Terms and Conditions
Banana Print TERMS OF SALE
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.banana-print.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. 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.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1. Our site is a site operated by Banana Print (“we/us/our”). Our main trading address is at
Banana Print, Unit 1 - 2 York Court, Albert Road, Market Harborough. Leicestershire. LE16 7FL
2. YOUR STATUS
1. By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts; and
b) You are at least 18 years old.
c) That any files or artwork you send us are owned by you and have full copyright
permission.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
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.
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.
4. USE OF OUR DESIGNS
1. All designs on our site or supplied are owned by us. If you wish to use those designs on
your advertising material (such as vans and signage) or business stationery you must seek
permission from us prior. A small charge may be incurred.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
1. Whenever you make use of a feature that allows you to upload material to our site you
must 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.
2. In addition to complying with our acceptable use policy, you agree that all material
uploaded by you onto our site 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.
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.
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. 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 at paragraph 5.1. You will receive a full refund of any
sums already paid for an order we do not fulfil.
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.
7. Personal information is processed and stored in accordance with our Privacy Policy.
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. APPROVALS
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.
2. Your statutory rights are not affected by these terms and conditions.
7. AVAILABILITY AND DELIVERY
1. Unless there are exceptional circumstances, your Products will be despatched for delivery
in accordance with the delivery service chosen by you during the ordering process.
2. Where delivery is delayed due to exceptional circumstances, we will complete the work as
soon as we reasonably can.
8. NON-DELIVERY
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.
2. The earliest date we can claim against the Post Office for non-delivery is 15 working
days from the date of despatch. We cannot process a reprint before this time. You should
notify us by phone or email if your goods have not arrived after 15 working days.
3. Once you have notified us in accordance with paragraph 8.2, we will then send you a form
to complete and return to us. Once the form is received we will redeliver Products to you,
at no further cost or expense to you.
9. Quantities
1. All reasonable endeavours will be made to deliver the correct quantity of Products
ordered by you.
2. You acknowledge that variations in respect of quantities are inherent within the printing
industry.
3. Our liability in respect of shortages are 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 10% inclusive
Shortage of 11% and over
1001 - 5000 Shortage of up to 3% Shortage of between 4% to 10% inclusive
shortage of 11% and over
5001 and over Shortage of up to 2% Shortage of between 3% to 5% inclusive
Shortage of 6% and over
4. All overages may be kept by you at no additional cost.
10. QUALITY
1. We shall try to meet your colour requirements where files are submitted in CMYK format in
respect of the Products. 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.
11. RISK AND TITLE
1. The Products will be at your risk from the time of delivery.
2. Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
1. The price of any Products will be as quoted on our site from time to time, except in
cases of obvious error.
2. These prices do not include VAT and delivery costs, which will be added to the total
amount due as set out in the Basket section of the online ordering process.
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.
4. We do not store any credit or debit card data.
13. OUR REPLACEMENT POLICY
1. If you believe that a Product is defective, we may ask you to return them to us for
examination. The cost to return the carousel-item is at the customers cost however if we agree that
the Products are defective and that we are at fault, we will reprint the products free of charge
and may reimburse the charge incurred by the customer at our discretion.
14. CLAIMS
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.
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
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).
2. We do not exclude or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) Under section 2(3) of the Consumer Protection Act 1987;
c) For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude,
our liability.
3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all
liability for:
a) 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
b) Any indirect or consequential loss or damage of any kind however arising, even if
foreseeable.
16. WRITTEN COMMUNICATIONS
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. NOTICES
1. You must give notice to Banana Print 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:
a) Within 1 working day when given electronically; and
b) 3 working days after the date of posting of any letter when served by post.
2. In 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
1. The Contract is binding on you and us and on our respective successors and assigns.
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.
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
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).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond
our reasonable control and includes in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means
of public or private transport;
e) Impossibility of the use of public or private telecommunications networks; and
f) The acts, decrees, legislation, regulations or restrictions of any government.
3. 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. WAIVER
1. If we fail, at any time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these terms and conditions, or if we
fail to exercise any of the rights or remedies to which we are entitled under the Contract,
this shall not constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is
expressly stated to be a waiver and is communicated to you in writing in accordance with
paragraph 17 above.
21. SEVERABILITY
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.
22. ENTIRE AGREEMENT
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.
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.
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.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time.
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).
24. LAW AND JURISDICTION
1. Contracts for the purchase of Products through our site will be governed by the laws of
England and Wales. Any dispute arising from, or related to, such Contracts shall be subject
to the non-exclusive jurisdiction of the courts of England and Wales.
Cancellations
Please note that a 5% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover adminstration fee.
Any costs incurred for work already carried out up to the date of written cancellation will also be charged for, and deducted before any refunds are made.
Refund Policy
If you are unhappy with any of your products please let us know within 5 days of receipt in writing, you must receive confirmation of this via eMail that we have received your intent. When you let us know, we may have our couriers come to collect the items from you (please have 100% ready and packaged in the original boxes) and we will re-print from the exact files you sent us previously. If any of the items have already been used and not returned to us we will not be able to offer refunds or re-prints. If we cannot find any reasonable fault with the items, we will not be able to refund or re-print; otherwise, we will be happy to refund or replace your goods.
Any damages caused by our couriers are not under our liability; however, we will claim compensation from them and ensure your goods are re-printed once we receive the compensation from the couriers - you must notify Banana-Print in writing, within 2 days of receiving your goods to state the damages.
Banana-Print are not responsible for checking any of your files/artwork/spellings; all guidelines are specified on this site: However, for extra advice, please get in touch with our Team before ordering.
If in the case that we run out of a certain paper stock, our Production Team will 'upgrade' your order to the next highest quality (i.e. if we run out of 350gsm, we will upgrade you free-of-charge to 400gsm!).
Our Team are here to help, so please ask questions and ask for advice prior to placing your order, if you need to.
Refunds will not, under any circumstances, be given for delayed deliveries. Banana-Print, due to the volume of orders processed, are unable to guarantee any delivery dates; so if you have an urgent deadline, please ensure you check with us if turnaround will be at all possible.
We are always happy to post out our free sample packs to ensure you are happy with the quality of the goods before placing your order. This is your opportunity to see what the quality we produce is like before placing an order and spending any money.
