Packtype your Team

1. DEFINITIONS 1.1 In these Conditions:
"Packtypes" means Friendly Publishing Limited a company incorporated in England and Wales under company number 05439503 and having its registered office at 20 Sansome Walk, Worcester, England, WR1 1LR;
“Consumer” means a consumer within the meaning of S12 of the Unfair Contracts Terms Act 1977;
"the Goods" means the goods supplied to you;
"the Website" means www.packtypes.com;
"you/your" means the party placing an order with Packtypes.
2. CONTRACT 2.1 These Conditions, together with all schedules, annexes and order forms form part of, and apply to, all quotations given, orders accepted and contracts entered into by Packtypes with you for the supply of goods (“Agreement”). All other terms and conditions, whether oral or written, and whether expressly stipulated by you or implied by trade custom, course of dealing or otherwise, are excluded. No variation to these Conditions will be effective unless agreed in writing by an authorised representative of Packtypes.
3. ORDER 3.1 Orders are not binding on Packtypes until the order is accepted in writing by Packtypes. Packtypes may decline to accept any order.
3.2 You shall be responsible to Packtypes for ensuring the accuracy of the terms of any order, submitted by you, and that the order is submitted within sufficient time to enable Packtypes to perform the Agreement by any deadline.
3.3 The quantity, quality and description of the Goods shall be that set out in your order or as otherwise agreed in writing by Packtypes.
3.4 No order which has been accepted by Packtypes may be cancelled by you except with the agreement in writing of Packtypes and you shall indemnify Packtypes against all losses, costs, damages, charges and expenses incurred by Packtypes as a result of such a cancellation, save that if you are a Consumer you may, within seven working days of the delivery of the Goods, cancel this Agreement and return the Goods to Packtypes at your risk and expense in the same condition as you received them. Any refund payable will be made within 30 days of Packtypes receipt of the returned Goods.
3.5 Any alteration including without limitation any change of quantity or delivery schedules of the Goods shall be subject to agreement in writing by Packtypes and Packtypes shall be entitled to adjust the price for the Goods accordingly.
4. PRICES AND PAYMENT 4.1 The price of the Goods shall be the price quoted by Packtypes, or, where no quotation has been provided, the price as set out in Packtypes published price list from time to time.
4.2 All prices quoted are exclusive of VAT, packaging, shipping and handling, which where applicable, shall be charged in addition. Packaging, shipping and handling costs will be shown on the Website if you order on-line.
4.3 Payment is due on acceptance of the order by Packtypes and should be made by BACS transfer or by credit or debit card for on-line payments.
4.4 The Goods will not be dispatched to you until payment in full of all sums specified in clauses 4.1 and 4.2 has been received by Packtypes unless otherwise agreed in writing by Packtypes.
4.5 If you have agreed in writing a credit arrangement with Packtypes, payment shall be made within 30 days of the date of any invoice sent by Packtypes to you. Where payment is not received by the due date Packtypes may, without prejudice to any other right or remedy available to it charge interest before and after judgment (calculated annually but accruing on a daily basis) on the accrued sum outstanding at the rate of 8% per annum above Barclays Bank plc base rate for the time being and charge you the cost of recovery of all sums due to Packtypes from you. You shall furthermore indemnify Packtypes against all costs and expenses (including reasonable legal costs and fees on a full indemnity basis) incurred or sustained by Packtypes in recovering sums due in each case without prejudice to any other rights and remedies available to Packtypes; and/or suspend further deliveries to you and/or recover the Goods and/or treat this Agreement as repudiated.
4.6 Packtypes will try and ensure that all prices on the Website are accurate. However, errors may occur. If Packtypes discovers an error in the price of the Goods ordered Packtypes will inform you as soon as possible and give you the option of reconfirming order at the correct price or cancelling it. If Packtypes is not able to contact you, Packtypes will treat the Agreement as cancelled.
5. DELIVERY 5.1 Packtypes shall use all reasonable endeavours to supply the Goods to you provided that no guarantee to comply with delivery dates is given by Packtypes whether or not specified in an order accepted by Packtypes; and Packtypes shall not be liable for any loss to you if the delivery of any Goods is delayed or any order is not completed.
5.2 Risk in the Goods shall pass to you as soon as the Goods are shipped by Packtypes. Title in the Goods shall remain with Packtypes until all sums due to Packtypes from you in respect of the Goods have been received by Packtypes.
5.3 You shall inspect the Goods immediately on delivery. Any shortages or apparent defects of Goods must be notified to Packtypes within 5 working days of delivery and the Goods returned to Packtypes. If you do not give notice within such period the Goods shall be deemed to have been accepted by you.
5.4 If Packtypes is satisfied that the defect notified in accordance with Clause 5.1 is not due to damage in transit or due to the actions of you or any third party, it shall refund the price paid for the Goods and any associated shipping costs. Packtypes shall not be liable for any further claims for direct, indirect or consequential damage or loss and its sole obligation shall be the making of such refund.
6. WARRANTY 6.1 Packtypes gives no warranties or representations as to the accuracy, completeness, relevance or reliability of any information contained in the Goods.
6.2 Should any defect in the Goods become apparent within 3 months from the date of delivery which is proved to Packtypes satisfaction to be the result of defective material or workmanship and not caused by fair wear and tear or accident, Packtypes, shall refund the price paid for the Goods and any associated shipping costs.
6.3 The warranty in Clause 6.2 shall not apply in respect of defects which would have been reasonably apparent to you on reasonable examination of the Goods on delivery and which have not been notified to Packtypes in accordance with Clause 5.4 hereof; and defects which are not reported to Packtypes within 30 days of the defect becoming apparent.
6.3 This warranty does not cover any damage caused to the Goods by any use contrary to any instructions issued by Packtypes concerning the use of the Goods.
6.5 The above warranties shall be limited to the refund of the sums paid for the Goods in respect of which the defect arises under this Agreement, and shall not apply to any direct or indirect or consequential liability, loss, injury or damage arising through any such defect.
7. CONFIDENTIALITY & DATA PROTECTION 7.1 Each Party undertakes not to use the other party’s Confidential Information otherwise than in the exercise and performance of its rights and obligations under the Agreement (the “Permitted Purposes”).
7.2 More specifically, the Parties shall treat as confidential all Confidential Information supplied by the other Party and not divulge any such Confidential Information to any person except to its own employees, agents and subcontractors, and then only to those who need to know it for the Permitted Purposes and where a written obligation of confidentiality is in place.
7.3 The restrictions imposed by this clause 7 shall not apply to the disclosure of any Confidential Information that is now in, or hereafter comes into, the public domain (otherwise than as a result of a breach of this Agreement), was known by the receiving party prior to entering into this agreement or clause, or where such disclosure is required by law or regulation.
7.4 “Confidential Information” means all information of a proprietary or confidential nature (whether or not stored in any permanent medium) and not publicly known which is owned by either party or which is used in or otherwise relates to the business, customers or financial or other affairs of a party.
7.5 Packtypes shall comply with all applicable data protection laws in delivering all products and services pursuant to this Agreement.
8. LIABILITY 8.1 Subject to clauses 5.4 and 6.2, Packtypes gives no warranties and makes no representations in relation to this Agreement, and, to the fullest extent permitted by law, any warranties expressed or implied, statutory or otherwise are hereby excluded.
8.2 Under no circumstances shall Packtypes be liable, for breach of contract, breach of statutory duty, in tort (including negligence) or otherwise, for any loss of profit, revenue, savings, goodwill, business or other financial loss of any kind, or for any indirect or consequential loss whatsoever arising out of or in connection with this Agreement.
8.3 If in spite of provisions in this Agreement which purport to exclude or limit Packtypes liability, Packtypes is found liable, then Packtypes liability, for breach of contract, breach of statutory duty, in tort (including negligence) or otherwise, shall be limited to the sums paid for the Goods in connection with which such liability arises.
8.4 Nothing in these Conditions excludes or limits liability for fraud or for death or personal injury caused by Packtypes negligence.
8.5 You shall indemnify and keep indemnified Packtypes against all claims, proceedings, losses (direct or indirect) and expenses in connection with any liability of Packtypes in connection with the Goods including the use, supply or resale (if applicable) of the Goods.
8.6 Packtypes shall not be under liability to you in respect of any failure to perform or delay in performing any of its contractual obligations to you attributable to any cause of whatsoever nature beyond Packtypes reasonable control including without limitation any delays caused by third parties in supplying any services or materials, and no such failure or delay shall be deemed for any purpose to constitute a breach of contract.
8.7 If you are a Consumer, your statutory rights are not affected.
9. MISCELLANEOUS 9.1 You acknowledge that in entering into the Agreement, you have not relied on any written or oral representations made by or on behalf of Packtypes save as set forth in writing and expressly included in this Agreement, provided that nothing in this clause should be construed or limiting liability for fraud. Packtypes shall have no liability for any representation not so reduced to writing and incorporated in this Agreement.
9.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or other such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Notices served by facsimile will be deemed received when sent, subject to issue of a valid transmission slip, or, if served by post, will be deemed received 2 business days after posting.
9.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of these Conditions and the remainder of the provisions in question shall not be affected thereby.
9.4 Nothing in this Agreement is intended to confer any benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, and no third party shall have the right to enforce any rights under this Agreement, except where otherwise agreed in writing.
9.5 This Agreement shall be construed and take effect in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of this Agreement.