Terms of Sale – EVOKEPRINT PTE LTD
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.evokeprint.com.sg ("our site") to you. Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability at paragraph 15 below. Should you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.
02. YOUR STATUS
03. CONTRACT FORMATION
04. USE OF OUR DESIGNS
05. MATERIAL AND INFORMATION
PROVIDED BY YOU
07. AVAILABILITY AND DELIVERY
11. RISK AND TITLE
12. PRICE AND PAYMENT
1. INFORMATION ABOUT US
Our site is a site operated by EVOKEPRINT PTE LTD. ("we/us/our"). We are registered in Singapore under the Singapore Company Act. Our company registration number is 201429329H.
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
3. CONTRACT FORMATION
3.1 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.
3.2 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.
3.3 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 EVOKEPRINT PTE LTD
4. USE OF OUR DESIGNS
4.1 All designs are owned by or licensed to us. If you pay us the appropriate determined fee, which will be commensurate with the complexity of the work involved, we shall grant to you a non-exclusive perpetual licence for you to use those designs on your advertising material PROVIDED that you do not use the designs on any product intended for sale or resale by you.
4.2 Fees for design work do not entitle you to the ownership of artwork. Because we provide the design service at a highly discounted rate, the use of the artwork is limited to our printing services only, i.e. its use must be bundled with a print project done with us. Should you wish to take full ownership of the artwork, we will need to charge a fee which will be commensurate with the complexity of the work involved.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
5.1 Whenever you upload material to us, you must ensure that the material 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.
5.2 In addition to complying with our acceptable use policy, you agree that all material uploaded by you 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.
5.3 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.
5.4 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.
5.5 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 on paragraph 5.1. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.6 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.
5.8 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.
6.1 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.
6.2 Your statutory rights are not affected by these terms and conditions.
7. AVAILABILITY AND DELIVERY
7.1 Your Products will be despatched for delivery as soon as the printing process is complete. While we endeavour to provide timely service, some delays might occur due to unforeseen circumstances. Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
7.1.1 Do inform us if you have a specific date before which the product must be received. Depending
on our current workload, we will try prioritize our schedule in advance to fulfil your requirements.
7.2 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.
7.3 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.
7.4 7.4 Our working days are Monday to Saturday, excluding Public Holidays.
8.1 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.
8.2 Leadtimes & delivery dates indicated by us are best estimates. Actual leadtimes & delivery dates may defer from such estimates. In the absence of extraordinary circumstances, we fulfill most of our orders within the estimates provided.
9.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
9.2 You acknowledge that variations in respect of quantities are inherent within the printing industry.
9.3 Our liability in respect of shortages is 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|
9.4 All extra quantities may be kept by you at no additional cost.
10.1 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.
10.2 Once the print preview is confirmed and sent to print, no further changes are allowed. We are not responsible for any content and typo errors thereafter.
10.3 Colour variance is around the 10%-15% range for CMYK printing. Colour variance might occur between print runs or within the same print run.
10.4 Printing done using Pantone Matching Systems (PMS) will assist us in reducing colour variance but will not completely eliminate it; colours printed using PMS will still suffer from possible variation within the same batch and between batches, though at a lesser extent than CMYK printing.
10.5 Cut position variance of final product within +/-2mm; Foil/Emboss position variance within +/-2mm; Spot UV position variance within +/-2mm
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
12.1 The price of any Products quoted on our site, without consulting with our sales personnel via wirtten email, is an indicative quote meant to be used only as a guide.
12.2 Prices quoted by sales personnel via written email includes GST and delivery to one location in Singapore (non-restricted areas)
12.3 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.
12.4 We do not store any credit or debit card data.
12.5 Late payment, defined as payable outstanding amounts unpaid for more than 30 days after the delivery of goods, is subject to a late penalty fee of 7% per month.
13. OUR REPLACEMENT POLICY
13.1 If you believe that a Product is defective, we may request that you return the product for our examination.
13.2 Due to the inherent technical limitations of offset printing, there is colour variation between screen/document colours and final output colours. This may occur within the same run or between production runs. We do not accept replacements/refunds if colour variance is in the 10-15% range.
13.3 Die-cutting/Trimming has a margin of error of plus minus 1-2mm; it is the responsibility of the client to provide appropriate bleeds and make the necessary allowances after taking into account this margin of error. We do not accept replacement/refunds if the margin of errors falls within the 2mm range
13.4 Foil Stamping/Spot UV has a margin of error of plus minus 1-2mm in position relative to the printed artwork. We do not accept replacement/refunds if the margin of errors falls within the 2mm range
13.4 Our liability in respect of misprints is 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|
14.1 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.
14.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 14.1 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.
15. OUR LIABILITY
15.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
15.2 We do not exclude or limit in any way our liability:
15.2.1 For fraud or fraudulent misrepresentation; or
15.2.2 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
15.3.1 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
15.3.2 2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
16. WRITTEN COMMUNICATIONS
16.1 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.
17.1 You must give notice to www.evokeprint.com.sg 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 16. Notice will be deemed received and properly served:
17.1.1 Within 1 working day when given electronically; and
17.1.2 3 working days after the date of posting of any letter when served by post.
17.2 n proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The Contract is binding on you and us and on our respective successors and assigns.
18.2 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.
18.3 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.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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).
19.2 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.
20.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
21.1 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.
21.2 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.
21.3 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.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 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).
23. LAW AND JURISDICTION
23.1 Contracts for the purchase of Products through our site will be governed by the laws of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Singapore.