The following terms and conditions (“the Conditions”) govern your (“You” “Your”) relationship with Lithocraft LTD (Company No. 2702989) whose registered office is 35a Dane Road Coventry CV2 4JR trading as Ocean Digital, whose registered office is Ocean Digital, 35a Dane Road Coventry CV2 4JR (“We”, Us”, “Our”) for the provision of printing services which may include the supply of printed cards and other products ("the Services"). Please read them carefully as they affect your rights and liabilities under the law. If you do not understand any part of the Conditions please contact info@oceandigital.co.uk or telephone our helpline on the number displayed on our website for further information and clarification. If you do not agree to the Conditions, please do not use the site at www.oceandigital.co.uk (“the Site”).
Nothing in these Conditions shall affect your statutory rights as a consumer.
1. Our Contract
1.1 These Conditions will apply to any contract between You and Us for the provision of the Services (the "Contract"), and no other terms and conditions will apply to the Contract. You should not rely on any statement, promise or representation made by Us which is not set out in these Conditions.
1.2 At any time You may build an order for Our Services by using the Site. You can see the price for providing such Services by accessing either the Shopping Basket, or individual product pages.
1.3 When You place an order to purchase Services from Us based upon the contents of Your shopping basket, We will send you an e-mail confirming receipt of Your order and containing details of Your order (the "Order Confirmation"). You must ensure that Your order is accurate in all respects as We will not be liable for any breach of the Conditions as a result of Your mistakes.
1.4 Your order represents an offer to Us to purchase a Service which is accepted by Us and becomes a legally binding contract between You and Us when We send the Order Confirmation.
1.5 Acceptance will be complete at the time We send the Order Confirmation to You. Any Services on the same order which We have not confirmed in the Order Confirmation to have been ordered do not form part of that contract.
1.6 At some point after We send the Order Confirmation (usually within 24 hours) We will release the details of Your order from Our site, change the status of Your order from "pending" to "in progress", begin to process Your order and take payment from Your credit card. This is known as "Release".
1.7 We will send You a further e-mail when We dispatch and send out Your order (the "Dispatch Confirmation E-mail").
2. Services
2.1 From this Site We can provide You with the following Services:
2.2 Printed greetings cards with unprinted envelopes sent to You or to a single alternate delivery address nominated by You;
2.3 The Services will be as described in the Order Confirmation.
2.4 We will provide the Services with reasonable skill and care and we warrant that any goods provided will, upon delivery, be of satisfactory quality and be reasonably fit for their purpose.
3. Delivery
3.1 We will deliver the Services to You within 10 working days from the time we receive confirmation from you that the PDF proof we supply is approved, in accordance with the Order Confirmation. However We aim to deliver the Services within 7 working days, (working days being Monday to Friday).
3.2 All Our Services will be delivered to You by Parcel Force or Royal Mail.
3.3 If We do not think that We can deliver the Services to You within the time agreed, We will contact You before the date delivery was due and will suggest a new date for delivery. If You do not agree to the suggested delivery date You may cancel the Contract and We will refund the total price You have paid under the Contract, including any delivery charges within 30 days.
3.4 Clause 3.1 above will not apply where You have provided an incorrect delivery address or where Parcel Force/Royal Mail are unable to deliver to You because You are not available to sign for delivery.
3.5 [When We deliver Services directly to You or Your recipients We will act as Your agent and you authorise Us to pay Royal Mail for delivery on your behalf.]
4. Returns
4.1 We do not operate a returns policy as Our Services are bespoke.
5. Cancellation
5.1 You may cancel your order at any time before Release. You may not cancel Your order after Release as we will then have begun to process and print Your personal order which We will not be able to re-sell to any third party.
5.2 If You wish to cancel Your order You should telephone our helpline and We will advise You whether or not We have released Your order and whether or not You can cancel.
5.3 You understand and acknowledge that the Services We provide to You from this Site are bespoke and personal to You and made to Your specification. Accordingly You acknowledge that You do not have a right to a "cooling off" period during which You can cancel the Services under the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and therefore that you can only cancel in accordance with Clause 5.1 above.
6. Your Obligations
6.1 In order to allow Us to provide You with the Services You require it is important that You comply with the following obligations:
6.1.1 to ensure that Your contact and delivery details and the contact and delivery details of any third party who is to receive the Services are correct;
6.1.2 not to use the Services for any immoral or illegal purpose, or to infringe any third party’s intellectual property rights or their rights under data protection laws or to distribute unsolicited advertising or junk mail;
We cannot be liable in any way for Your breach of these obligations. If You have any queries or do not understand Your obligations please contact info@oceandigital.com.
7. Price and Payment
7.1 The prices payable for the Services that You order are clearly set out on the Order Confirmation. If, by mistake, We have under-priced a service, We will not be liable to supply that service to You at the stated price, provided that We notify you before dispatch and give You the opportunity to cancel. All prices are expressed inclusive of VAT payable unless otherwise stated.
7.2 You can pay by most credit/debit cards, MasterCard or Visa credit card, Switch or Delta debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged for products at Release when We release the details of Your Order from our Site for processing and printing. This is prior to dispatch.
8. Expiry Date on Payment Card
Please ensure that the expiry date on Your payment card is after the anticipated delivery date of Your order. Payment is taken at the point of Release for billing and in the event that the payment card has expired We will be unable to take payment and fulfil Your order. If we are unable to take payment You will receive an automated e-mail from Us explaining that Your card has failed and that We cannot fulfil Your order. If You would like Us to continue with Your order You should contact Us and provide payment by an alternative credit card.
9. Availability
The list availability information for services provided by Us on the Site is included on each product information page. Beyond what We say on that page or otherwise on the Site, We cannot be more specific about availability. Please note that delivery estimates are just that. Time for delivery is not of the essence. As We process Your order, We will inform You by e-mail if any Services You order turn out to be unavailable.
10. Customer Complaint
10.1 In the unlikely event You are dissatisfied with Our Services You should e-mail info@oceandigital.co.uk or telephone Our helpline with details of Your complaint.
10.2 We will acknowledge Your complaint within 5 working days, giving You the name of the person dealing with Your complaint.
10.3 We guarantee that We will investigate Your complaint thoroughly.
10.4 We aim to provide You with a full response within 10 working days.
10.5 If We believe Your complaint to be valid We will provide You with a full refund or re-perform the Services.
11. Distance Selling Regulations
We are obliged by law to provide You, prior to the date We accept Your order, with certain information in relation to the contract and Your rights under it. This information appears throughout the Conditions and on Our Site.
12. Electronic Communications
12.1 When You visit the Site or send e-mails to Us, You are communicating with Us electronically. We communicate with You by e-mail or by posting notices on the Site. For contractual purposes, You consent to receive communication from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications is in writing.
13. Liability
13.1 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence, or for fraudulent misrepresentation.
13.2 Subject to Clause 15.1 Our total liability to You, arising in connection with the performance of the Contract, shall be limited to the amount You have paid under the Contract.
13.3 Subject to Clause 15.1 We will not be liable to compensate You for loss or damage You may suffer unless We fail to carry out Our obligations under these Conditions to a reasonable standard or breach any duties imposed on Us by law.
13.4 Subject to Clause 15.1 We will not be liable for losses which are caused by Your own fault or as a result of You breaching any term of this contract.
13.5 We shall only be liable under this Contract for losses which are a reasonably foreseeable consequence of any breach of contract.
13.6 Where You have ordered "Personalised Services" (personalised services are those where You have inserted Your own wording or text or designed Your own cards), You must check that there are no spelling, grammar or other errors and that You are happy with the wording, text, formatting, layout and design. Before adding Your order to the Basket you must tick the box to confirm all the details you have entered on the page are correct and that You understand that this is what will appear on the printed cards. If You do not agree You will not be able to place your order.
13.7 A PDF proof will be supplied to you via email, for approval prior to printing. This must be checked carefully and returned before commencement of the printing process can begin.
14. Indemnity
14.1 In addition to any other remedy available to Us, You agree to irrevocably and unconditionally indemnify Us in full and on demand and keep us so indemnified from and against all claims, demands, actions, proceedings and all damages, losses, costs and expenses (including legal and other professional advisers’ fees and all economic loss whether direct or indirect (including loss of profit, future revenue, reputation or goodwill and anticipated savings)) which are made or bought against or incurred or suffered by Us directly or indirect and whether wholly or in part resulting from (a) Your breach of these Conditions, (b) Your breach of Our privacy policy whether or not such losses or the consequences were foreseeable.
15. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with Our obligations under these Conditions if the delay or failure arises from any cause which is beyond Our reasonable control including, without limitation, where You have provided incorrect information, where Your message mail box is full and You cannot receive additional messages, when Your phone is switched off or out of range or for some other reason You cannot be reached, acts of God, government actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other labour disputes. This Condition does not affect Your statutory rights.
16. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to the Site, policies, and the Conditions at any time. You will be subject to the policies and Conditions in force at the time that You use the Site or that You order products from Us, unless any change to those policies or the Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these Conditions is deemed invalid, void, or for any reason unenforceable, that Condition will be deemed severable and will not affect the validity and enforceability of any remaining Condition.
17. Waiver/Invalidity
17.1 If any Condition is found to be invalid or unenforceable it shall be severable and the remaining provisions shall continue in full force and effect.
17.2 If You breach the Conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach the Conditions.
18. Entire Agreement
18.1 These Conditions contain the entire agreement and understanding between the parties in relation to the subject matter of these Conditions, and each party acknowledges that it has not relied upon any oral or written representations made to it by the other party or its employees or agents.
19. Assignment/Third Parties
19.1 You may not assign the Conditions or any part of the contract between Us. You and We do not intend that any Condition shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
20. Termination
Upon termination of the Contract for whatever reason We shall have no further obligations towards You although termination shall not affect any of Our rights. Any sums due to Us from You shall become payable immediately.
21. Intellectual Property
All intellectual property rights vested in the Site, the content of the Site or the services that We provide shall belong to Us absolutely (or have been licensed to Us). All rights are reserved.
22. Governing Law and Jurisdiction
22.1 The Conditions are governed by and construed in accordance with the laws of England and Wales. You agree as We do to submit to the non-exclusive jurisdiction of the English courts.
22.2 This Site is not intended for distribution to, or use by, any person in a country where such distribution or use would be contrary to local laws or regulations.
