Terms and Conditions
© Copyright Smartunit Ltd. 2016. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws.
All the text, graphics, design, content, and other works are the copyrighted works of Smartunit Ltd.
1. TERMS AND CONDITIONS OF USE
Welcome to Smartunit Ltd. web site (https://www.smartunit.co.uk). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. The information and materials provided by Smartunit Ltd. may be used for informational purposes only. By using, accessing or downloading materials from this Web site you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the SMARTUNIT Web site, both now and in the future.
Smartunit Ltd. may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this Web site.
By placing an order through our site, you warrant that:
1.1 You are legally capable of entering into binding contracts; and
1.2 You are at least 18 years old
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the "Order Confirmation"). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us ("Contract") will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
2.2 As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order.
2.3 If paying by cheque the order will not begun to be processed until the money has cleared into our account, usually 3-5 days from the date that we receive the check. Check must be made payable to Smartunit Ltd.
You may view, download and copy information and materials available on this Web site solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of Smartunit Ltd. products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
4. OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Web site are the copyrighted works of Smartunit Ltd., and any unauthorized use of that information or materials may violate copyright, trademark and other laws.
Any rights not expressly granted herein are reserved.
5. TRADEMARK INFORMATION
SMARTUNIT's trademarks may be used only with written permission from Smartunit Ltd. and SMARTUNIT are registered trademarks or trademarks of Smartunit Ltd. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Smartunit Ltd. or any third party.
6. MATERIAL AND INFORMATION PROVIDED BY YOU
6.1 Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out in our acceptable use policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
6.2 In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our site will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
6.3 Failure to follow our site's preparatory instructions for uploading your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
6.4 You must not upload any material that will breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.
6.5 We have the right to remove any material uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy referred to at paragraph 6.1. You will receive a full refund of any sums already paid for an order we do not fulfil.
6.6 You agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Products you have ordered.
6.8 We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that may be uploaded. We may delete your material stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time.
7.1 Prior to producing the Products, we make an electronic proof of the Product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
7.2 Your statutory rights are not affected by these terms and conditions.
8. AVAILABILITY AND DELIVERY
8.1 Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process:
8.1.1 Standard - we aim to despatch within 1 working day from the date of the Order Confirmation for orders made up of under 5000 individual parts, occasionally orders over 5000 individual parts will take 1 extra working day to be despatched;
8.2 Working days are Monday to Friday, excluding UK Bank Holidays.
8.3 An individual part is classes as a stand alone product that may be sold in packages, (e.g. in 1000 letterheads an individual part is 1 letterhead)
8.4 Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
8.5 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address.
8.6 All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient will incur no liability provided that parcel was delivered to the address provided by the purchaser.
9.1 You must notify us within 30 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action.
9.2 The earliest date we can claim against UPS for non-delivery is 15 working days from the date of despatch. We cannot process a reprint before this time. You should notify us by phone or email if your goods have not arrived after 15 working days.
9.3 Once you have notified us in accordance with paragraph 9.2, we will then send you a form to complete and return to us. Once the form is received we will redeliver Products to you, at no further cost or expense to you.
10.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
10.2 You acknowledge that variations in respect of quantities are inherent within the printing industry.
10.3 Our liability in respect of shortages are as follows:
|Quantities||No credit awarded||Refund calculated on a pro rata basis||Missing items replaced|
|25-100||Shortage of up to 5%||Shortage of between 6% to 20% inclusive||Shortage of 21% and over|
|101-1000||Shortage of up to 5%||Shortage of between 6% to 7% inclusive||Shortage of 8% and over|
|1001-5000||Shortage of up to 3%||Shortage of between 4% to 7% inclusive||Shortage of 8% and over|
|5001&over||Shortage of up to 2%||Shortage of between 3% to 4% inclusive||Shortage of 5% and over|
10.4 All overages may be kept by you at no additional cost.
11.1 You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.
12. RISK AND TITLE
12.1 The Products will be at your risk from the time of delivery.
12.2 Ownership of the Products will pass to you on delivery.
13. PRICE AND PAYMENT
13.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
13.2 These prices do not include VAT and delivery costs, which will be added to the total amount due as set out in the Basket section of the online ordering process.
13.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
13.4 We do not store any credit or debit card data.
14. OUR REPLACEMENT POLICY
14.1 If you believe that a Product is defective, we may request that you return the product for our examination.
14.2 Our liability in respect of misprints are as follows;
|Quantities||No credit awarded||Refund calculated on a pro rata basis||Defective items replaced|
|25-100||Misprints of up to 5%||Misprints of between 6% to 20% inclusive||Misprints of 21% and over|
|101-1000||Misprints of up to 5%||Misprints of between 6% to 7% inclusive||Misprints of 8% and over|
|1001-5000||Misprints of up to 3%||Misprints of between 4% to 7% inclusive||Misprints of 8% and over|
|5001&over||Misprints of up to 2%||Misprints of between 3% to 4% inclusive||Misprints of 5% and over|
15.1 Claims for damage, shortages or non delivery must be advised by phone or email within 30 days from the date that the Products were despatched.
15.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 15.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
16. OUR LIABILITY
16.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
16.2 We do not exclude or limit in any way our liability:
16.2.1 For death or personal injury caused by our negligence;
16.2.2 Under section 2(3) of the Consumer Protection Act 1987;
16.2.3 For fraud or fraudulent misrepresentation; or
16.2.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
16.3.1 Any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
16.3.2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
17.1 Claims for damage, shortages or non delivery must be advised by phone or email within 30 days from the date that the Products were despatched.
17.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 17.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
17. 3 Cancellation policy
Smartunit Ltd. follows a transparent and no fuss cancellation policy. Here are the terms of the policy:
- All cancellation requests should be sent to our billing department or communicated to your Account Manager. The cancellation will not be valid until it is confirmed by the respective department.
- Cancellation requests will be considered only when the request is made within 12 hours of placing the order and execution of the project has not started already.
- Smartunit Ltd. will not be held responsible for any third party services, such as hosting, web development, content writing etc.
17.4 Refund policy
Due to the nature of its services, Smartunit Ltd. does not guarantee any refunds upon cancellation.
In case of monthly payment, it is understood that payment for next month is released only after reviewing the current month's performance.
Smartunit Ltd. does not make any guarantees on the basis of traffic/rankings etc. and will not be held responsible for any refund claims thereof.
18. WRITTEN COMMUNICATIONS
18.1 When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
19.1 You must give notice to www.smartunit.co.uk Limited either at its registered office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 17.
Notice will be deemed received and properly served:
19.1.1 Within 1 working day when given electronically; and
19.1.2 3 working days after the date of posting of any letter when served by post.
19.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
21.2.1 Strikes, lock-outs or other industrial action;
21.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
21.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
21.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
21.2.5 Impossibility of the use of public or private telecommunications networks; and
21.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
22.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 18 above.
24. LINKS TO OTHER WEB SITES
24.1 As a convenience and to make the Smartunit Ltd. Web site truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. Smartunit Ltd. makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the Smartunit Ltd. Web site is not an indication that Smartunit Ltd.endorses the third party or its site, or has any affiliation with or between Smartunit Ltd. and the third party hosting site.
25.1 All comments, feedback, information or materials submitted to Smartunit Ltd. through or in association with this Web site shall be considered non-confidential and SMARTUNIT's property. By submitting such comments, information, feedback, or materials to Smartunit Ltd. , you agree to a no-charge assignment to Smartunit Ltd. of worldwide rights to use, copy, modify, display and distribute the submissions. Smartunit Ltd. may use such comments, information or materials in any way it chooses in an unrestricted basis.
26. ENTIRE AGREEMENT
26.1 These 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.
26.2 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.
26.3 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.
27. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
27.1 We have the right to revise and amend these terms and conditions from time to time.
27.2 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 Order 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).
28. LAW & JURISDICTION
28.1 Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Disclaimer of warranty
The information on this website is thoroughly checked and regularly updated. However, there is no guarantee that it is complete, accurate and up-to-date. All information may be removed or changed at anytime without prior notification.
Despite meticulous control of the content of our website we do not assume liability for the content of external links. Smartunit Ltd. is not responsible for the content of external websites which are linked to.
For customer support, please login to your account and create a new ticket.
Job applicants, please visit our jobs section.
If you have any issues with your order, please contact one of our customer service specialists.
Phone number: 0203 1373 359
Email address: sales @ smartunit.co.uk
Available Monday-Friday, 9.00 am to 5:00 pm
Technical support team
If you have any technical issues, please contact one of our technicians.
Technical Support Hours:
Available Monday – Saturday: 8:30 am – 6:00 pm
Mobile number: 0773.377.4329
Email address: support @ smartunit.co.uk
More support options:
Company Number 09771391
86-90 Paul Street