Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer). We are Daniel Whittaker trading as GenaPrint of Bartle House, 9 Oxford Court, Manchester, M2 3WQ with email address contact@genaprint.com (+44 7305 990452); (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase Goods from the Website if you are at least 18 years old. If you are under 18, a parent or legal guardian must place the order on your behalf.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.genaprint.com on which the Goods are advertised.
Goods
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
15. If an item you ordered is out of stock, we will contact you by email with details of a comparable alternative. If you do not respond within 24 hours, we will assume you agree to receive the substitute. If you reject the alternative or do not respond and do not want a substitute, you may cancel your order for a full refund.
16. All Goods, including those incorporating designs from the community page, are supplied and fulfilled by GenaPrint, and not by the design creator. You are responsible for ensuring that any designs you select or create comply with our Website Terms and Conditions of Use and do not infringe third-party rights.
Personal Information and Registration
17. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
23. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
24. These Terms and Conditions apply solely to purchases made as a consumer, for personal use. If you are buying for resale or in the course of business, you agree that:
· these Terms do not apply to your order;
· we make no commitments to supply goods under business-related terms (e.g. warranties, delivery timeframes, liability limits); and
·
we may fulfil or cancel your order
at our discretion.
If you wish to purchase for resale or business use, please contact us before
ordering.
25. Business or bulk purchasers must contact us for separate terms; otherwise we treat the order as a consumer purchase and these terms apply.
26. These Terms are governed by the law of England and Wales. However, if you live outside the UK, you will also benefit from any mandatory consumer protections of your country of residence, and you may bring proceedings in your local courts where required by applicable law.
Price and Payment
27. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
28.
UK:
Prices include UK VAT where applicable.
• EU: We charge and
remit EU VAT where required (including use of the IOSS for eligible low-value
consignments). All EU imports are subject to VAT.
• US/Canada: Any
applicable sales taxes (incl. GST/HST in Canada) are shown at checkout. Import
duties/fees may apply on delivery.
• Australia: Orders
shipped to Australia may be subject to GST on low-value imported goods; where
we’re required to collect GST, it will be shown at checkout.
• Japan: Orders may be
subject to consumption tax and customs handling fees on import. Unless stated
otherwise at checkout, you’re responsible for any import duties, taxes, and
brokerage fees charged on delivery.
29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
30. Any bank chargeback fees we actually incur may be re-charged to you where the dispute is resolved in our favour.
Delivery
31. After you place your order and it is accepted, we send your design to our print-on-demand partner for production. This generally requires 3–5 business days to produce and package an item.
32. Once production is complete, items will be shipped directly to you. Shipping estimates are:
· United Kingdom and Europe: 3–9 business days after fulfillment
· United States: 3–8 business days after fulfillment
· Canada: 5-12 business days after fulfillment
· Australia: 5-15 business days after fulfillment
· Rest of the world: 7-20 business days after fulfillment
Please note: production times are estimates, not guarantess. Occasionally, production delays, shipping carrier issues, or customs inspections may push delivery beyond these ranges.
33. You are entitled to receive your goods within 30 days of the contract date (unless you expressly agree otherwise). If we fail to deliver your order within 30 days, you may treat the Contract at an end and request a full refund.
34. If we fail to deliver within 30 days:
· a - You may treat the Agreement as terminated if we have refused to deliver your order;
· b - Alternatively, after we miss the original delivery window, you may set a reasonable later deadline for delivery. If we then fail to meet that deadline, you may treat the Contract as ended.
In either case, if you end the Contract
under this clause, we will refund all payments made, including any shipping
charges, without undue delay.
35.
Your Responsibilities on
Receipt:
a. Risk & Title: Title and risk in the Goods pass to you
once the item is delivered and physically in your possession.
b. Examination: If reasonably practicable, you must examine
the Goods upon delivery. If the packaging is damaged or the product
appears faulty or not as described, you should either refuse delivery or inform
us immediately at contact@genaprint.com.
36. We currently ship to EU, US, UK, Canada, Australia and Japan. This may change in the future; any updates to supported regions will be posted in our FAQ section at www.genaprint.com
37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
38. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them. Please ensure your delivery address is complete and correct as you will be liable for missed deliveries if not. If an order is returned to us because it was sent to an incorrect, incomplete, or undeliverable address, you will be responsible for any additional shipping or storage charges to re-deliver. Refused/abandoned international parcels may be destroyed or returned at carrier discretion and duties are non-refundable (unless legally required)
39. If you provide inaccurate information, you’re liable for damages. Providing false information may result in additional costs or penalties that you are responsible for.
40. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
41. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
42. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns and Cancellation
43. Under UK consumer law, you normally have the right to cancel a distance sale within 14 days of delivery. However, this right does not apply to goods that are made to your individual specifications or are clearly personalised—such as the custom-printed items sold by the Supplier. If you live outside the UK, you will also benefit from any mandatory consumer protections of your country of residence. Nothing in these Terms affects those rights.
44. To support flexibility, we offer a voluntary cancellation window before production begins, during which you can cancel and receive a full refund. You can do this by visiting www.genaprint.com/orders. Once production has started, you will no longer have the right to cancel your order unless the product is defective or not as described. In other words, you cannot cancel simply because you changed your mind after the cancellation window has passed.
45. However, your legal rights still apply if a product is faulty or not as described. Specifically:
· If an item is mis-printed, damaged, or defective, you must notify us within 30 calnedar days of delivery at contact@genaprint.com and provide photo evidence.
· We will, at your option, issue a full refund (including standard delivery charges) if you have notified us within this time period.
Conformity
46. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
47. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
48. We have a legal duty to supply goods that conform to the contract. The goods will, upon delivery, be of satisfactory quality, fit for any purpose you have made known to us, and match their description. We are not responsible for any failure to conform caused by materials, content, or instructions you provide.
Successors and Our Sub-Contractors
49. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
50. Neither party shall be liable for any failure or delay
in performing their obligations under this contract due to events beyond their
reasonable control. This includes, but is not limited to:
– natural disasters (e.g. floods, earthquakes),
– acts of war or terrorism,
– civil unrest or riots,
– pandemics or epidemics,
– government restrictions or lockdowns,
– failure of third-party suppliers, couriers, or fulfilment partners,
– internet or power outages, or
– national or global supply chain disruptions.
In such cases, the affected party will notify the other as soon as reasonably practicable. Their obligations will be suspended for as long as the event continues, provided they take reasonable steps to minimise delay. This clause does not affect your statutory rights, including your right to cancel the order and request a refund if delivery is substantially delayed. See “Withdrawal, Returns and Cancellation” for more information.
Privacy
51. We respect your privacy and comply with applicable data protection laws, including the UK GDPR and, where relevant, the EU GDPR. See our Privacy Policy for details.
52. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (www.genaprint.com/privacy-policy) and Cookies Policy (www.genaprint.com/cookies).
53. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
54. We are a Data Controller of the Personal Data we Process in providing Goods to you.
55. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
56. For any enquiries or complaints regarding data privacy, you can e-mail: contact@genaprint.com.
Indemnification
57. You agree to indemnify and hold harmless the Supplier and its partners from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of our services, or infringement of third-party rights, including claims that a design you provided or selected infringes IP or defames a third party.
58.
Nothing in these Terms shall limit
or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be unlawful to exclude or restrict liability.
59. Subject to the above, we shall not be liable for:
· any loss that was not reasonably foreseeable at the time the contract was formed;
· any business losses (including loss of profit, business interruption, or loss of opportunity), as we sell only to consumers and not for commercial use.
60. If delivery is delayed by an event outside our control, we will contact you as soon as possible to let you know and take steps to minimise the delay. We will not be liable for delays caused by such events, but if there is a substantial delay, you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
Governing Law, Jurisdiction and Complaints
61. The Contract (including any non-contractual matters) is governed by the law of England and Wales. However, if you live outside the UK, you will also benefit from any mandatory consumer protections of your country of residence, and you may bring proceedings in your local courts where required by applicable law.
62. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
63. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers can get in contact by email so a solution can be provided as soon as possible..
Attribution
64. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Model Cancellation Form
(You cannot use this form for personalized goods unless they are faulty)
To Email address: contact@genaprint.com
I/We[*] hereby give notice that I/We [*] cancel
my/our [*] contract of sale of the following goods [*] [for the supply of the
following service [*], Ordered on [*]/received on
[*]______________________(date received) Name of consumer(s): Address of consumer(s):
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Signature of consumer(s) (only if this form is notified on paper)
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Date
[*] Delete as appropriate.