Terms & Conditions
This Terms of Use agreement is between an individual user and ENCODES regarding the use of the website and services. Please review these rules.
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1 - Definitions
1.1 - The Seller means Encods Trade and Consultancy Private Limited (Seller Number 13419258), 11 St. Paul’s Square, Birmingham, B3 1RB, UK that owns and trading http://www.encods.com
1.2 - Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
1.3 - Goods means the items that the Buyer agrees to buy from the Seller.
1.4 - Writing includes online orders and any other comparable means of communication.
1.5 - Website means http://www.encods.com
2 - Ordering
2.1 - All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.2 - Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
2.3 - If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
2.4 - Buyers automatically accepts the terms and conditions once an order has been placed with the Seller.
3 - Price and payments
3.1 - The price of the Goods shall be that which is stipulated on the Website.
3.2 - The total purchase price, including any delivery charges, will be displayed in the Buyer's shopping cart prior to confirming the order.
3.3 - Payment can be made via credit/debit card Mastercard, Visa, Bacs or PayPal. Cheques are not accepted.
3.4 - Seller is VAT registered. Our VAT registration number is GB 393 8875 28
4 - Delivery
4.1 - Goods supplied will be despatched within 2 to 3 working days of acceptance of order.
4.2 - Deliveries will be made by the carrier (for the UK this will normally be Royal mail), all international deliveries are made by the Buyer’s designated forwarder to the address stipulated in your order.
4.3 - Taxes, duties and import restrictions; The buyer is responsible for all kinds of taxes and all official transactions related to their country of residence.
4.4 - The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.5 - Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.6 - Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
4.7 - All goods are classed as business consumables and all sales will be classes as business transactions unless otherwise stated.
4.8 - In the event, a courier has attempted a failed delivery, lost or mis-sorted the items, the Seller shall notify the Buyer and contact the courier to arrange for re-delivery or raising a claim, prior to offering a refund or replacement to the Buyer.
4.9 - Free next working day delivery applies for orders over £200,00 (excluding VAT), placed before 3pm, Monday to Friday, for delivery to UK mainland addresses.
4.10 – All prices exclude VAT
5 - Cancellation and returns
5.1 - For the sale of goods to consumer (B2C) customers; The seller adheres to the UK distant selling regulation for all B2C sales. Buyer can cancel their order up to 14 days after their order is delivered. Buyer do not need to give a reason for cancelling.
5.2 – In order to exercise its right of cancellation, the Buyer must notify the of its decision to cancel this agreement by a clear statement (for example a letter sent by post or email) stating it. Buyer can electronically fill in and submit the model cancellation form to cancel the contract on our web site http://www.encods.com. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
5.3 - Except as set out below, if Buyer cancel this contract, Seller will reimburse to all payments received from Buyer, including the costs of delivery (except for the supplementary costs arising if Buyer chose a type of delivery other than the least expensive type of standard delivery offered by Seller).
5.4 - The Buyer must return the goods to the Seller's returns address specified below. without delay, and in any event not later than 14 days from the day the Buyer notifies the Seller of the cancellation of this Agreement. The buyer agrees to bear the costs of returning the goods.
The goods must be returned to the Seller in their original packaging, securely wrapped including the delivery receipt.
Returns Address:
Encods Trade and Consultancy Ltd.
Safestore Birmingham Middleway
50 Highgate Middleway Birmingham B12 0DG
5.5 - Timing of reimbursement; 14days after the day Buyer provide evidence that Buyer have sent back the goods. Seller will make the reimbursement without undue delay, and not later than 14 days after the day on which Seller are informed about Buyer’s decision to cancel this contract.
5.6 - We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.7 - If the Buyer do NOT return the goods to Seller, Buyer is still liable to Seller for the cost.
5.8 - Any goods that are made bespoke for Buyer, may not be returned.
5.9 - For the sale of goods to business (B2B) customers; The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the goods.
5.10 - Where a claim of defect or damage is made the goods shall be returned by the Buyer to the Seller. The goods must be returned at the Buyer’s expense. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the goods are in fact defective. You can expect a refund in the same form of payment originally used for the purchase within 5 days of our receiving your return.
5.11 - In the event of a cancellation or return, Seller is only limited to offer a full refund, partial refund or exchange of the goods, or no refund, replacement, or exchange in certain situations. If goods are being returned, a 25% re-stocking fee will be applied to the returned product(s). This only a applies to certain goods in certain situations at Seller's discretion.
5.12 - Seller is not responsible to issue any refund and/or accept any return if the goods have been made to order or personalised for Buyer.
5.13 - Where the cancellation for a whole or part of an order has been requested before dispatch, the Seller shall immediately acknowledge the request. In the event if a certain order or product has already been produced, the Seller has right to process the request within the scope of these Terms & Conditions.
6 - Warranty
6.1 - The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.
6.2 - All label goods may have a cut or print shift of up to 0,5 mm tolerance as per industry standard.
6.3 - All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
6.4 - The benefit of any warranty or guarantee given by the manufacturer of the goods will be passed to the buyer on delivery of the goods to the buyer.
6.5 - Power supplies are not warranted against over voltage inputs or electrical noise.
6.6 - Printer equipment must be used within the specification and instruction contained in the operational documentation. The warranty loses its validity if the original cartridge of the device is not used.
7 - Right of seller
7.1 - The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
7.2 - The Seller reserves the right to withdraw or alter any goods on the Website at any time.
7.3 - The Seller reserves the right to withdraw or alter any Terms of Sales at any point, if buyer has attempted to, and intentionally damaged the Seller’s reputation whether directly or indirectly.
7.4 - The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
7.5 The Seller reserves the right to stock and sell similar products by buying it from various material manufacturers. Products shade may vary time to time, within reasons, but this does not affect the features and/or application of the actual product.
8 - Limitation of liability
8.1 - The seller shall under no circumstances whatever be liable to the buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and the seller’s total liability to the buyer 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 the amount actually paid for the goods by the buyer.
8.2 - Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable).
(b) fraud or fraudulent misrepresentation.
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the seller to exclude or restrict
8.3 - All statements, technical information and recommendations regarding our label sizes, quantities, materials, and finish types are given in good faith and are based on tests that we believe to be reliable, but do not constitute a guarantee or warranty. We give no guarantee as to the suitability of the product for a specific application, this should be tested by the end user. Unless otherwise agreed in writing, we only accept liability within the scope of these Terms and Conditions.
9 - Context and Intellectual Property Rights
9.1 - Where products advertised in any of the Seller's publications or on its website are subject to any patent, trademark, registered or unregistered design or copyright (Intellectual Property Rights) of third parties, the Buyer acknowledges that all such rights are the property of their respective owners. Any design or instruction furnished or given by the Buyer to the Seller shall not be such as will cause the Seller to infringe the intellectual property rights of the Buyer or any other third parties.
9.2 - The Buyer is not permitted to use the Seller's logo or trademark or any other material without the prior approval in writing from the Seller.
10 - Indemnity
10.1 - You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
11 - Force Majeure
11.1 - The seller shall not be liable to the buyer or held to be in breach of the contract by reason of any delay in performing or failure to perform any of the seller’s obligations in respect of the goods if such delay or failure was caused by a Force Majeure Event A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
12 - Waiver
12.1 - A waiver of any right or remedy under the terms and conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
12.2- No failure or delay by a party to exercise any right or remedy provided under the terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13 - Severance
13.1 - If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the terms and conditions shall not be affected.
14 - Disclaimers
14.1 - The Seller shall be entitled to alter these Terms and Conditions at any time.
14.2 - The Seller or Seller’s content suppliers may make improvements or changes to Seller’s Web Site, the content, or to any of the goods and services, at any time and without advance notice.
14.3 - Label quantities per roll are based on average numbers per roll and may not be absolute.
14.4 - All custom label orders are subject to a maximum 10% over or under run allowance subject to quantity, and type of material.
14.4 - Risk of damage to or loss of any goods will pass Buyer when the goods are delivered to Buyer.
14.5 - The seller states that the content may contain typographical errors.
15 – Dispute Resolution
15.1 - In the event of a dispute arising out of or in connection with these terms or any contract between Seller and Buyer, then Buyer agree to attempt to settle the dispute by engaging in good faith with Seller in a process of mediation before commencing arbitration or litigation.
16 - Governing law and jurisdiction
16.1 - The contract, these conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.