Terms and Conditions of Business

1 Ordering Product 

1.1 We, surfprint.com of 120 Main Street, Largs, North Ayrshire KA30 8JN ('we' or 'us' or 'our'), will supply to you, the person named in the 'Delivery Details' you completed on this website, www.surfprint.com, the personalised product made to your individual specification (the 'Product') at the address shown in your 'Delivery Details'. 

1.2 We intend to supply you with your Product once you have ordered the Product. 

1.3 You order through this website by completing the 'Order' and checking that all the information, including personalised design for your Product and all taxes, postage, packaging, and delivery costs set out in the Order are to your satisfaction. Complete the Order and send it to us by clicking the appropriate buttons. 

1.4 You acknowledge that by completing and submitting your Order to us, you have reviewed the information provided, understand the rights and respective limitations, and you wish to make an offer to purchase the Product on the terms and conditions set out in this Agreement. Cancelling an order once purchased will result in a £10 administration charge - this is only possible within one hour of purchase. 

1.5 You warrant and undertake to us that any intellectual rights incorporated in the information and design for your Product does not infringe any intellectual property or other rights of any third party and we have the right to use the information and design that you have given to us for the purpose of this Agreement. You will indemnify us in respect of any claim relating thereto (including all reasonable legal expenses). 

1.6 We reserve the right to decline any order without giving any reason. In the occurrence of such an event, a full refund will be made. 

2 Description of the Product 

2.1 The main characteristics of the Product are described on this website as notified to you during the interactive design stage of your Product prior to submitting the Order. Your submitted Order indicates that you have reviewed and satisfied yourself in respect of the main characteristics of the Product including the design and lay-out and the correct spelling of any names and words, and correct details of any postal address, telephone, fax, and/or e-mail details. A £10 administration fee will be charged if we are required to correct an error on your behalf. 

2.2 We are offering this personalised service which allows you to specify, design, and proof the Product prior to printing. You acknowledge that after you had the opportunity to review and proof the Product by submitting the Order you are committing irrevocably to the printing and ordering of your Product. 

2.3 All accepted orders are binding and no returns will be accepted unless a fault or negligence can be proven. This does not affect your statutory rights. 

3 Price 

3.1 The price payable for the Product will be made known to you in advance of the completion of your Order. 

4 Payment Terms 

4.1 You must pay us the Price for the Product by using either a debit or a credit card. The Price will be debited to your debit or credit card by WorldPay with immediate effect. 

4.2 Value added tax will be charged, if applicable, at the rate ruling on the date of Order. 

5 Delivery

5.1 Subject to acceptance of your Order, we aim to despatch the Product to you within the number of days selected by you on the appropriate screen. Where we are unable to meet this delivery period we shall notify you of this and the expected day of delivery at the e-mail address you have given in your Registration. You may cancel the Order by intimating this to us in writing or by e-mail within one working day of our notification to you of the delay and receive a full refund if you do not wish to wait for the revised date of delivery. 

5.2 We will deliver the Product to the address on your 'Delivery Details', which is not necessarily the address registered with your credit/debit card bank. 

5.3 We will not be responsible for any loss of trade or profit occurring to you as a result of delay in delivery or delivery of an incorrect or faulty Product. 

5.4 Risk in the Product passes to you on delivery of the Product to you. 

6 Acceptance of Product 

6.1 In the event of the Product being faulty and/or the occurrence of negligence, you may return the Product to us for a full refund or replacement within 14 working days from the date of receipt of the Product. If you have cause for complaint, please contact us immediately. We will attempt to resolve the dispute within 14 working days and to keep you informed of progress if the dispute remains unresolved. 

6.2 We are not responsible for any text or composition errors you may have made. If you are in any doubt we would recommend purchasing a small order to start for a trial. 

7 Use of your Personal Data 

7.1 You expressly consent that we may use the personal data you have given to us in the Order solely for the purpose of this Agreement. 

7.2 Our obligations under this Agreement include the disclosure of your personal data to the companies and organisations engaged to supply and deliver the Product to you including the printers of the Products, UPS Royal Mail and other relevant postal authorities. 

7.3 You acknowledge that after having been advised of the purposes and circumstances under which your personal data may be used, processed, and disclosed to other parties as detailed in these terms and conditions and on the website, you explicitly consent to the disclosure and the transfer of your sensitive personal data to the printers of the Product and relevant postal authorities. 

7.4 All data received by surfprint.com is governed by the Data Protection Act (1998) PART II Chapter 29.

Part of this Act has been reproduced below:
RIGHTS OF DATA SUBJECTS AND OTHERS Right of access to personal data. 
7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled- (a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller, (b) if that is the case, to be given by the data controller a description of- (i) the personal data of which that individual is the data subject, (ii) the purposes for which they are being or are to be processed, and (iii) the recipients or classes of recipients to whom they are or may be disclosed, 
(c) to have communicated to him in an intelligible form- (i) the information constituting any personal data of which that individual is the data subject, and (ii) any information available to the data controller as to the source of those data. 
© Crown Copyright 1998
The entire internet version of the Data Protection Act 1998 Chapter 29 is available at www.hmso.gov.uk/acts/acts1998/19980029.htm. 

8 Remedies and Liabilities 

8.1 Consumer
(a) Nothing in this Agreement will affect your legal rights as a consumer.
(b) We accept liability for damage that arises from the Product proving defective whilst in use as a result of the negligence of a person concerned in the printing or distribution of the Product, or breach of the implied undertaking as to ownership of the Product.
(c) We accept liability for death or personal injury caused to you as a result of our negligence or the negligence of our employees.
(d) In all cases not described in Clauses 8.1(b) to 8.1(c) our total liability to you (whether in contract, delict, including negligence or otherwise) will not at any time exceed in aggregate either the sum of £50 or an amount equal to the price paid by you and the costs of returning the product to us.
(e) This Clause 8.1 survives termination of this Agreement for any reason. 

8.2 Business
(a) Nothing in this Agreement will affect your legal rights as a business.
(b) We accept liability for damage that arises from the Product proving defective whilst in use as a result of the negligence of a person concerned in the printing or distribution of the Product, or breach of the implied undertaking as to ownership of the Product.
(c) We accept liability for death or personal injury caused to you and/or your employee(s) as a result of our negligence or the negligence of our employees.
(d) In all cases not described in Clauses 8.2(b) to 8.2(c) our total liability to you (whether in contract, delict, including negligence or otherwise) will not at any time exceed in aggregate either the sum of £50 or an amount equal to the price paid by you and the costs of returning the product to us.
(e) This Clause 8.2 survives termination of this Agreement for any reason. 

9 Events beyond our control 

9.1 We are not responsible for any delay or failure in carrying out our duties under this Agreement if the delay or failure is caused by circumstances beyond our reasonable control. These circumstances include: Act of God; legislation; war; civil commotion; riot; flood; drought; fire; failure of power supply; lock-out; the postal service; and strike. You must allow us reasonable time to carry out our duties in these circumstances. 

10 Notices 

10.1 Any documents which you or we must give shall be sent by electronic mail. If to us, please use the following address: If to you, at the email address you have notified to us in your Registration. 

11 Entire Agreement 

11.1 This Agreement constitutes the entire agreement between you and us. The terms of any other electronic message, order, or any other communications you may have sent to us not forming part of your Order will not apply. 

12 Severability 

12.1 If a court decides that any part of this Agreement is not valid or cannot be enforced, that part will not apply. All other parts of this Agreement will continue to apply. 

13 Changing the Contract 

13.1 If we decide not to enforce a right under this Agreement, this does not prevent us from enforcing that right in the future. 

13.2 This agreement cannot be altered by you or us except in writing on hard copy paper signed by you and us. 

14 Governing Law 

14.1 This agreement will be governed by Scottish law and will be subject to the non-exclusive jurisdiction of the Scottish courts. 

15 Copyright 

15.1 surfprint.com's website content and design are the property of Largs Printing Company. Reproduction of content without our written permission is only allowed to the extent it is the result of the proper use of the online design tool software, or capture of customer-related order information. Users do not receive any copyright rights to the site content. 

15.2 surfprint.com's software is the property of Largs Printing Company. The unwarranted use of this software without prior permission from Largs Printing Company will result in the maximum punishment admissible by Scottish Law. 

15.3 Graphics made available to the user by surfprint.com are under non-exclusive license from Bright Ideas, Corel,  Shutterstock, or are the exclusive property of surfprint.com. 

15.4 All fonts made available to the user by surfprint.com are under non-exclusive license from Corel and Microsoft. 

16 Illegal Matter 

16.1 surfprint.com shall not be required to print or design any matter which, in our opinion, is or may be of an illegal or libelous nature or any infringement of the proprietary or other rights of any third party. In the occurrence of such an event, a full refund will be made. 

17 Security Statement 

17.1 Our server operating systems can only be accessed by our authorised employees and accredited agents who utilise a strong electronic password system. All credit card and payment details are handled directly through WorldPay or Paypal on a secured encrypted server, thus surfprint.com never have sight of credit card details.