CRAIGS DESIGN & PRINT LTD

DISCLAIMER

Introduction

These pages state the terms of use of this site. If you do not accept these terms, do not use this site. By using this site you are indicating your acceptance of these terms. We may revise these terms at any time by updating this posting and you should visit this section periodically to review the terms.

Terms and conditions for all sales and purchases

This Statement outlines the Terms and conditions governing all sales and purchases made through this website, regardless of whether the order was transmitted via the internet, via telephone/fax, or via the post.

All orders are shipped within New Zealand and Overseas using recognised courier services.

Anyone ordering products for delivery overseas (outside NZ) acknowledges they have reviewed the contents of their order and acknowledge that it contains acceptable and approved items for import into the country of destination/delivery. The buyer, solely, accepts the full risk of any items or package (or part thereof) being detained for whatever reason overseas, and acknowledges and agrees that they will not hold Craigs Design and Print liable for such packages, for whatever reason, being unable to be be delivered to their destination.

Your merchandise will normally be shipped within 1-3 business days after receipt of your order.

We DO NOT ship C.O.D.

Payment Methods

All prices are denoted in New Zealand $ and exclude courier charges and New Zealand Goods and Services Tax of 15%.

Payment for internet or fax orders will be accepted by Credit Card or for existing clients with pre arranged charge accounts only. 

We accept Mastercard, and Visa Cards only. Billing will appear on your credit card statement as “Craigs Design and Print”. 

We can accept personal cheques, drawn on a New Zealand Bank when mailed to us as payment but these may take additional time for bank clearance prior to shipment of the order.

Out of Stock Items

While we make every effort to have all items listed on our website available at all times, on occasion, and due to circumstances beyond our control, we may be Out of Stock on an item ordered. In such circumstances we will contact you for further instructions.

Security and Privacy of Information

Craigs Design & Print is one of the leading printers in the South Island. We employ over 30 skilled staff in our Invercargill premises to service our customer base throughout New Zealand.

We take Privacy and confidentiality seriously and that’s why we use the information we collect about you to process your order, request or inquiry and to provide a more personalised response from us.

Your contact details will only be used for correspondence from us and will not be provided to any other party unless required for delivery of orders. When you place an order your personal information including credit card details are submitted via a secure server. The information is stored in a secure database.

Craigs Design and Print does not sell or rent your personal information to others. If we ever decide to in the future we will ask you for your written consent. We may use the information you supply to assist us with supplying you information you have requested, fulfilling orders or to contact you if you have asked us to.

Craigs Design and Print may release information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of Craigs Design and Print, our users, or others.

Ownership and Status of Information

Images of people or places displayed on this site are either our property, or used with our permission. The use of these images by you, or by anyone else authorised by you, is prohibited unless specifically permitted by these terms. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy, publicity, and communications, regulations, and statutes. You should assume that everything you see or read on the site is copyrighted unless otherwise noted, and may not be used, except as provided in these terms, without our written permission.

In our sole discretion, we may remove information from the site at any time.

Downloaded information does not become your property. It remains our property or the property of the lawful owner at all times. Such information may only be used by you for your own personal use. If you propose to use the information in any way for public or commercial purposes, then you must have our written permission which can be withheld in our sole discretion. You must not use the information to generate statistics through mathematical manipulation for selected or general public release, or to create mailing or address lists.

While every effort has been taken to ensure the accuracy of information on this site, the contents are subject to review and change from time to time. We make no warranties or representations, express or implied, as to the veracity or accuracy of information contained on this site. We believe that information on this site has not been copied without permission or plagiarised. However should it be shown to our satisfaction that any information has been copied without authorisation, or unintentionally plagiarised, then such information will be removed from the site.

If you submit information to or download information from this site, you warrant in our favour that such information is not in breach of any non-disclosure or confidentiality obligations which you may have to a third party. You also warrant that it is not in breach of any obligations you may have under any statute or regulation, an infringement of the intellectual property or privacy rights of others, or defamatory of any person or group.

Any communication or material you transmit to the site, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purposes, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this site for any purpose. This includes, but is not limited to, developing, manufacturing and marketing products using such information.

Our Liability

We operate the site on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

We make no warranty that: a) The site will meet your requirements. b) The service will be uninterrupted, timely, secure or error free. c) The information that may be obtained from the use of the site will be accurate or reliable. d) The quality of any services, information or other material purchased or obtained by you through the site will meet your expectations. e) Any errors in the software will be corrected.

Any information downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. We disclaim any responsibility for damage to your computer system or loss of information that results from the download of any such information.

In no case shall we be liable for any losses suffered by any party, whether direct, indirect, consequential, or in the nature of loss of profits.

Indemnity

You warrant in our favour that your use of the site, whether by submitting information to or downloading information from the site, does not in any way contravene the obligations contained in the Privacy Act. You agree to take all necessary measures to comply with your obligations under the Privacy Act.

You agree to indemnify and protect us from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of information you submit to or download from the site, your use of the site, your connection to the site, your violation of these terms, or your violation of any rights of a third party.

Third Party Sites

This site contains links to third party sites. However, as monitoring the information disseminated and accessible through those third party sites is impracticable, such information cannot be guaranteed to be accurate or up to date. We take no responsibility for it.

Publications

Any views or opinions expressed by advertisers or contributors to this site are not necessarily our views. While care is taken in the publication of this material, we cannot be held responsible for any such views or opinions.

Jurisdiction

The use of the site and these conditions are governed by the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand. By using this site, you agree to submit to the jurisdiction of the courts of New Zealand.

TERMS AND CONDITIONS

Terms of Trade 

The quotation is an interpretation of the customer’s instructions, both written and verbal. Customers are therefore advised to carefully check quotations before accepting them. Craigs and the customer agree: 

“Goods:” herein are printing products provided by the supplier to the customer including (but not, in any of the following examples, so as to restrict the generality of the definition) cards, pamphlets, flyers, newspapers, periodicals, magazines, any other product which has had printing processes applied to it and any computer disk or other medium of electronic storage which contains electronic records, programmes and processes which 

enable the creation of any form of text or numeral or graphic image on any surface including a surface for the display of temporary images whether moving or not such as a computer monitor or video screen and any computer disk or other medium containing any electronic record supplied by the supplier and paper and office equipment and office furniture (including but not so as to restrict the generality of the definition) computers, scanners, monitors, printers and other computer-associated equipment, photocopiers, facsimile machines, desks, chairs, shelving and cabinets. “PPSA” means the Personal Property Securities Act 1999.

Quotations – All quotations are based on printed, typewritten, electronic or other good copy acceptable to Craigs. Where the customer supplies its own printing plates or any other item, they must be of an acceptable quality and quantity as determined by Craigs. If Craigs finds it necessary to carry out additional work or to supply materials in order to obtain good copy upon which to base a quotation, the customer will pay for that work and materials. For the purpose of these terms of trade “quotation” includes “estimate”. If a quotation is given on a page basis, every page, whether printed or not and including flush cut paper covers shall be paid for at the page rate.

Acceptance – Quotations will lapse if not accepted within 30 days.

GST – Quotations do not include GST unless shown as doing so.

Variations/Alterations – All quotations are based on the conditions and specifications in the quotation, (ink, paper or other medium, layout, quantity, delivery etc.) and provide for all work and materials required to complete the order. Any (a) variation or alteration to the conditions and specifications or (b) increase in material and or labour costs may increase the quoted price.

Experimental and/or Creative Work – Experimental work, preliminary sketches, dummies and other creative work, intermediate materials and any resultant goods must be paid for by the customer unless the cost is separately identified and provided for as part of the quote price and the customer shall not use any proposal or idea from Craigs for content, medium, layout or presentation until such work has been paid for.

Colour Proofs – Craigs provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. Craigs will however use its best endeavours to provide a commercially acceptable finished product.

Proof Approval – Craigs is not liable for errors or variations in the finished work where such error or variations were contained in the proof approved by the customer.

Holding of Plant to Customer’s Instructions – If any plant is set up to print or otherwise work on the customer’s job or on goods being prepared for the customer and the progress or completion of the work is delayed by or on behalf of the customer the customer will pay Craigs’ waiting charges for such plant.

Customer’s Property – Craigs will take reasonable care of the customer’s property but the risk shall be on the customer and Craigs shall not be responsible for any damage. Unless it is otherwise agreed in writing Craigs will not be responsible for insurance cover. Unless otherwise agreed in writing, Craigs may dispose of any materials held twelve months following the date of the invoice.

Intermediate – Materials (that product which comes into existence during the preparation or processing of the customer’s order but which is not the final product). Ownership of intermediate materials except those supplied by the customer, will remain Craigs’ property.

Electronic Images and/or Files – It is the customer’s responsibility to retain a copy of any electronic image or file supplied by the customer to Craigs. Craigs is not responsible for accidental damage to any electronic material supplied and such material is held at the customer’s risk. Craigs may charge for any additional translating, editing or programming needed to utilise customer-supplied files or images and such charges shall be in addition to the quoted price. Subject to clause 10 Craigs’ own electronic records shall remain the property of Craigs.

Quantity – Over runs and under runs will not exceed 5 percent of the quantity ordered. The customer will pay for the actual quantity delivered within this tolerance.

Delivery – Unless otherwise agreed, delivery of the goods is at Craigs’ factory door in a continuous uninterrupted delivery of the complete order.

Termination or Suspension of Contract – Notwithstanding any other clause in this agreement, where a contract is suspended or cancelled by the customer, all work carried out and goods supplied by Craigs will be paid for by the customer forthwith on presentation of the invoice. Contracts for the printing of periodicals may only be cancelled on Craigs receiving the agreed amount of notice in writing. If there is no such agreement, the notice period shall be two months. If work is suspended the customer will pay any additional costs or for any loss caused to Craigs by the suspension.

Claims – Complaints regarding finished goods must be received by Craigs within a reasonable time. What is a “reasonable time” will depend on the circumstances of each case.

Illegal or Libellous Material – Craigs is not required to reproduce any material or produce any goods that are, in Craigs’ opinion, illegal, objectionable, or libellous in nature or that is in breach of any copyright, patent, design or statute. Craigs will be indemnified by the customer in respect of any and all damages claims, costs, and expenses (including actual legal costs and disbursements on a solicitor and own client basis) for which Craigs may be liable or which it may suffer arising out of any libel or breach of statute or infringement of copyright, patent or design which may arise out of or be associated with the goods provided by Craigs to the customer.

Craigs Liability – Where the customer is a company or a person acquiring or holding him or her self out as acquiring goods or services or both for the purposes of a business the Consumer Guarantees Act 1993 will not apply to the supply of goods under this agreement. Craigs will not be liable for any indirect or consequential loss to the customer or to any third party arising from errors in the work or from delay in delivery. No warranty is given or responsibility accepted by Craigs to ensure that finished or any goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/ or packaging of goods. Compliance with any such legislation shall be the customer’s responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to Craigs or suitable for any market requirement. Craigs shall not be responsible for any delay, default, or consequential loss or damage due to any industrial disputes, accidents, natural disasters, acts of terrorism, equipment failure, mischievous damage or other cause beyond Craigs’ control.

Payment – Payment is due in full on or before the 20th of the month following delivery unless otherwise stated in these terms or in Craigs’ invoice to the customer. If invoices are not paid in full and on time the customer will pay collection and legal fees and such fees may include additional fees or commissions charged by debt collecting firms and actual legal costs and disbursements charged on a solicitor and own client basis. In addition to the costs of recovery the customer will pay penalty interest on any unpaid amount from the due date until payment in full at the rate of 24% per annum and such penalty interest shall continue to be payable after and notwithstanding any judgement obtained by Craigs against the customer. If Craigs finds it necessary to sue the customer, service of any document will be deemed to be effected on the customer if that document is left at the address shown as the customer’s business address or home address or registered address.

Security Interest – Craigs retains a security interest in all goods supplied to the customer until Craigs receives payment in full of all sums owing by the customer under any contract for the supply of the goods. The nature of the security interest is that Craigs retains title to the goods. The security interest shall apply to goods supplied to the customer in the future. The customer shall not allow any goods subject to the security interest to become an accession to other goods. 

(a) The customer hereby waives the customer’s right to receive a copy of the verification statement following registration of Craigs’ security interest. 

(b) Craigs may allocate any payment received from the customer against any debt owed by the customer in any manner that Craigs may decide, notwithstanding any purported allocation by the customer. 

(c) If after due date the debt remains unpaid, Craigs is entitled to enter the customer’s premises and seize the goods unpaid for and to dispose of them as Craigs sees fit and to apply such proceeds towards the debt. The customer hereby irrevocably authorises Craigs or Craigs’s agents to enter the premises of the customer to locate and seize the goods. 

(d) If Craigs does not at any time have priority over all other secured parties in relation to any goods then pursuant to section 107(l) of the PPSA, for the purposes of dealing with those goods the parties contract out of sections 108 and 109 to the extent of deleting the words “with priority over all other secured parties” in sections 108 and 109(l) of the PPSA and the PPSA shall be read as if sections 108 and 109(l) did not have the words “with priority over all other secured parties”. 

(e) The customer agrees that none of sections 114(l)(a), 133 or 134 of the PPSA will apply to any dealings with the goods under this agreement. The customer further waive their rights: 

i To receive a statement of account under section 116; 

ii To receive any part of the surplus under section 117(l)(c) or recover it under section 119 if Craigs has in good faith made any payment to any person under sections 117(1)(a) or 117(l)(b) to which it subsequently transpires that person was not entitled; 

iii To receive notice of any proposal of Craigs to retain goods under section 120(2);

iv To object to Craigs’ proposal to retain goods under section 121; v To make any claim for damages to any other goods if Craigs removes an accession under section 125; 

vi To be given notice of the removal of any accession under section 129; 

vii To apply to the Court for any order with respect to removal of an accession under section 131; 

viii To redeem any goods under section 132;

Dispute Resolution – The attention of the customer is drawn to the mediation facility offered by Printing Industries New Zealand Incorporated. The law applicable to the supply of the goods shall be the law of New Zealand and any disputes shall be adjudicated in the New Zealand courts.

EMAIL POLICY

Email communication is intended for the addressee only, is private and confidential, and is subject to the applicable terms and conditions. Access to e-mail by anyone else is unauthorised and should not be read if delivered in error.

If you are not the intended recipient of email and have received it in error, please notify us via our website or call the number above, and then delete it from your mailbox.

REFUND POLICY

Orders are made to your specification and/or personalised by you, consequently you may not cancel the order once you have placed it and no refunds can be offered. In the unlikely event that an item doesn’t meet our published specification, a refund may only be given at the sole discretion of Craigs Design and Print. Please refer to our Terms and Conditions.

PRIVACY POLICY

This policy governs the use by Printing.com Plc or one of its subsidiaries or Affiliates (we/us/our) of your (you/your/yourself) data which is available to us in connection with your use of the website (the Site).

By using the Site, you are deemed to have full knowledge of and accept this Privacy Policy. If you do not agree to be bound by the terms of this Privacy Policy, please do not use the Site.

We reserve the right to alter this Privacy Policy at any time. Such alterations will be posted on the Site.

A. We collect information to process your order, deal with your queries, guide and enhance your online experience, supply you with information in which you have expressed an interest and for record keeping. We are committed to protecting your privacy and will only use your information in accordance with the Data Protection Act 1998.

B. You have the option at login, to elect not to receive marketing information (from us, our business partners or selected third parties) and also to tag your account as non marketable to prevent exchange of the data collected with third parties.

C. At any time you can change these options by editing your account details/emailing customer services.

Data collected & purpose of collection

A. When you log in we collect name and address, telephone, email address, user name and password. This provides us with default details for your order processing and sets up security (so viewing of your account details, designs and order history is password protected).

B. To help you choose the right product and design to suit your purpose/business we ask you to make selections and choices. Only the design details are collected if you choose to save the details or place an order.

C. When you place an order we allocate you a customer number, capture order details, invoicing address, shipping address and credit card details to process and fulfil your order. Invoicing address and shipping addresses are retained so you do not have to enter them again. Order details are retained so you can view your order history.

D. You acknowledge that many parts of the service provided on the Site may be provided by third-party service providers and not by us. You consent to us transferring your information to such third-party service providers for the purposes of dealing with your queries, orders and for record keeping.

E. When you enter credit card details you are in communication over a secure link with the Roynet direct merchant system operated by the Royal Bank of Scotland (or such other financial system as may be used, from time to time). It retains details of the credit card transaction. You must enter the details for each purchase for security reasons.

F. To assist you with your promotions and marketing and tailor our service to your needs we will ask you for feedback, about your business and any information you may require. Supply of this information is optional and not mandatory. All this data will be stored so we can effectively meet your needs.

G. You are entitled to ask for a copy of the information held about you at any time by contacting us. We may charge a small fee for this.

H. You consent to us (and our representatives) disclosing information to third parties: (i) if we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and any other contract entered into with us, or to protect the rights, property, or safety of our customers, ourselves or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and (ii) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site.

Security

1. The Site has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide.

2. Access to your account data is password protected. You must keep all passwords confidential and not disclose or share them with anyone. You are responsible for all activities that occur under your passwords. You must notify us in the event you know or suspect someone else knows your passwords. If we have reason to believe there is a breach of security or misuse of the Site, we may require you to change your passwords or we may suspend your account without notice.

3. Our Site may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check such policies before submitting any information to these websites.

4. Credit card details are processed by a secure server.

Cookies

What are cookies?

We use cookies to personalise your interface with the site, and to remember you when you return to our site. They are small packets of data stored by your browser on your computer’s hard drive to identify yourself to us and help us to keep track of what you have in your basket. Your browser may have a feature to disable cookies or you can delete them if you wish and your interface will not be severely restricted.

Please note that cookies can’’t harm your computer. We don’’t store personally identifiable information such as credit card details in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site. For example, they help us to identify and resolve errors, or to determine relevant related products to show you when you’re browsing. Each browser is different, so check the ‘Managing cookies’ information below of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences.

We’re giving you this information as part of our initiative to comply with recent EU e-Privacy legislation, and to make sure we’re honest and clear about your privacy when using our website.

Further information about cookies

If you would like to learn more about cookies in general and how to manage them, visit
aboutcookies.org (please note that we can’t be responsible for the content of external websites).

Banner advertising on other websites

This type of advertising is designed to provide you with a selection of products based on browsing history. The adverts may highlight alternative styles and colours as well as products from other categories deemed relevant to your browsing history. The technology behind these adverts is based on cookies. Find out more about cookies, and why and how we use them, via the ‘What are cookies’ section above.

•

Last updated: January 2012