Terms & Conditions
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts and order information carefully prior to submitting your approval for your order. Please see Terms and Conditions of Order for more details regarding layout and colour accuracy.
Avery only warrants merchantable materials being used for the ”PRODUCT“. The Product characteristics are such that it can be easy removed from the one suitable surface. The Product always follows more or less the structure of the surface. Although damages of the surface can be excluded and not guaranteed by Avery, the product is designed to minimise such possible damage.
Terms and Conditions
Terms and Conditions of Order
Layout and content:
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Avery reserves the right to refuse to print any material that Avery determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements.
Avery will reproduce colour from submitted digital files as closely and accurately as possible, but cannot exactly match colour and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighbouring image ink requirements. Avery accepts no responsibility whatsoever for colour variations between submitted images and the actual artwork or product they represent. All colours contained within any RGB digital file will be converted to Avery's CMYK colour space. This may cause the RGB colours to visually change due to colour space differences. You should also note that your computer monitor’s calibration affects the colours displayed on your monitor’s screen. The colours on the printed Products may differ from what you see displayed when viewing your layout via the online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not colour or density.
Payment: The fees for Avery products and services, which include the cost of processing, printing, and shipping, are due and payable together with the submission of an order. Avery request cancellation pre-payment on all orders. Any amount due to Avery, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible to reimburse Avery for all collection costs, legal fees and interest, arising out of or related to Customer’s non-payment.
Sales Tax Policy:
Avery is required to collect tax on purchases.
Refunds & Cancellation:
Refunds will be granted based on sole discretion of Avery UK, but Avery will refund or reprint (at the customer’s request) where Avery are deemed at fault. We are not able to take returns. Due to print lead times, we may only be able to uphold cancellations within 24 hours or the order being confirmed online. Once the product has been printed we are unable to cancel the order.
Production Time & Delivery:
Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval - once you click the ”purchase“ button. Please allow additional time for delivery (number of delivery days is dependent upon the delivery service you select). For Avery observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. Avery is not liable for damage caused by service carrier. Carrier claims are limited to 30 pounds sterling. All correspondence regarding the order must include the order number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production.
Infringement Indemnification and Warranty, Limitation of Liability:
You agree to indemnify and hold Avery and its parent company, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your PRODUCT. You acknowledge and understand that copyrighted materials do not per se have to bear a copyright notice in order to be protected by law. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Avery.
The liability of Avery, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by the customer to Avery for its products and services. In no event will Avery be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of the date of the alleged breach by Avery. You hereby waive any Statute of Limitations to the contrary.
Ownership & Limited Use:
By placing an order with Avery, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Avery and; (ii) are authorizing Avery to print such order on your behalf. Any images/graphics, text or other materials supplied to Avery by the customer will remain the sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Avery. But, any additional materials created by Avery in the production of an order, (including but not limited to: design layouts, colour scans, fonts, high-resolution digital files etc...) are and shall remain the sole property of Avery. Digital files of an Avery assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. Digital files will NOT be sold or traded to any other party. Avery reserves the right to reprint and distribute your finished product as an example of an Avery product for any and all promotional purposes. This promotional distribution may include but is not limited to Avery’s collateral marketing materials, website, affiliates’ websites, affiliate programs, catalogues of others, emails, and any other marketing in any medium that Avery may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to Avery at the following email address: [email protected] Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed. Please note that we preserve the right to delete saved projects after 36 months.
Sections 5 and 6 of Avery's Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of the date of the alleged breach by Avery. You hereby waive any Statute of Limitations to the contrary.
Terms and Conditions of Use/Website
We grant you a nonexclusive, non-transferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Avery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avery without our express written consent. You may not use any meta tags or any other ”hidden text“ utilizing Avery’s name or trademarks without the express written consent of Avery. Any unauthorized use terminates the license granted herein by Avery. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of averybrandandprint.co.uk so long as the link does not portray Avery, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Avery logo or other proprietary graphic or trademark as part of the link without express written permission.
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Avery employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libellous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offence; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, ”spamming,“ solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
Usage and Monitoring
If you do submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Avery for all claims resulting from content you supply. Avery respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately via email at [email protected]
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Avery or its content suppliers and is protected by the United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Avery and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
Avery and all other Avery brands, product names, and codes are trademarks of Avery UK (a division of CCL Label Limited).
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Avery has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Avery is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Avery reserves the right to terminate any link at any time.
All items purchased from Avery are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer and Limitation of Damages
(a) Avery is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided ”as is,“ without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Avery makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error-free. In no event will Avery, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Avery reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. Neither Avery nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material accessed through or obtained by means of the Site.
(d) We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold Avery and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, of any intellectual property or other right of any person or entity.
Avery operates the Site from its offices in the United Kingdom and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Avery to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. and/or EU export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of England and Wales as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction solely in and any action brought in connection with the Site or Site content shall be brought before the applicable court in England or Wales. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Avery or any of its officers, employees, agents or representatives, such as where notice to Avery is required by contract, or any law, rules or regulations.
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