Scope of the Terms and Conditions
1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (PRINTHOUSE) and the legal terms and conditions (Terms) on which PRINTHOUSE supplies any of the products (Products) listed on the website www.printhouse.com.sg (Website).
1.2. These Terms will apply to any contracts between PRINTHOUSE and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where PRINTHOUSE has given its prior written consent). For the avoidance of doubt, any replies by PRINTHOUSE that reference out to any of Customer’s correspondence which itself makes reference to the Customer’s purchasing terms and conditions shall not have the effect of incorporating such purchasing terms and conditions.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by PRINTHOUSE which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website.
1.5. PRINTHOUSE may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time. These Terms were most recently updated in August 2015.
2. Information about PRINTHOUSE
2.1. STUDIO FIVE CORP PTE LTD operates the Website. PRINTHOUSE is a subsidiary company of Studio Five Corp Pte Ltd located at 10 Gambas Crescent, Lvl 2 Nordcom 2, Singapore 757003.
2.2. To contact PRINTHOUSE, please refer to the Contact page.
3. How the Contract is formed between PRINTHOUSE and Customer
3.1. Customers will not be required to register to use the Website before placing any orders.
3.2. PRINTHOUSE’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.3. After Customer places an order, Customer will receive an order confirmation from PRINTHOUSE with a summary of the order. However, this does not mean that the order has been accepted. PRINTHOUSE’s acceptance of the order will take place only after artwork has been approved and payment has been made.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights.
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between PRINTHOUSE and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of PRINTHOUSE which is not set out in these Terms or any document expressly referred to in them.
5. Content of the Order and Proof Requirements
5.1. PRINTHOUSE completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms and which are set out in more detail on the individual product specification type or template.
5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to PRINTHOUSE. Except as otherwise set out in this condition 5, PRINTHOUSE will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When PRINTHOUSE has received the Artwork from Customer, PRINTHOUSE will perform a ‘Standard Artwork Check’ on every order submitted by Customer.
5.4. Where Customer has elected for PRINTHOUSE to perform a ‘Superior Artwork Check’ and/or a ‘Proof’ on the Products, PRINTHOUSE shall charge a fee for such service.
5.5. Where PRINTHOUSE has produced a proof for Customer pursuant to performing a Superior Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final Product to be produced by PRINTHOUSE and PRINTHOUSE shall have no liability to Customer for slight variations in the final Product from the proof supplied.
5.6. If, when PRINTHOUSE performs either the Standard Artwork Check or Superior Artwork Check, PRINTHOUSE discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, PRINTHOUSE will notify Customer and request Customer either provides corrected Artwork or permits PRINTHOUSE to edit the Artwork to the extent necessary to comply with the Format Requirements before PRINTHOUSE completes the order.
5.7. In the event that Customer notifies PRINTHOUSE that it wishes to proceed with the order without correcting any defects in the Artwork, or amending such Artwork so it complies with the Format Requirements, Customer does so at its own risk.
5.8. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.
5.9. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, PRINTHOUSE shall be entitled to convert the Artwork to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.
5.10. For the avoidance of doubt, PRINTHOUSE will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.11. PRINTHOUSE reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.12. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by PRINTHOUSE in making such changes.
6. Rights of revocation and exclusions to revocation in consumer contracts
Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments
You have the right to revoke this contract within 14 days with valid reasons.
The revocation period shall be 14 days from the day on which you or a third party nominated by you who is not the carrier took possession of the last goods.
To exercise your right of revocation, you must inform us
PRINTHOUSE MEDIA & DESIGN SINGAPORE
10 Gambas Crescent,
Lvl 2 Nordcom 2,
by means of a clear statement (e.g. a letter sent by post, fax or email etc.) regarding your decision to revoke this contract.
To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. 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. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract to PRINTHOUSE MEDIA & DESIGN SINGAPORE. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these.
End of revocation policy
6.1. This right of revocation shall not apply for the delivery of goods that have been produced according to customer specifications.
The right of revocation shall not exist for distance sales contracts
– for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.
If the printed materials are produced via the PRINTHOUSE website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.
7.1. Applicable laws require that some of the information or communications PRINTHOUSE send to Customer should be in permanent form and for this purpose; PRINTHOUSE shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
7.2. When registering to use the Website, Customer shall provide an e-mail address for communications between PRINTHOUSE and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allow the receipt by Customer of e-mails sent by PRINTHOUSE.
7.3. In the case of Customers purchasing as a business:
7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by PRINTHOUSE and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. Any notice or communication sent by PRINTHOUSE to Customer, or by Customer to PRINTHOUSE will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
8. Price of the Products and Delivery Charges
8.1. The price of the Products will be as quoted on the Website.
8.2. PRINTHOUSE takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if PRINTHOUSE discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
8.3. Prices for the Products may change from time to time, but changes will not affect any order which PRINTHOUSE has confirmed with an Order Confirmation.
8.4. The price of the Products does not include packaging and delivery charges.
8.5. The Website contains a large number of Products. It is always possible that, despite PRINTHOUSE’s best efforts, some of the Products on the Website may be incorrectly priced. If PRINTHOUSE discover an error in the price of the Products Customer has ordered, PRINTHOUSE will inform Customer of this error and PRINTHOUSE will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. PRINTHOUSE will not process Customer’s order until it has received Customer’s instructions. If PRINTHOUSE is unable to contact Customer using the contact details Customer provided during the order process, PRINTHOUSE will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, PRINTHOUSE do not have to provide the Products to Customer at the incorrect (lower) price.
8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
8.7. Any Superior Artwork Check or Proof that is ordered by Customer shall be subject to an additional fee.
8.8. If Customer obtains a quotation for Products from PRINTHOUSE either by e-mail or through the Website, this does not constitute an offer by PRINTHOUSE and shall only be valid for a period of 14 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.
9.1. The price of the Products does not include GST.
10.1. Customer may pay for Products at the time of placing the order via walk-in or iBanking/Bank transfer.. Customers should note that where payment is made by bank transfer after placing an order, PRINTHOUSE shall not start production of the Products until payment has been received in full. A proof of payment is also needed in this transaction.
10.2. No other payment methods or terms shall apply unless expressly agreed with PRINTHOUSE In writing.
10.3. PRINTHOUSE shall issue a separate invoice for each Product ordered by Customer.
10.4. If Customer does not make any payment due to PRINTHOUSE by the due date for payment, PRINTHOUSE may revoke the order without notifying customer.
10.6. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify PRINTHOUSE and request PRINTHOUSE to reimburse such sum. Subject to confirmation by PRINTHOUSE that it has received such overpayment, PRINTHOUSE shall reimburse the sum to Customer. Where the repayment of any such sum by PRINTHOUSE is subject to an additional charge, PRINTHOUSE shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
11. Delivery and Production
11.1. Delivery is based upon the production time taken by PRINTHOUSE to manufacture the Products and the delivery time to ship the Products to our office in Singapore.
11.2. PRINTHOUSE will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and PRINTHOUSE has completed the production of the Products.
11.3. PRINTHOUSE will advise Customer of the estimated date when the production of the Products shall be completed, however Customer accepts that time is not of the essence in relation to any estimated dates given by PRINTHOUSE.
11.4. For the avoidance of doubt, PRINTHOUSE shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check, Superior Artwork Check or Proof.
11.5. Delivery will be completed when PRINTHOUSE delivers the Products to the address given by Customer during the order process. If Customer is purchasing as a business, delivery will be completed when PRINTHOUSE delivers the Products to Customer’s nominated carrier.
11.6. If Customer is not available at the delivery address, PRINTHOUSE will leave a note that the Products have been returned to PRINTHOUSE’s premises and Customer must contact PRINTHOUSE to rearrange delivery. In circumstances where PRINTHOUSE has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, PRINTHOUSE shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by PRINTHOUSE in attempting to re-deliver the Products.
11.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once PRINTHOUSE has received payment in full for the Products.
11.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 9am to 7pm.
12. Event Outside the Control of PRINTHOUSE
12.1. PRINTHOUSE shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of PRINTHOUSE. An Event Outside the Control of PRINTHOUSE is defined below in condition 12.2.
12.2. An Event Outside the Control of PRINTHOUSE means any act or event beyond PRINTHOUSE’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside the Control of PRINTHOUSE takes place that affects the performance of PRINTHOUSE s obligations under a Contract:
12.3.1. PRINTHOUSE will notify Customer as soon as reasonably possible; and
12.3.2. PRINTHOUSE’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of PRINTHOUSE.
12.4. If the Event Outside the Control of PRINTHOUSE extends beyond four weeks, Customer shall be entitled to cancel the Contract.
13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify PRINTHOUSE immediately and, in any event, no later than 7 days following delivery of the Products. Subject to Customer giving PRINTHOUSE a reasonable opportunity of examining such Products and Customer (if asked to do so by PRINTHOUSE) returning such Products to PRINTHOUSE at PRINTHOUSE’s cost, PRINTHOUSE will provide a full refund of the price paid by Customer including return postage and packing.
13.2. If Customer returns any Products to PRINTHOUSE and PRINTHOUSE can prove they were not damaged or defective when Customer received them, or are not misdescribed, PRINTHOUSE may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
13.3. For the avoidance of doubt, PRINTHOUSE shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by PRINTHOUSE.
PRINTHOUSE’s liability if Customer is purchasing as a consumer
14.1. If PRINTHOUSE fails to comply with these Terms, PRINTHOUSE is responsible for any loss or damage suffered by Customer that is a foreseeable result of PRINTHOUSE’s breach of the Terms or PRINTHOUSE’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of PRINTHOUSE’s breach or if they were contemplated by Customer and PRINTHOUSE at the time the Contract was entered into.
14.2. PRINTHOUSE does not in any way exclude or limit its liability for:
14.2.1. death or personal injury caused by our negligence;
14.2.2. fraud or fraudulent misrepresentation;
14.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.2.4. 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
14.2.5. defective products under the Consumer Protection Act 1987.
PRINTHOUSE’s liability if Customer is purchasing as a business
14.3. Nothing in these Terms limit or exclude PRINTHOUSE’s liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.3.4. defective products under the Consumer Protection Act 1987.
14.4. Subject to condition 14.3, PRINTHOUSE will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.4.1. any loss of profits, sales, business, or revenue;
14.4.2. loss or corruption of data, information or software;
14.4.3. loss of business opportunity;
14.4.4. loss of anticipated savings;
14.4.5. loss of goodwill; or
14.4.6. any indirect or consequential loss.
14.5. Subject to condition 14.3 and condition 14.4, PRINTHOUSE’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 200% of the price of the Products.
14.6. Except as expressly stated in these Terms, PRINTHOUSE does not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, PRINTHOUSE will not be responsible for ensuring that the Products are suitable for Customer’s purposes.
15. Communications between PRINTHOUSE and Customer
15.1. When these Terms refer to “in writing”, this will include e-mail.
15.2. If Customer is purchasing as a consumer:
15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact PRINTHOUSE in accordance with condition 6.3..
15.2.2. If Customer wishes to contact PRINTHOUSE in writing for any other reason, Customer can send this to PRINTHOUSE by e-mail or by pre-paid post to [PRINTHOUSE MEDIA & DESIGN] at [firstname.lastname@example.org or 10 Gambas Crescent, Nordcom 2 #08-35 (S)768160]. Customer can always contact PRINTHOUSE using the Customer Services telephone line.
15.2.3. If PRINTHOUSE have to contact Customer or give Customer notice in writing, PRINTHOUSE will do so by e-mail or by pre-paid post to the address Customer provided in the order.
15.3. If Customer is purchasing as a business, any notice given by Customer to PRINTHOUSE, or by PRINTHOUSE to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
16.1. Where Customer decides not to proceed with an order having obtained a Superior Artwork Check and/or Proof from PRINTHOUSE, it must notify PRINTHOUSE immediately in writing. Customer shall be liable to pay the additional costs incurred by PRINTHOUSE in carrying out such Superior Artwork Check and/or Proof.
16.2. Before sending an Order Confirmation, PRINTHOUSE has the right to cancel Customer’s order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order.
17. Personal Data
17.2. PRINTHOUSE will use the personal information provided by Customer to:
17.2.1. supply the Products;
17.2.2. process the payment for such Products; and
17.3. Save as set out in condition 17.4 below, PRINTHOUSE does not pass any personal data to any other third party.
PRINTHOUSE shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as PRINTHOUSE shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.
19. Trade marks / Copyright
The Customer shall indemnify PRINTHOUSE against any and all claims, liability, costs losses, damages and expenses arising out of the use by PRINTHOUSE of the materials provided to PRINTHOUSE by Customer including (without limitation) the Artwork.
20. Other important terms
20.1. PRINTHOUSE may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or PRINTHOUSE‘s obligations under these Terms.
20.2. Customer may only transfer its rights or obligations under these Terms to another person if PRINTHOUSE agree in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask PRINTHOUSE’s consent.
20.3. The Contract is between PRINTHOUSE and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of PRINTHOUSE’s warranty, but PRINTHOUSE and Customer will not need their consent to cancel or make any changes to these Terms.
20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5. If PRINTHOUSE (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that PRINTHOUSE has waived its rights against Customer or that Customer does not have to comply with those obligations. If PRINTHOUSE does waive a default by Customer, PRINTHOUSE will only do so in writing, and this will not mean that PRINTHOUSE will automatically waive any later default by Customer.
20.6. If Customer is purchasing as a consumer, these Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. Customer and PRINTHOUSE both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if Customer is a resident of Northern Ireland, Customer may also bring proceedings in Northern Ireland, and if Customer is a resident of Scotland, Customer may also bring proceedings in Scotland.
20.7. If Customer is purchasing as a business, these Terms are governed by English law. This means that a Contract, 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), will be governed by English law. Customer and PRINTHOUSE both agree to the exclusive jurisdiction of the courts of England and Wales.
Date of documentation: August 2015