Terms & Conditions

Last updated on 15^th July 2024
Rightpak Ltd

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND BROWSING WEBSITE

Welcome to Rightpak Ltd (Rightpak).

In these terms,

•'Rightpak', 'we', 'us' or 'our' means Rightpak Ltd (company no. 10675926) having registered office at Unit 7 Kingley Park, Station Road, Kings Langley, WD4 8GW, UK; and

• 'you' or 'your' means the person using our site to buy services from us.

What are these terms about?

These terms apply when you use this website, www.rightpak.co.uk and any other websites we operate with the same domain name and a different extension ("Website").

These terms also apply when you purchase products and services through this Website ("Products").

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.rightpak.co.uk/privacy-policy.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

· Part A: Terms for when you buy Products (applies when you buy readymade stock)

· Part B: Specific Terms for Customised Orders (applies when you buy customised orders)

· Part C: Terms for when you browse and interact with this Website (applies when you browse)

· Part D: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchasing any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

Part A For When You Buy Products

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in some cases, you can change your mind and get a full refund. Please note this does not include contracts for goods that are made to your specifications or are clearly personalised. For the Products that are custom-made for you, in which case this 14-day cooling-off period will not apply.

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our Products are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to: sales@rightpak.co.uk

1 SUBMITTING AN ORDER

1.1 ORDERS

(a) By submitting an order for the purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit, credit card, or bank transfers you provide with your Order.

(b) Submitting an Order (via Website or email) constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount.

(c) Part A and Part B of these terms are not agreed between you and us until we have approved your payment, and you receive an email from us confirming that your order is being processed.

1.2 INFORMATION WE GIVE YOU

(a) By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms. If you cannot access this information for any reason, please contact us.

(b) The key information we give you by law forms part of this contract (as though it is set out in full here).

2 ACCOUNTS

(a) In order to use some of the functionality of the Website, you may either sign up and register an account through the Website (an Account) or you may check out as a guest without registering for an Account.

(b) As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, profile information, payment details, and other information as determined by Rightpak from time to time.

(i) maintaining the confidentiality and security of your Account information and your password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

(d) Rightpak may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.

(e) We will not be responsible to you for and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

(f) You agree to release Rightpak from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.

(g) You may cancel your account at any time by contacting us. To the extent permitted by law, we reserve the right to terminate your access to our Website at any time without notice and for any reason.

3 PRODUCTS

3.1 PRODUCTS

(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, various device screens, and image quality, Products may not exactly match the image on our Website. We try to make sure that:

(i) all weights, sizes and measurements set out on the Website are as accurate as possible, but due to the nature of the Products, there may be some small deviations in such weights, sizes and measurements in the actual Products than those specified on the Website; and

(ii) the colours of our Products are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

(b) Until the price of your Products is paid in full, the title of those Products is retained by Rightpak. The risk in the Products will pass to you on delivery or when collected by carrier in accordance with clause 5. Delivery must not be refused by you unless we have resent the Order due to loss or damage during the shipping.

(c) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products we provide to you must be as described, fit for purpose and of satisfactory quality.

(d) We are under a legal duty to supply you with Products that are in conformity with these terms (subject to your Order being accepted and confirmed).

3.2 FAULTY PRODUCTS

(a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

(i) contact us using the contact details on our site; or

(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

(b) Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under the law.

4 PAYMENT

(a) All prices are:

(i) per unit or per pack (as indicated on the Website or in email);

(ii) in British Pounds (except where otherwise indicated); and

(iii) subject to change prior to you completing an Order without notice.

(b) The prices for customised Orders such as rotogravure printing, digital printing, or any such customised Orders will be either as listed on our Website or as per the price quotation provided to you by Rightpak. Such price quotation shall be valid only for 14 days from the date of quotation due to fluctuation in exchange rates and volatility. If the price quotation expires, please contact us for updated pricing prior to placing an Order.

(c) (Payment obligations) Unless orders are placed under Part B or via email, you must pay for all Products at the time of placing an Order.

(d) (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the Order as shown during checkout or on the final invoice. VAT will be calculated at the prevailing rate within your territory once your delivery address and country are determined.

(e) (Online payment partner) Other than Bank transfers, we may use third-party payment providers (Payment Providers) to collect payments for Products, including Klarna, Stripe or PayPal. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Klarna’s terms of use are available here. Stripe’s terms of use are available here, and PayPal’s terms are available here. All such terms are binding on you.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

(g) (Taxes) You are solely responsible for all the local duties and taxes as applicable for any Orders imported into a country outside of the UK. If you are a customer within the European Union, please provide us with your EORI number and VAT number for the purpose of invoicing.

5 DELIVERY AND SHIPPING

(a) All the prices shown on the Website (except for customised, be-spoke or sample Orders) are inclusive of free deliveries within the United Kingdom (Zone 1) only. Any deliveries in Zone 2 to Zone 6 or any upgraded delivery options are separately charged as selected by you.

(b) For information regarding delivery zones, delivery time estimates and costs, please refer to delivery information here or contact us at sales@rightpak.co.uk. During the online checkout process, you will be given available delivery options to choose from.

(c) Delivery costs will be added to the cart upon checkout on the Website or as stated in the email quote. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(d) Delivery will take place to the address provided by you when you place your Order with us. If any delay arises due to incorrect or incomplete delivery details provided by you, Rightpak shall not be held responsible for this.

(e) You are responsible for any Products once it has been delivered to the address specified by you when you placed your Order. In other words, the risk and title in the Product will pass on to you when you take, or a third party notified by you takes, possession of the Product or collection by the carrier on your behalf.

(f) Third-party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. Subject to the other provisions of clause 5, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(g) Rightpak may refuse international Orders. Any approved international Orders may be subject to customs and import duties upon reaching their country of destination. As stated above, you will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. We will not be liable for any costs you may incur in having your Order released from customs, including reimbursing you for any customs or import duties you may pay.

6 CHANGES TO YOUR ORDER

6.1 CANCELLATION BY US

We reserve the right to cancel your Order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

6.2 CANCELLATION BY YOU

You may cancel your Order (except customised and be-spoke Orders) up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you, subject to this clause 6 - our refunds and exchanges process may apply.

6.3 CONTRACTS THAT CAN BE CANCELLED FOR CHANGE OF MIND

(a) For many contracts for the sale of goods (except those set out in clause 6.4), you have the right to cancel Part A of these terms within 30 days without giving any reason.

(b) This cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the relevant goods.

(c) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on our website.

(d) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.4 CONTRACTS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND

(a) If you place an Order for customised packaging Products as per Part B, we do not offer change of mind cancellation for contracts for goods that are made to your specifications or are clearly personalised. In the event, you intend to cancel the customised Order placed by you, please reach out to us immediately by sending an email to sales@rightpak.co.uk. We will try to assist you with cancellation for the customised Products, however, we cannot assure you that we will be able to cancel the Order since the order is customised. Your email to us regarding cancellation should not be constituted as a confirmation of the cancellation. The Order will be cancelled only if we expressly agree in writing and inform the same to you.

(b) For these goods, we are under no obligation to offer a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

6.5 FAULTY GOODS

(a) For all goods purchased, you have statutory rights if your Order has been damaged in transit or the goods were not of satisfactory quality or as described, which may entitle you to a replacement or refund. Nothing in this clause 6.5 will require us to provide a refund, repair or replacement in respect of loss or damage to goods caused by you, or otherwise caused to the goods after they entered your possession.

(b) If you do have the right to cancel these terms due to the relevant Product(s) being faulty, we will reimburse you all payments received from you in respect of the relevant Product, including the cost of delivery.

6.6 Shortage and missing products

(a) (Shortage) An item or a Product that is missing within the delivery but is listed as picked and packed on the packing slip should be reported to us in writing immediately, upon delivery of the goods.

(b) (Picking error) An error in picking is a non-receipt of an item listed as picked and packed on the packing slip but received another item not ordered.

(c) (Non-receipt) Any non-receipt of a partial or entire Order should be notified to us within 5 business days from the date of the expected delivery date.

(d) In respect of Shortage and Picking errors, please keep the packaging intact, and report to us immediately by supplying us with a photograph of the original packaging and the packing slip for our investigations.

(e) In respect of Shortage, the Picking error and Non-receipt, we will take 3 business days from the date of notification to conduct internal investigations. Subject to the outcome of the investigation, we may either send a replacement or issue a refund as applicable.

6.7 RETURNS PROCESS

(a) If you wish to cancel this contract:

(i) due to change of mind, in accordance with clause 6.3; or

(ii) due to the goods being faulty, in accordance with clause 6.5,

we will reimburse you all payments made by you, including the cost of delivery (subject to clause 6.5(b) and the process set out in this clause 6.7 will apply, provided that:

(iii) clause 6.3 applies to the relevant good; or

(iv) the relevant good(s) is faulty in accordance with clause 6.5,

and if neither applies, then we may refuse your refund/cancellation request.

(b) We will use the same method of payment for issuing any refund owed to you using the method you used for your initial payment unless we have expressly agreed otherwise.

(c) We may make a deduction from any reimbursement issued to you for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

(d) We will pay any refund owed to you without undue delay, and not later than:

(i) 3 business days after the day we received back from you any goods supplied; or

(ii) if there were no goods supplied, 3 business days after the day on which we are informed about your decision to cancel this contract (if applicable).

(e) For any requested refund under clause 6.5, we may withhold reimbursement until we have inspected the relevant goods, to ensure that they are faulty and that a refund or replacement is appropriate.

(f) If you have received the goods and wish to cancel these terms under clause 6.3:

(i) you must send back the goods to us without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation from these terms to us (if this clause 6.7 is applicable). The deadline is met if you send back the goods before the period of 30 days has expired;

(ii) you will have to bear the direct cost of returning the goods;

(iii)you must provide us with an image of the packaged goods and postage tracking number; and

(iv)you will only be liable for any diminished value of a good resulting from your handling of the good(s) to the extent that handling wasn’t necessary to establish the nature, characteristics and functioning of the good(s).

6.8 REFUNDS

(a)Unless otherwise agreed herein, any refunds to you will be initiated by us within a period of 3 business days from the date of such refund owed to you. We will not be able to refund any customised or be-spoke Orders, unless approved in writing by us.

(b)We also provide a 30-day money-back guarantee for certain products on our Website (except for any customised, be-spoke or sample Orders), subject to that such products must be unused, undamaged, completely retained in its original primary packaging according to the pack quantity, and in a resalable condition. In the event, Rightpak delivers any complimentary stock as a goodwill along with the Order, such complimentary stock shall be returned as well to Rightpak along with the return of the Order.

7 INTELLECTUAL PROPERTY

(a)Rightpak retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

(b)We reserve the right to use the images and sample goods of any customised or bespoke Orders manufactured by us, only for the purpose of marketing by way of displaying in our portfolio, website, catalogue, social media and leaflets. If you want us to stop using the images and/or samples, please contact us immediately.

(c) You hereby agree and understand that you will not supply any data, logo, image, label, or artwork which will infringe or violate any third party’s intellectual property rights. You shall be solely liable and indemnify Rightpak in case any third party claims any infringement or violation of any such material supplied by you for customised orders.

(d)In this clause 7, "intellectual property rights" means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.

8 THIRD PARTY SUPPLIERS

(a) We may do any of the following:

(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or

(ii) procure materials and Products from third party suppliers,

without further notice or permission from you.

(b)To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

Part B Specific Terms for Customised Orders

9 ROTOGRAVURE PRINTING

(a)(Proforma) Rotogravure Orders are based on a Pro-forma basis, therefore 40% of the Order price is payable in advance along with 100% of the cost of the cylinder(s). The balance payment of the Order shall be made upon providing you with a final invoice considering the quantity tolerance (as below) along with the shipping costs for the shipping preference of your choice.

(b)(Digital Proof) A digital proof will be provided to you prior to starting production for the goods. Until we receive written approval from you, we will not start the production of the goods. We do not accept any responsibility or liability for any errors in a proof approved by you. Any changes you wish to make to your approved artwork will incur additional costs if production has begun, including cylinder making has already begun or is already complete, or if the print and formation process has begun. Rightpak is not liable for any misprints, printing errors or mistakes for any artwork that was overlooked by you.

(c) (Cylinders) The exact number of cylinders required for Rotogravure printing will be confirmed by our overseas graphic team upon the final artwork being approved by you.

(d)(Quantity Tolerance) Rotogravure printing is subject to the quantity tolerance which will be charged for over production or credited for under production as follows:

Order quantity up to 10,000 units	+/- 30%
Order quantity of 10,001-25,000 units	+/- 20%
Order quantity over 25,001 units	+/- 10%

(e)(Machine movement tolerance) Due to the machine movement tolerance, you hereby understand that the dimensions and artworks may vary +/- 2mm.

(f)(Lead Time) All the delivery and lead times are estimates only. We are not responsible or liable for any delay in delivery of goods for any reason whatsoever. Please note that the first Rotogravure Order with us usually takes an extra 1-2 weeks for the cylinder production.

By Sea (value for money): The total lead time by sea is 9-12 weeks which includes the production period from the approved artwork and payment and dispatching from the overseas factory is around 3-4 weeks, and sailing time and UK customs clearance is around 6-8 weeks.

By Air (Economy): The total lead time by air is 4-6 weeks which includes the production period from the approved artwork and payment and dispatching from the overseas factory is around 3-4 weeks, and air freight and UK customs clearance is around 7-10 days.

(g)(Cylinder ownership and disposal) All the cylinders, tools, moulds and other equipment made, prepared or obtained by us shall remain our property whether you have paid for it or not. The specially designed unique cylinders for your Order will be kept in our overseas storage for 1 year from the production date, however, this can be extended for future productions which will need to be agreed in writing. If the initial 1-year term has passed and the cylinders have not been used and an agreement has not been made between you and Rightpak to extend the storage term, the cylinders will automatically be discarded.

10 DIGITAL PRINTING

(a)(Pricing) The pricing for the digital printing is live as displayed on the Website, so you should always refresh prior to checkout. Alternatively, we can also provide you with a price quote for the digital printing.

(b)(Proforma) Digital printing Orders are based on a Pro-forma basis, therefore 100% of the price quoted shall be paid in advance. Any dispatch of an Order for the digital printing will be subject to the quantity tolerance and clear payment for any over production incurred.

(c) (Digital Proof) A digital proof will be provided to you prior to starting production for the goods. Until we receive written approval from you, we will not start the production of the goods. We do not accept any responsibility or liability for any errors in a proof approved by you. Any changes you wish to make to your approved artwork will incur additional costs if production has begun. Rightpak is not liable for any misprints, printing errors or mistakes for any artwork that was overlooked by you.

(d)(Quantity Tolerance) Digital printing is subject to the quantity tolerance which will be charged for over production or credited for under production as follows:

Order quantity 500 to 1,000 units	+/- 30%
Order quantity of 1,001 to 2,500 units	+/- 20%
Order quantity over 2,501 units	+/- 10%

(e)(Machine movement tolerance) Due to the machine movement tolerance, you hereby agree that the dimensions and artworks may vary +/- 2mm.

(f) (Lead Time) All the delivery and lead times are estimates only. We are not responsible or liable for any delay in delivery of goods for any reason whatsoever. Please note that the first order with us usually takes an extra 3-4 business days.

By Sea (value for money): The total lead time by sea is 9-12 weeks which includes receipt of PO, advance payment, production period from the approved artwork and dispatching from the overseas factory is around 7-10 business days, and sailing time and UK custom clearance is around 6-8 weeks.

By Air (Economy): The total lead time by air is 3-4 weeks which includes receipt of the PO, advance payment, production period from the approved artwork and dispatching from the overseas factory is around 7-10 business days, and air freight and UK customs clearance is around 7-8 days.

By UK partner (Express). The total lead time is 10-15 business days from the receipt of the PO, cleared payment and approval of artwork.

11 LABELLED PACKAGING AND LABEL PRINTING

(a)(Pricing) The prices shown on the Website include standard delivery with an Economy Label Processing Service. An Express Label Processing Service is available at an additional cost. The payments shall be made in full and cleared in advance prior to processing of the orders.

(b)(Digital Proof) A digital proof will be provided to you (if requested by you) and will require approval by you prior to printing. We do not accept any responsibility or liability for any errors in a proof approved by you. Any changes you wish to make to your approved artwork will incur additional costs if production has begun.

(c) (Print Conversion) Label artwork is required in CMYK (Cyan, Magenta, Yellow, Key) and any conversion from RGB (Red, Green, Blue) or ICC (International Colour Consortium) to CMYK will be at the customer’s risk. Any conversions will result in variations of colour compared to the original.

(d)(Label Application) Label application is applicable only for label packaging to our own stocked pouches. Labels are applied to pouches by hand. Although we take great care and attention to keep every label straight and inline, we cannot be held responsible for the continuity of positioning.

Part C For When You Browse This Website

12 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

13 YOUR OBLIGATIONS

You must not:

(a)copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Rightpak;

(b)use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity or that may adversely impact the reputation of Rightpak; or

(c) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by gaining unauthorised access to Website accounts or data.

14 INFORMATION ON THE WEBSITE

(a)While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii)information you receive or supply through the Website will be secure or confidential; and

(iv)any information provided through the Website is accurate or true.

(b)We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

15 INTELLECTUAL PROPERTY

(a)Rightpak retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b)You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Rightpak or as permitted by law.

16 THIRD PARTY TERMS AND CONDITIONS

(a)The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.

(b)The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Rightpak will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

17 LINKS TO OTHER WEBSITES

(a)The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)The inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

18 SECURITY

Rightpak does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with the use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

Part D Liability And Other Legal Terms

19 LIABILITY

(a)The Company shall not be liable to you for loss of profits or income, loss of sales or business, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, or indirect or consequential loss, however arising whether in contract, tort (including negligence), equity or otherwise. Rightpak’s total liability to you shall be limited to the relevant Order value paid by you, or £100 (whichever is higher). Nothing in these terms or any Order will exclude or limit a party’s liability for fraud, intentional unlawful conduct, or death or personal injury resulting from a party’s negligence.

(b)All express or implied representations and warranties in relation to Products and the associated services performed by Rightpak are, to the maximum extent permitted by applicable law, excluded.

(c) (Indemnity) You indemnify Rightpak and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’ breach of any of these terms (including but not limited to supplying Rightpak with infringed material for customised orders), use of the Website, or use of any Products, or other goods or services provided by Rightpak.

(d)To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.

20 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

21 FORCE MAJEURE

If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(b)Subject to compliance with clause 21(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d)(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:

(i) act of God, such as but not limited to lightning strike, meteor strike, earthquake, storm, flood, snow, landslide, explosion or fire;

(ii) strike or other industrial action outside of the control of the Affected Party;

(iii)war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv)any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

22 GENERAL

22.1 GOVERNING LAW AND JURISDICTION

These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.

22.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.

22.4 JOINT AND SEVERAL LIABILITY

An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

22.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

22.7 ENTIRE AGREEMENT

These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

22.8 INTERPRETATION

(a) (singular and plural) words in the singular include the plural (and vice versa);

(b) (currency) a reference to £, or "pound", is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to "$" or "dollar" is to USD, unless otherwise agreed in writing;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely by a party because that party was responsible for the preparation of these terms or that provision.

23 CONTACT US

If you would like to place any orders or have any questions about the Products or Orders, please contact us by sending an email to sales@rightpak.co.uk; or calling us on 01923330452 (our telephone lines are open from Monday to Friday: 9 am to 6 pm).