following steps are completed:
you supply printable artwork and place an order either on our website or by email;
you specify the format of the product, the number of copies required, the delivery method, your address and a contact telephone number;
you specify the payment method - credit/debit card, 'Paypal' or by bank transfer;
you place an order using our website or by emailing us;
we send you an email confirming we have accepted your order;
at which point a contract will exist between us. You must be at least 16 years of age to place an order.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because:
the product is out of stock;
the product is not printable;
in our reasonable opinion we believe the content of your product does not conform with our content standards at clause 7.4;
of unexpected limits on our resources which we could not reasonably plan for;
a credit reference we have obtained for you does not meet our requirements;
we have identified an error in the price or description of the product; or
we are unable to meet a delivery deadline you have specified.
4. Our Products
Products may vary slightly from their pictures. The images of products on our website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee these will be reflected in the products you order. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us by email. We will let you know if the change is possible, and if so we will let you know about any changes to the price, delivery or anything else as a result of your requested change. We will confirm you wish to go ahead with the change. It is your sole responsibility to ensure that the content you provide is correct. We may not always be able to make a change to the product once your order is accepted.
6. Our rights to make changes
Minor changes to the products.
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements (these changes will not affect your use of the product).
7. Creating your product
How to create your product. You can create your product either by using our online design tool ARTHR or by uploading your own PDF. To ensure that your product is printed properly please ensure you follow our artwork guidelines and PDF export guide.
We cannot guarantee ARTHR will always be available and we reserve the right to provide amended or new versions of ARTHR from time to time.
It is your responsibility to save the PDF used to create your product.
Content of your product. You are solely responsible for the content you choose to include in your product. It is not advisable to include any information of a commercial nature which you want to keep confidential, for example trade secrets. If you choose to include such information in your product, you do so at your own risk.
You must have the right to use the content you include in a product. For example, if you include personal data of a third party you must have the right to use that personal data. Or if you include a third party's trade mark or other intellectual property rights you must have permission to use such third party intellectual property rights.
You must not include content which:
breaches any applicable local, national or international law or regulation;
is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
harms any minor;
is defamatory of any person;
contains obscene material;
infringes any copyright, database right or trade mark of any other person;
gives the impression that it has been endorsed by us;
promotes any illegal activity; or
is likely to harass, upset, embarrass, alarm or annoy any other person.
8. Providing the products
Delivery costs. The cost of delivery is included in the price shown on our website.
When we will provide the products. We will deliver your product as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will take reasonable steps to inform you how and when the products will be delivered.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
When you become responsible for the product. Your product will be your responsibility from the time we deliver the product to the address you gave us.
When you own the product. You own your product once we have received payment in full.
What will happen if you do not give required information to us. We need certain information from you so that we can supply the products to you. This will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work required. We will not be responsible for supplying the products late or not supplying any part of them if you have not given us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 6).
Your rights if we suspend the supply of products. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.5).
9. Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the product or how we are performing:
If what you have bought is defective or misdescribed you may have a legal right to end the contract, get the product replaced or get some or all of your money back. See clause 12 if you are a consumer and clause 13 if you are a business;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2.
Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out below, the contract will end immediately and we will refund you in full for any products we have not provided. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
you have a legal right to end the contract because of something we have done wrong.
Cancelling your order. You acknowledge that the products are of a bespoke nature made to your order. Accordingly, you are not entitled to a “cooling-off period” during which you can end the contract after your product has been printed without incurring liability for the agreed price for the products. Once we accept your order and confirm it has been sent to print, you are not entitled to cancel the contract without our written agreement. This does not affect your statutory rights.
Tell us you want to end the contract. To end the contract please write to us at email@example.com. Please provide your name, email address, home address, details of the order and, where available, your phone number.
How we will refund you. If entitled under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment.
When we will make your refund. We will make any refunds due to you as soon as possible.
10. Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided. We may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please write to us at firstname.lastname@example.org.
12. Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to provide evidence of defective products. If you wish to exercise your legal rights to reject products you must provide us with photographic evidence of the defective product.
Refunds cannot be given if the defect is a result of:
your own actions such as product misuse, errors in content or if you have uploaded an image of a low resolution or size;
fair wear and tear;
the normal qualities of newspapers as described on our website for example rough edges, printer marks or ink rubbing off;
colours not being the same as the PDF version.
13. Your rights in respect of defective products if you are a business
If you are a business customer we warrant that on delivery any products will:
conform in all material respects with their description;
be free from material defects in design, material and workmanship; and
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
Subject to clause 13.3, if:
you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1; and
you provide us with photographic evidence of the defective product, we will replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
you make any further use of the product after giving a notice in accordance with clause 13.2(a);
the defect arises as a result of us following any drawing, design or specification supplied by you;
you alter the product without our written consent; or
the defect arises as a result of fair wear and tear, wilful damage or negligence.
These terms apply to replacement products supplied by us under clause 13.2.
14. Price and payment
Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. Please see clause 14.2 for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong. It is possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. Where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount.
If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before accepting your order. If we accept and process your order where a pricing error is obvious and you could have reasonably recognised as mispricing, we may end the contract and refund you any sums you have paid.
When you must pay and how you must pay. We accept payment with Paypal, American Express, Discover, Mastercard, Visa or bank transfer. You must pay for the products before we dispatch them.
Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. This is charged at the rate of 4% a year above the base lending rate of the Royal Bank of Scotland from time to time. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
We are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1.
When we are liable for damage caused by defective digital content. If we have supplied defective digital content that damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. We will not be liable for damage you could have avoided by following our advice to apply an update offered to you free of charge or for damage caused by you failing to follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms will limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 16.1:
we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
17. How we may use your personal information
18. Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it. We will refund you any payments you have made in advance for products we have not provided.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not contact you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.