Plexaweb Print Terms and Conditions
1. Scope of the Terms and Conditions
1.1. These terms and conditions (the “Print Terms”) govern the provision of print services by Plexaweb, a trading entity of DMV Technology Ltd (hereinafter referred to as “Plexaweb” or “we”), to our customers (hereinafter referred to as the “Customer” or “you”). The Print Terms are to be read in conjunction with our General Terms and Conditions.
1.2. These Print Terms shall exclusively apply to all contracts entered into between Plexaweb and the Customer for print services, to the exclusion of any other terms or conditions, including those proposed by the Customer, unless expressly accepted in writing by Plexaweb.
1.3. In the event of any inconsistency between the provisions of these Print Terms and any other documents issued by Plexaweb or made available to the Customer, the provisions of these Print Terms shall prevail.
1.4. The Customer is required to read and understand these Print Terms before placing any print orders with Plexaweb. By placing an order, the Customer agrees to abide by these Print Terms. It is advisable for the Customer to retain a copy of these Print Terms for future reference.
1.5. Plexaweb reserves the right to amend these Print Terms from time to time. It is the Customer’s responsibility to review these terms prior to placing any print orders to ensure awareness of the terms that will be applicable at the time of order.
2. Information About Plexaweb
2.1. Plexaweb operates the print services covered by these terms. Plexaweb, as a trading entity of DMV Technology Ltd, is a company registered in England and Wales.
2.2. To contact Plexaweb, please refer to the Contact page.
3. How the Contract is Formed Between Plexaweb and Customer
3.1. Plexaweb’s print order process is detailed on our website, and the Customer is required to submit an order following the procedure outlined on the website.
3.2. Customers are obliged to register on our website before placing any print orders if they wish to order online. We recommend that the Customer reviews Plexaweb’s Privacy Policy before registering.
3.4. Plexaweb’s order process allows the Customer to review and rectify any errors before submitting an order. The Customer is encouraged to carefully review and verify all orders at each stage of the ordering process.
3.5. Upon placing an order, the Customer will receive an order confirmation from Plexaweb, summarizing the order details (Order Confirmation). However, the issuance of an Order Confirmation does not constitute acceptance of the order. Plexaweb’s acceptance of the order is subject to the conditions outlined in section 3.6.
3.6. The Contract between the Customer and Plexaweb is only considered concluded after the Artwork (as defined in section 5.1 below) has been submitted by the Customer and Plexaweb has sent a separate order confirmation via email (Acceptance of Order). Plexaweb will send the Acceptance of Order via email within five days after receiving the Artwork, marking the date of the Contract’s conclusion.
3.7. The Customer confirms that the transmitted Artwork does not contain any personal data as defined by Article 4, Section 1 of the General Data Protection Regulation (GDPR). If the Customer determines that the conclusion of an order processing contract according to Article 28, Section 3 of the GDPR is necessary, the Customer should contact Plexaweb before finalizing the contract to arrange for such an agreement.
3.8. The provisions of the UN Sales Convention on the International Sale of Goods (CISG) are not applicable to the Contract.
4. Customer Status
4.1. For the purposes of these Print Terms, the Customer shall be considered a business if they enter into the Contract in the course of conducting business activities or if they are purchasing Products not typically intended for private use or consumption.
4.2. If the Customer is purchasing as a consumer:
4.2.1. The Customer may only purchase Products from our website if they are at least 18 years old.
4.2.2. The Customer retains legal rights regarding any faulty or misrepresented Products. For advice on legal rights, the Customer may seek guidance from the Citizens’ Advice Bureau or Trading Standards. These legal rights remain unaffected by these Print Terms.
4.3. If the Customer is purchasing as a business:
4.3.1. The Customer affirms that they possess the authority to represent any business on whose behalf they use our website to purchase Products.
4.3.2. The Customer acknowledges that these Print Terms, along with any documents explicitly referenced within them, constitute the entire agreement between Plexaweb and the Customer. The Customer further acknowledges that they have not relied on any statements, promises, or representations made by or on behalf of Plexaweb that are not explicitly stated in these Print Terms or any referenced documents.
5. Content of the Order and Proof Requirements
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6. Rights of Revocation and Exclusions to Revocation in Consumer Contracts
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7. Communication
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8. Price of the Products and Delivery Charges
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9. Warranty
9.1. If the Customer’s Products arrive in a damaged or defective condition, or if the Customer claims the Products are not as described, the Customer must notify Plexaweb immediately and, in any event, no later than 7 days following the delivery of the Products. Subject to the Customer giving Plexaweb a reasonable opportunity to examine such Products and the Customer (if asked to do so by Plexaweb) returning such Products to Plexaweb at Plexaweb’s cost, subject to condition 9.2, Plexaweb will provide a full refund of the price paid by the Customer, including return postage and packing.
9.2. If the Customer returns any Products to Plexaweb and Plexaweb can prove that they were not damaged or defective when the Customer received them, or that they are as described, Plexaweb may send them back to the Customer, claiming the cost of return postage, and no refund shall be due to the Customer.
9.3. Plexaweb shall not be liable to accept any returned Products from the Customer in circumstances where the Product is based on Artwork produced by the Customer that fails to comply with the Format Requirements stipulated by Plexaweb or where the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
9.4. The details communicated are not guaranteed characteristics but describe or characterize a specific service. Insofar as the Product can still be used for its contractually intended purpose, commercial deviations are permissible. Particularly in the case of colored reproductions in all production processes, including within products in the same order and within the same print run, small color deviations are not defects. This also applies to color deviations on any order previously printed with Plexaweb. The same applies to comparisons between other documents (e.g., digital proofs, color proofs) and the final product. A certain orientation of the paper cannot be guaranteed. Due to production or machinery, unavoidable minor differences in cutting and folding tolerances may occur, which do not entitle the customer to a reprint or compensation. Material changes caused by age or environmental influences do not constitute a defect.
9.5. The specifications of the printing process are not binding. A certain printing process is not guaranteed and is therefore not a reason for a complaint.
9.6. Any deliveries that are over or short (up to 10%) of the ordered amount cannot be objected to due to the insignificance of the deviation. This also applies if the service option to send the order to multiple addresses is selected. The amount sent will be charged. For deliveries of customized paper products of less than 1,000 kg, the percentage increases to 20%, in all other cases, the percentage increases to 15%. Deliveries to consumers are excepted from this provision.
10. Artwork Requirements
10.1. Plexaweb requires that all artwork submitted for printing meets the following requirements:
11. Artwork Check
11.1. Plexaweb offers two types of artwork checks for quality assurance:
Our standard artwork check is included for free and always included. During the standard artwork check, we are verifying whether your artwork is printable at all. If you are not sure whether your artwork is appropriate for an optimal printing quality, please choose our superior artwork check. During this artwork check, we will control your artwork regarding the most frequent error sources.
Our customer service will contact you immediately by email if your artwork present any of the problems mentioned above. Please note that conversions of size and colour mode will be processed automatically and there will be no information. Furthermore, we will not check if the side sequence of your artwork is correct.
Use our “Superior Artwork Check” if you are uncertain whether your artwork meets all our requirements and if a high quality product can be provided. The professional pre-press staff will carry out a review of your artwork files on the basis of the following checklist in addition to the standard artwork check:
If your artwork presents any of the problems mentioned above our customer service will contact you immediately by email or phone. Please note that no automatic conversions/adjustments will be made. Please also note that we will not check if the side sequence of your artwork is correct.
12. Liability
12.1. Liability if Customer is purchasing as a consumer
12.1.1. If Plexaweb fails to comply with these Print Terms, Plexaweb is responsible for any loss or damage suffered by the Customer that is a foreseeable result of Plexaweb’s breach of the Print Terms or Plexaweb’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of Plexaweb’s breach or if they were contemplated by the Customer and Plexaweb at the time the Contract was entered into.
12.1.2. Plexaweb does not in any way exclude or limit its liability for: 12.1.2.1. death or personal injury caused by our negligence; 12.1.2.2. fraud or fraudulent misrepresentation; 12.1.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 12.1.2.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples); and 12.1.2.5. defective products under the Consumer Protection Act 1987.
12.2. Liability if Customer is purchasing as a business
12.2.1. Nothing in these Print Terms limits or excludes Plexaweb’s liability for: 12.2.1.1. death or personal injury caused by our negligence; 12.2.1.2. fraud or fraudulent misrepresentation; 12.2.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or 12.2.1.4. defective products under the Consumer Protection Act 1987.
12.2.2. Subject to section 12.2.1, Plexaweb will under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: 12.2.2.1. any loss of profits, sales, business, or revenue; 12.2.2.2. loss or corruption of data, information, or software; 12.2.2.3. loss of business opportunity; 12.2.2.4. loss of anticipated savings; 12.2.2.5. loss of goodwill; 12.2.2.6. loss of agreements or contracts; or 12.2.2.7. any indirect or consequential loss.
12.2.3. Subject to section 12.2.1 and section 12.2.2, Plexaweb’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
12.2.4. Unless the Customer notifies Plexaweb in writing that they intend to make a claim in respect of an event, Plexaweb shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
12.2.5. Except as expressly stated in these Print Terms, Plexaweb does not give any representation, warranty, or undertaking in relation to the Products. Any representation, condition, or warranty that might be implied or incorporated into these Print Terms by statute, common law, or otherwise is excluded to the fullest extent permitted by law. In particular, Plexaweb will not be responsible for ensuring that the Products are suitable for the Customer’s purposes.
13. Communications Between Plexaweb and Customer
13.1. When these Print Terms refer to “in writing,” this will include e-mail.
13.2. If the Customer is purchasing as a consumer:
13.2.1. To cancel a Contract in accordance with the Customer’s legal right to do so as set out in section 6, the Customer must contact Plexaweb in accordance with section 6.3.
13.2.2. If the Customer wishes to contact Plexaweb in writing for any other reason, the Customer can send this to Plexaweb by e-mail to [email protected]. The Customer can always contact Plexaweb on 02380 004 154.
13.2.3. If Plexaweb has to contact the Customer or give the Customer notice in writing, Plexaweb will do so by e-mail or by pre-paid post to the address the Customer provided in the order.
14. Termination
14.1. Without limiting any of Plexaweb’s rights, Plexaweb may terminate the Contract with immediate effect by giving written notice to the Customer, which is purchasing as a business, if the Customer:
14.1.1. commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of the Customer being notified in writing to do so;
14.1.2. fails to pay any amount due under the Contract on the due date for payment;
14.1.3. takes any step or action in connection with the Customer entering administration, provisional liquidation, or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court unless for the purpose of a solvent restructuring), having a receiver appointed to any of the Customer’s assets, or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
14.1.4. suspends, threatens to suspend, ceases, or threatens to cease to carry on all or a substantial part of its business; or
14.1.5. financial position deteriorates to such an extent that in Plexaweb’s opinion the Customer’s capability to adequately fulfill its obligations under the Contract has been placed in jeopardy.
14.2. In the case of contract cancellation due to the failure of the Customer to cooperate with Plexaweb, especially due to non-sending of error-free artwork files after standard or superior data check and setting of a deadline or lack of print permission, Plexaweb is entitled to demand all costs incurred up to the cancellation from the Customer, in particular for the possibly commissioned extra service “superior data check” as well as for requested proofs. In addition, Plexaweb reserves the right to demand a compensation payment from the Customer. The Customer is permitted to prove that in the concrete case, expenses or damages have not arisen or not to this extent. Plexaweb also remains permitted to prove in individual cases that a higher compensation is appropriate.
14.3. The Customer is entitled to cancel an order free of charge. This is possible as long as the production process has not yet been started on the part of Plexaweb (free cancellation period). The Customer can inform themselves about the status of the order and the possibility of canceling the order free of charge at any time in their customer account. Costs for the possibly commissioned extra service “superior data check” as well as for requested proofs must also be reimbursed by the customer to the amount incurred.
14.4. Plexaweb is entitled to demand a compensation payment from the Customer if the Customer cancels the order after the expiration of the free cancellation period. As soon as production starts (at the latest with the status “in process”) the production process is irreversible, thus the service provided by Plexaweb is to be compensated to the amount of 97% of the order sum, plus any services already provided such as “superior data check” and/or proofs. The Customer is allowed to prove that in concrete cases, expenses or damages to Plexaweb have not arisen or not to this extent. Also, Plexaweb remains permitted in individual cases to prove that a higher compensation is appropriate.
15. Personal Data
15.1. Plexaweb processes personal data in accordance with its Privacy Policy.
15.2. Plexaweb will use the personal information provided by the Customer to: 15.2.1. supply the Products; 15.2.2. inform about similar Products that we provide, but the Customer may stop receiving these at any time by contacting Plexaweb; 15.2.3. process the payment for such Products.
15.3. Save as set out in section 15.4 and section 12, Plexaweb does not pass any personal data to any other third party.
15.4. Plexaweb uses a trusted third party to store the personal data it collects. Further details about this processing are set out in the Privacy Policy.
16. Data Protection Officer
If the Customer has any questions or suggestions regarding the Privacy Policy, please contact Plexaweb’s appointed Data Protection Officer:
17. Archiving
17.1. Plexaweb shall not archive Products belonging to the Customer (including in particular data and media) without prior written agreement and upon such payment terms as Plexaweb shall in its sole discretion determine. The Customer shall be responsible for insuring such archived Products.
18. Trademarks/Copyright
18.1. The Customer guarantees Plexaweb not to place any orders that violate the applicable law of the United Kingdom or ethical values. In particular, the Customer guarantees that the Artwork provided by the Customer:
18.2. The Customer shall be fully and solely liable if the performance of its order violates the rights of third parties. The Customer will indemnify Plexaweb against all claims of third parties, penalties, fines, as well as costs incurred as a result of a breach of this section 18.