Terms & Conditions
General
newspaperclub.com (“the Site”) is owned and operated by Newspaper Club (‘we’, ‘us’, and ‘Company’).
Please read the Terms and Conditions (“Conditions”) set out below carefully as they set out your rights and obligations and the terms upon which the Company makes the Site available to you. They also provide information on the basis upon which you submit and upload material.
By using or visiting the Site, you agree to be bound by the Conditions and our Privacy Policy (which is incorporated into the Conditions – see below). If you do not agree to the Conditions or the Privacy Policy please do not use or visit the Site.
Important Notice about User Content
Any words, literary works, photographs, artistic works or any other content entered onto the site and/or submitted by you to us via the Site or otherwise are referred to as ‘User Content’ in these Conditions.
By providing User Content to the Site you warrant this (a) is your own work and is not copied from anyone else or infringing of any third party’s rights, (b) if it is not your own work that you have obtained all necessary rights and clearances, (c) is not defamatory, obscene, harassing, offensive, threatening, in breach of anyone’s privacy or in contempt of court, and (d) that use of your User Content by us in accordance with the rights granted by you will not infringe any third party’s copyright or other intellectual property rights, moral rights or other rights and is not subject to further conditions or payments. As noted above, you must have the consent of any rights owners in your User Content, and may be asked to provide evidence to us that you do. Please note that you will continue to own any original content you provide.
1. Your Obligations and The Terms
Any use of the Site constitutes your acceptance of the Conditions, which takes effect the moment you first use the Site. If the Conditions are not accepted in full, you do not have permission to access the Site and should stop using it immediately.
Company reserves the right to change the Conditions at any time by posting changes on the Site and it is your responsibility to refer to and comply with the most up to date Conditions on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Conditions as modified.
2. User Content
Company does not, unless we agree this with you, claim any rights of ownership in your User Content.
You agree and confirm that:
a. all information provided by you is accurate, true and up to date in all respects and at all times, all facts expressed by you in User Content are true to the best of your knowledge and belief and, if your User Content contains opinions, these are your own and genuinely and truly held by you, or, if not, that you accurately attribute them to the author;
b. all User Content is original to you and you are fully entitled (and have all necessary consents) to give the User Content to the Company.
c. nothing in the User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, be in breach of any law or regulation, breach anyone’s privacy or may constitute a contempt of court or be calculated to bring any person or organisation into disrepute;
You agree to indemnify and keep indemnified the Company from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Site, or your User Content or any breach or suspected breach of the Conditions by you or your violation of any law or the rights of any third party.
3. Use Of The Site
You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party.
4. Third Party Sites/Links
The Company is not responsible for the availability or content of any third party websites or material you access through the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services) or for any damage, loss or offence caused by or, in connection with, the same. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links do not imply that Company endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Company or any of its subsidiaries.
5. Disclaimer/Limitation Of Liability
The Site, and information, images, logos and content relating to the Site, or Company and/or any of the Company’s associated companies’, products and services (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind.
The Company will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside the Company’s reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. The Company is not responsible for any problems or technical malfunction of any kind relating to the Site.
The Company makes no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, the Company will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside the Company’s reasonable control; (b) your negligence, your breach of the Conditions or failure to follow the Company’s reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site; or (e) any other factor that is outside the Company’s reasonable control.
Content, information and other material on the Site may contain inaccuracies and typographical errors. The Company does not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.
The Company cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site or any submission of User Content. In no event will the Company or its third party affiliates be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall the Company or its licensors or third party affiliates be liable for any unauthorised use of the Site.
These exclusions do not apply to death or personal injury caused by the Company’s negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
6. The Company’s Intellectual Property Rights, Products And Software
The names, images and logos identifying the Company, its associated companies or third parties and their products and services are proprietary marks of these parties. Nothing in the Conditions shall be construed as conferring any licence or right under any intellectual property right of the Company, its associated companies or any other third party unless expressly stated otherwise.
All copyright, trade marks and other intellectual property rights in the Site (including without limitation the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than User Content and Your Data, shall remain at all times the property of the Company or the Company’s licensors and protected by copyright law.
Any products and services on the Site are subject to availability and are available at the sole discretion of the Company. Where applicable, all references to the Company’s products and services are intended to apply only in the United Kingdom.
From time to time certain software which is the protected work of the Company and its suppliers may be made available to download from the Site. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.
7. Law and Jurisdiction
The Conditions shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Conditions will be decided only by the English courts
If any of the Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
B. Placing orders and purchasing from Newspaper Club
As noted above, your use of the Site which includes making orders and purchasing products and services ("Products") from us is governed by these terms and conditions (“Conditions”) and our Privacy Policy.
General Information about Newspaper Club
Our full name is "Newspaper Club Limited".
Our address for all correspondence is:
Newspaper Club
South Block
58-60 Osborne St
Glasgow
G1 5DH
Our registered office address is:
3 Warners Mill
Silks Way
Braintree
Essex
CM7 3GB
We are a limited company registered in England and Wales under company registration number 06894628.
We are not subject to the control of any supervisory authorities and do not belong to any trade organisations or professional bodies; nor do we subscribe to any particular codes of conduct.
Contracting with Newspaper Club
Set out below are the steps which must be taken to conclude a contract with Newspaper Club when ordering/purchasing from Newspaper Club.
1. Check all variable information e.g. prices. [See ‘Pricing’].
All such information is an "invitation to treat" rather than a contractual offer from us which you are entitled to accept. We reserve the right to correct any errors in such information without any liability to you. We will not be contractually bound to supply you with Products on the basis of any incorrect information, even if such information is repeated in your offer to us ("Order"). Note, your Order will be treated as an offer by you to receive Products on these Conditions which we may or may not accept.
2. You must read, understand and accept these Conditions and our Privacy Policy.
You must read and accept these Conditions and our Privacy Policy prior to placing your Order. If you have any queries about these Conditions or our Privacy Policy, you can contact us at the above contract address.
This website can be used by users of any age. However, orders and purchases can only be made by customers who have attained the age of 18 years. Under 18s who wish to make orders/purchases should do so through an appropriate adult.
3. Completing your Order
You are entirely responsible for selecting the Products you wish to purchase, for supplying and maintaining a functioning e-mail address, your delivery address, for making the appropriate payment and for giving us any other information we request to enable us to fulfil your Order and comply with the Contract. All information you submit to us must be adequate, relevant, accurate and up to date.
You must pay online when making the Order by using PayPal, credit or debit card, or by any other means as set out on our Website.
When you have completed your Order, you will be shown a copy on screen. It is your responsibility to check your Order carefully to identify any errors and to correct them prior to placing your Order. The Website allows you to cancel your draft Order, and to edit any details and once you have finished checking and correcting your Order, please print out a copy before placing it.
4. Place your Order
You may place your Order by clicking on the ‘Order’ button.
We will promptly acknowledge receipt of your Order both on the Website and by e-mail. Please note this does not constitute our acceptance of your Order, but merely confirmation of its receipt.
5. Await acceptance of your Order
You may not assume we have accepted your Order until we send you an acceptance in electronic form (”Acceptance”). Only if and when you receive our Acceptance will we have made a binding legal Contract with you.
You may receive an acknowledgement from our payment processor, advising you that your payment has been authorised. This acknowledgement relates to your payment only. It does not constitute or indicate our Acceptance of your Order.
We will be entitled to refuse to accept your Order at our sole discretion. If we do decide to refuse your Order, we will let you know as soon as we can. If we accept your Order, we will send you an Acceptance promptly.
Further information about the Contract
The Contract will consist of (1) these Conditions, (2) your Order and (3) our Acceptance. There can only be a Contract between us if all these elements are present. Subject to these elements being present, the Contract will come into effect on the date of our Acceptance.
The Products we supply to you shall be subject to any restrictions set out on our Website or in the Contract.
The Contract will not be filed on-line. You should therefore print out and retain copies of each element of the Contract.
These Conditions shall take precedence over and exclude any other terms and conditions you seek to impose.
We may update or change these Conditions from time to time without notice and the date of the most current version is that set out at the top of these Conditions. You must read them each time you place an Order with us through our Website.
We also reserve the right to make any changes without notice to our Privacy Policy, other information on our Website and the specification of the Website in order to comply with any applicable legal or regulatory requirements, in the interests of good business practice, or to improve the design or functionality.
We will only contract in English and not in any other language.
Material Supplied by You
All copy will be supplied by the Customer in electronic format in accordance with the Company’s specification for electronic copy, as amended by the Company from time to time – See ‘PDF Format Requirements’. The Company reserves the right to reject any copy supplied or specified by the Customer which does not comply with the Company’s specification for electronic copy or which otherwise appears to the Company to be unsuitable but the Company will be under no liability to check the quality or suitability of the same.
Where such unsuitable copy is supplied or specified, the Company will not be liable in any way for any delay, defect, shortfall in compliance with the Order or breach of these Conditions or loss resulting from, or to the extent that it results from, or is contributed to by, such copy, or any quality characteristic, unsuitability or defect in the same, or its use for the Work or which would not have resulted had suitable copy been used. The Company shall be entitled to charge the Customer for any additional costs incurred in producing the Work as a result of the supply or specification of such unsuitable copy by the Customer.
The Customer will be solely responsible for maintaining a copy of any original electronic file it supplies to the Company and any information or content uploaded onto the Site. The Company will not be responsible for checking the accuracy of such material unless otherwise agreed in writing.
Illegal Matter
The Company will not be required to print any matter, which in its opinion may be of an illegal or libellous nature or which might involve any infringement of any third party’s rights.
The Customer will indemnify and keep indemnified the Company in respect of any cost, expense, loss, damage, liability or penalty arising from, or incurred by the Company in connection with, any complaint, claim, action, proceedings or prosecution brought or made against the Company or the Customer in respect of, or arising in any way from, any matter or thing appearing in or on any Work or other material printed, processed or dealt with for the Customer by the Company, whether such matter or thing is or is alleged to be illegal, unlawful, libellous, in breach of or an infringement of copyright, trade mark, patent, design or any other third party right and whether such complaint, claim, action, proceedings or prosecution is settled, compromised or litigated in any way.
Pricing and Payment
1. The price payable for standard Products are as itemised – see ‘Pricing’.
2. Subject to our obligation to supply the Products at the price stated in a Contract, we reserve the right at any time to increase the list prices of the Products and to change the range of Products available. We will endeavour to give you as much notice as we can of changes to the range and any increase in prices.
3. You will not be entitled to alter an Order after it has been accepted by us.
4. If you fail to make any payment (including any payment in advance requested by us) on the due date then, in addition to any other right or remedy available to us, we shall be entitled to:
a. cancel the Contract or suspend any further production of Products and deliveries to you;
b. appropriate any payment made by you to such of the Products (or Products supplied under any other Contract with you) as we may think fit; and
In addition to the remedies above, we will have a lien over any materials, documentation and information supplied by you until full payment of any sums owed to us under any Contract has been received.
Almost all of the newspapers we print are zero-rated for VAT. However, a small number will incur the standard 20% charge. If your paper can be described as one of the following it's likely to be liable for VAT: a set of posters, stationery, a calendar, a collection of photos, a questionnaire, reproductions of paintings, wrapping paper (for a full list of printed items and their VAT status see the HMRC site). However, there are mitigating factors - for instance, a newspaper containing a collection of photos that also contained a significant amount of text would be a zero-rated item. If you think your paper may fall into a chargeable category please get in touch and we can advise - it's not always easy to determine.
Delivery
1. The Products you order will be delivered to the address you give when you place your Order. We deliver worldwide to any location listed on our pricing page. 'UK delivery' covers delivery to the UK mainland only. UK addresses outside the mainland may incur extra charges. We may be able to deliver to other locations on request. Orders via a courier service will require a signature on receipt. Larger orders will be delivered on a pallet so delivery addresses must be accessible for large vehicles. A working phone number must be supplied for all orders in case the delivery company need to make contact.
2. For courier and pallet deliveries, if there is no one at the address given who is competent to accept delivery of the Products (all Products must be signed for on delivery by an adult aged 18 years or over), you will be notified that an attempt to deliver the Products was made and you will be given the option to either arrange for a further delivery, or to collect from the courier service's depot. Orders sent by Royal Mail do not require a signature, and are not tracked.
3. Every effort will be made to deliver the Products as soon as possible after your order has been accepted and in any event within 30 days from receipt by us of all information we require from you in order to complete your Order. Dates shown in our delivery calculator are a guide only. No delivery dates can be guaranteed as they rely on circumstances outside our control. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery or if such delay is caused by you.
4. We will use reasonable efforts to deliver the correct quantity of Products ordered. Variations in Product quantities are, however, inherent in the printing process and although we will endeavour to provide you with the accurate quantity of Products ordered, a variation of +/- 10% (“Permitted Error Margin”) of the total quantity ordered shall be deemed permitted and shall not entitle you or us to bring any claim for underpayment or short delivery as the case may be.
5. If you have not received your newspapers within the timeframe stated in our delivery calculator please check the tracking information if you have been sent it, or contact us for more details. Please note that Royal Mail deliveries cannot be tracked, and replacements will not be sent out until 14 days after the original order date. Replacement copies will only be supplied from the original artwork.
6. We are not responsible for the replacement or redirection of any items sent to an incorrect address. The customer is responsible for providing the correct address (including postcode) and a telephone number where someone can be contacted about the delivery, and for ensuring that someone is available to sign for the goods if a signature is required.
Risk and Ownership of Products
You will become responsible for the risk of loss or damage to the Products ordered once they have been delivered to you.
Cancellation
1. We shall be entitled to cancel your Order and any Contract if:
a. in our reasonable opinion the Product or any of its contents are of an illegal, offensive or libellous nature, or
b. you do not pay us the price due for the Products by the due date; or
c. the Printing Data does not comply with the PDF Format Requirements; or
d. the Printing Data is incompatible with the Company’s printers and therefore cannot be printed.
2. You acknowledge that the Products are of a bespoke nature made to your order. Accordingly, you are not be entitled to a “Cooling-off Period” during which you can cancel the Contract and return any Products ordered without incurring liability for the agreed price for the Products. In other words, once your Order is accepted by us, you are not entitled to cancel the contract without our written agreement. This does not affect your statutory rights.
Warranties
The Company warrants that it will use reasonable skill and care in the printing of the Work and agrees that if the Work is defective by reason of any breach of this warranty by the Company, the Company will, at its option, either rectify such defect at its own expense or refund the charge made by the Company for setting and printing the defective Work, but in no circumstances whatsoever will the Company be under any further liability to the Customer of any kind.
Newspaper Club’s Liability
1. Subject as expressly provided in these Conditions, and except where Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
2. Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights as buyer are not affected by these Conditions.
3. A claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within three working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify us accordingly, then you shall not be entitled to reject the Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.
4. Where a valid claim in respect of any of the Products which is based on a defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these Conditions, we shall replace the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), in which case we shall have no further liability to you.
5. Except in respect of death or personal injury caused by our negligence, or liability for defective Products under the Consumer Protection Act 1987, we shall not be liable under or in relation to this Contract or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation) for any technical, factual, textual or other typographical inaccuracies, errors or omissions in information on the Website, for any loss or damage arising from the use of your credit or debit card on the Website, for the unavailability of the Website (or any part of it), for any delay in providing or failing to supply the Products, or for any loss of profits, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, loss of, or loss of use of any software or data, or computer or other equipment or plant, wasted management or other staff time, losses or liabilities under or in relation to any other contract or any indirect, consequential loss or damage (including loss or damage suffered by you as a result of an action brought by a third party).
6. Our liability under or in connection with any Contract shall not exceed the price for the Products, unless expressly provided in these Conditions.
7. Products requiring colour printing may differ slightly from the original or from Products of a different batch of Products produced for you under a previous order by you and any such minor differences are inherent in the printing process and shall not entitle you to reject such Products or to bring a claim for a defect in the quality or condition of the Products or failure to correspond with the agreed specification.
8. We expressly agree that should any limitation of liability Condition or provision contained in the Contract be held to be invalid under any applicable legislation (primary or otherwise) or rule of law by reason of some part of that Condition or provision it shall, to that extent, be deemed omitted, but if we thereby become liable for loss or damage which would otherwise have been excluded or limited, as the case may be, such liability should be subject to the other applicable limitations and provisions set out in these Conditions.
Confidential information
You should be aware that with the exception of credit or debit card numbers and the information we specifically request of you to enable us to enter into a Contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through this Website and any such information you send to us will be deemed by us not to be confidential in nature.
Storage
Any materials, documentation and information supplied by you under any Contract will (unless agreed otherwise) be stored by us only until the date of delivery of the Products you have ordered, after which they may be destroyed without further notice to you. As noted above, you are solely responsible for keeping copies of any and all data, information, works etc. submitted to the Company. The Company excludes all liability for loss or damage to any such material.
Termination of Contract
We may terminate any Contract forthwith on giving notice to you if you fail to comply with any term or condition of any Contract, or if you become bankrupt or (being a company) enter administration or go into liquidation or cease or threaten to cease to carry on business.
Limitation of Action
If you are a business customer, you hereby agree that any claim you may have against us arising out of or in connection with any Contract shall become time barred unless proceedings are commenced against us in a court of competent jurisdiction within 12 months from the date of delivery of the Products to you.
General
1. Any notice which is given under these Conditions shall be either by electronic communication or if by you, by pre-paid recorded delivery, addressed to us at the address in these Conditions and if by us by first class post addressed to you at the delivery address on your Order.
2. Any electronic communication, including your Order, our acknowledgement of receipt of your Order and our Acceptance shall be deemed to be received by us when we are able to access it and by you on the date the electronic communication has been sent by us.
3. You will be responsible for providing and maintaining at all relevant times a properly functioning e-mail address and (without limitation) it will particularly be your responsibility to ensure that your spam filter and/or other e-mail settings do not prevent receipt of or distort any electronic communications from us. Unless you notify us otherwise, we will use your e-mail address for any correspondence with you. With the exception of death and personal injury caused by our negligence, we shall not be liable for any losses or damages suffered by you as a result of your failure to comply with this clause.
4. If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you are in breach of the same or any other Condition after that.
5. If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part Conditions.
6. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless we agree otherwise in writing.
7. The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.
8. We will not have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from circumstances beyond our reasonable control.