Terms and Conditions

Effective Date: [1st October 2024]

About Us

Welcome to Warhammer Art , Warhammer Art is a print on demand service provided by Precision Printing Co Limited - trading as Precision Proco, a company registered in England and Wales, company number (1466899), with its registered address at Unit 15 Thames Gateway Park, Chequers Lane, Dagenham, England, RM9 6FB (“us”, “our”, “we” “supplier”). We operate the website www.warhammerart.com

To contact us email our customer service team at wha@ precisionproco.co.uk

1. The Agreement

By using Warhammer Art, “You” acknowledge reading and agreeing to these Terms. They provide a comprehensive legal framework ensuring both parties understand their rights and obligations, promoting a transparent and trustworthy service environment. These Terms (“Terms”) govern your access to and use of our print on demand services (“Services”).

By accessing or using our Services, “You” enter into a “Contract” with “Us” and agree to be bound by these Terms and all terms incorporated by reference. Please read these Terms and Conditions, along with our Privacy and our Data Policy before commencement of business with us. If you do not agree to all of these terms, do not use our Services.

These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing. If an individual is placing an order on your behalf, you confirm that individual has the necessary authority to bind you to any order and Contract.

Definitions

• Contract: Is between Us and You and applies only to the services as set out in these Terms only and do not to refer to any other contractual agreement.
• Customer (or you): The individual or legal entity to which Precision Printing Co Limited - trading as Precision Proco has granted access to the Warhammer Art Platform.
• Customer Account: A unique profile created by you on the Portal, signed in by a representative.
• Customized & Personalized Orders: Orders made individually on demand using content specific to each order.
• E-commerce Platform: A platform for creating an Application provided by a third party with whom we have a partner agreement concerning integration of the Precision Printing Co Limited - trading as Precision Proco API.
• Warhammer Art: A service offered by Precision Printing Co Limited - trading as Precision Proco.
• Online Store: Our website Warhammer art .com where products can be purchased via online payment methods
• End Customer: The person or entity that places an Order.
• Goods: Physical products made by us.
• Order: A request from you to have content printed and products distributed and delivered by Precision Printing Co Limited - trading as Precision Proco.
• Order Form: A form governing commercial and other specific matters regarding your use of the Precision Printing Co Limited - trading as Precision Proco Services.
• Materials: Images, Text or any other materials related to printing an order.
  Products: Printed materials that incorporate content, such as pictures, cards, booklets, posters, greetings cards, postcards, invitations, merchandise, frames, etc.
• Services: Software, or other services available on our website as further described, including implementation, printing and shipping of Products, support services, and associated Add-ons offered by Precision Printing Co Limited - trading as Precision Proco.
• Terms: Refers to these Terms of Use and other documents set out in the introduction.
• User Content: Text, pictures, files, templates, fonts, logos, metadata, and other content.

2. Service Access and User account

2.1 It is your responsibility to provide accurate and complete information.
2.2 You must notify us immediately of unauthorised use; you are responsible for all activities registered under your account details.

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

3. Our goods

3.1 The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
3.2 The packaging of your Goods may vary from that shown on images on our site.
We reserve the right to amend the specification or description of the Goods if required by any applicable statutory or regulatory requirement.
3.4 Whilst we make every effort to produce Goods that match any specification or description set out in your order in all material respects, you accept that all sizes, capacities, dimensions and measurements referenced therein have a 2% tolerance.
3.5 The quality and/or resolution of any images, pictures, branding or other artwork displayed on the Goods shall vary and is entirely dependent upon the quality and/or resolution of Materials (as defined in clause 3.1 ) provided.

4. Pricing and Payments

4.1 All prices are shown the in the relevant currency from which you visit the website for example; if from the UK then GBP inclusive of VAT if in the EU cost of goods ex vat and if in the US cost of goods less VAT and any associated local taxes. We reserve the right to adjust pricing at any time.
4.2 Payments must be made using approved payment methods. We accept all major credit cards and Paypal. You represent and warrant that you are authorized to use the payment method.

5. Shipping and Shipping Charges

5.1 We offer a Standard (2 day) and Premium (1) Shipping service using our preferred Shipping Partners DPD and Royal Mail. We use DPD next day, Royal Mail Tracked 48 and Tracked 24; You decide what shipping service to use. For orders outside the UK please see the delivery schedules 
5.2 Whilst we will make reasonable efforts to comply with the estimated delivery date, any such dates are estimates only and we shall not be in breach of any Contract or obligation for not meeting our estimated delivery dates. In the event of a significant delay in delivery, your sole remedy shall be limited as set out in clause 5.3.
5.3 If there is a significant delay in shipping the Goods, our liability is limited to refunding the cost of Goods and any delivery costs charged. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
5.4 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens.
5.5 All Goods are carefully inspected and packed before delivery. We will not be liable for damage, loss or delay to the Goods during transit however caused and all claims by you regarding such damage, loss or delay should be made immediately to the carriers concerned.
5.6 Notwithstanding any other provision and without prejudice to our other rights, we reserve the right to suspend further deliveries of the Goods without notice or liability to you if you are in breach of your obligations under these Terms until any such breach is remedied by you.

6. Services

6.1 We strive to maintain service availability, but we cannot guarantee uninterrupted or error-free service. If you experience any downtime please notify us promptly.
6.2 We cannot be held responsible for any loss of service or downtime or any revenues lost due to any Third Party service disruptions

7. Order Processing and Turnaround Times

7.1 You will receive an email notification for each order you place with us sent to the email address you supply when registering or as agreed in writing.
7.2 You will pay for each order on demand and orders will not be produced until such payment is received or as otherwise agreed.
7.3 We reserve the right to refuse any order; orders are not binding until accepted by us.
7.4 Each product turnaround time is published on our website.Turn around times may vary if there are events outside of our control see 14 Events out of our control

8. Price of goods and delivery charges

8.1 The prices of the Goods will be as quoted on the Website at the time you submit your order.
8.2 We may from time to time offer price discounts or offers to you. Any price discounts or offers and any requirements or limitations thereof will be as described on the Website. You may be required to include a discount code or take certain steps in order to benefit from the price discount or offer. It is solely your responsibility to take these steps.
8.3  Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.4  The price of Goods includes VAT in the UK from other territories this may vary.
8.5  The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. To check relevant delivery charges, please refer to the deliveries section in our Frequently Asked Questions.

9. Returns and Refunds

9.1 Products are customized and made specifically for each order; orders cannot be changed or cancelled once placed unless communicated otherwise.
9.2 Printed Products may vary from on-screen content; deviations not due to printing errors are not considered defects.
9.3 If in the unlikely event You receive defective Goods we must receive notice within 30 days of receipt; liability for defects subject to agreement or substantiation.
9.4 Any redo’s will only be produced using the content of the original order. 
9.5 Damaged Items: Claims for damaged items require photographic evidence within 24 hours of delivery. If the Goods are damaged in transit, You will inform Us within 24 hours of the delivery being made.  You must provide images of the damage which will include; an image of the outer carton, inner carton and of the damaged product itself in order for Us to make a claim for the damaged item and for the redo to be produced by Us. If the requested images are not supplied by You we will charge You for redo’s relating to damage in transit.
9.6 Returns: Any orders that are returned to Us due to You not collecting the Goods from the shippers collections points where notifications have been made by the Chosen Shipper; or there has been a failed delivery attempt due to wrong information provided by You, You will be charged for redelivery. Charges will be at least the costs of the originally delivery plus any handling charges charged to Us by the Shipper.
9.7 Returns Administration. All returns should be sent to Precision Printing Co Limited - trading as Precision Proco, Willen Field Road, London NW10 7AQ and marked Warhammer Art 
9.8 Refunds will offered in the event of a faulty or damaged item being delivered if replacement Goods cannot be delivered within 7 days of receipt of the faulty or damaged goods. Refunds will processed to the original payment method after return and inspection of goods.

10. Our warranty for the goods

10.1 The Goods are intended for use in the UK and overseas. 
10.2 We provide a warranty that on delivery, the Goods shall:
(a) subject to clause 5, conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship.
10.3 We will not be liable for breach of the warranty set out in clause 10.2 if:
you alter or repair the Goods without our written consent;
the defect arises as a result of fair wear and tear, lack of care, willful damage, negligence, abnormal storage or working conditions, incorrect use or any circumstances beyond our control; or  the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 12.
10.5    The terms implied by law, including sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11. Our liability: your attention is particularly drawn to this clause

11.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
11.3 Subject to clause 11.2, we will under no circumstances be liable to you for:
(a) any loss of earnings, profits, sales, business, or revenue;
(b) loss of business opportunity; or
(c) loss of anticipated savings; or
loss of goodwill; or
any indirect or consequential loss.
11.4 Subject to clause 12.2, our total liability to you for all losses arising under or in connection with each Contract will in no circumstances exceed the price of the Goods paid by You.
11.5 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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 (e) defective products under the Consumer Protection Act 1987

12 Our Intellectual Property Rights in the Website

21.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
12.3 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13 Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you can either cancel the entire order and return any relevant Goods already received to us in exchange for a refund or you can keep any relevant Goods already received provided that you have paid for them and we will refund the price you have paid for any parts of the order you have not received.

14. Dispute Resolution

14.1 These Terms are governed by the laws of England and Wales.

15. Modifications to Terms

15.1 We may update these Terms at any time; continued use confirms acceptance of modifications.

16. Termination

16.1 You may cancel your account at any time; we may terminate for breach of Terms or unlawful activity.

17. Viruses, Malware and Security

17.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
17.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
17.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
17.3.1 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
17.3.2 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
17.3.3 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any ; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18. Indemnification

18.1 You agree to indemnify and hold harmless Precision Printing Co Limited - trading as Precision Proco and its officers, directors, employees, and agents from claims arising from your use of Services or breach of Terms.

19. Law and Jurisdiction

19.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
19.2 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19.3 If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.