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Printberry Terms of Use

Printberry Terms of Use apply to all supplies of goods and/or services provided by Printberry to the Customers / Clients unless otherwise agreed in writing by a duly authorised representative of Printberry. The Terms of Use below will control and regulate your access and use of this website. By accessing or using this website, you agree to oblige with these Terms of Use. Printberry reserves the right to make changes, modify this website, and to these Terms of Use at any time without prior notice. Please regularly review these Terms of Use when you access this website.

1. About Us

Printberry is an online stationery store, print shop, and social enterprise. We are based in Lagos, Nigeria with a nationwide reach and the ability to meet your needs no matter where you are.
Printberry was conceptualized to help consumers navigate the minefield that is stationery purchasing. Our vast knowledge and experience in the stationery business means that, with our help, you, our dear customer, will always make the right choice when it comes to your stationery needs.

In addition to stationery sales, Printberry is a specialist in stationary personalization. Whether it’s creating beautifully designed letter-headed paper for your company, or engraving your loved ones’ initials on one of the Premium pens in our collection, Printberry will give you good quality work at a great value.
We are also specialists in printing. Annual reports, programs for your special events, your manuscript, you name it, we can print it.

Lastly, we believe in giving back and encouraging others to the same. We conceived Printberry as not just an e-commerce entity but one that also helped uplift the less-privileged in society. As we grow, we hope to extend and enhance our efforts at social development and inclusion

2. Use of Site

Regarding the use of the site; You are permitted to access and use this website and its content solely for the purpose of preparing, evaluating, and ordering products or services solely through Printberry referred to herein as “Products”. No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. The purchase of products from Printberry neither permits you nor entitles you to use any content on the site apart from the finished products as they are supplied by Printberry.

With no exceptions, no portion of the content from this site should be used as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property rights of any person or entity. You agree that you will not use the website to produce products that are offensive, unlawful, libelous, defamatory, slanderous, scurrilous, threatening, harmful, obscene, malicious, or otherwise objectionable. Printberry reserves the right to withdraw its service to customers found to be using this site to engage in undesirable activities.

You are exclusively responsible for your use of our content in combination with any other images, graphics, text or other materials you incorporate into your products. You accede to the terms that you will not include any text, image, design, graphics, trademark, service mark, or any copyrighted work of any third party in your products except you have received due consent and authorisation from the owners. You guarantee that your products do not encroach upon and violate the rights of any third party, including copyright, trademark, right of publicity, or privacy, and will not libel or defame any third party, and that you have all required rights or appropriate authorisation necessary to incorporate third party material or content into your products, including any third party material made available via a third party design service which may be accessed via the website. By placing an order on this website, you guarantee that you have obtained all necessary permission, right, and authorisation to place the order and you authorise Printberry to produce the products on your behalf.

You undertake that you are accountable for the security of your password and controlling access to your registered account. You agree that you will be held responsible for all orders placed or other actions that are taken through your registered account.

3. Approvals

Prior to producing the products designed using our templates, we will provide electronic proof of the product available for your approval. You are responsible for the approval of these proofs. You accede to the terms that once you have approved the proof, the Products cannot be changed nor canceled. We will not be held liable for any errors in the proof subsequently discovered by you after your approval has been given. For orders made using your own design files or authorised design files from a third party, Everything Pen and Paper shall have no liability to you for errors due to mistakes on files uploaded, as you are solely responsible for the accuracy of the information you provided us.

4. Availability and Delivery

Barring any unwonted, inconceivable, or exceptional events and circumstances, your products will be dispatched for delivery in accordance with the delivery service chosen by you during the ordering process. Working days are Sunday to Friday, excluding public holidays. When the delivery is delayed due to exceptional circumstances, we will complete the delivery as soon as we reasonably can. In addition, when delivery is not possible as a consequence of an incorrect delivery address detail you provided when making an order, our delivery service will return the products to us. Please note that Printberry reserve the right to make an additional delivery charge for re-despatch of the products to the correct delivery address.

All products will be signed for upon delivery. We will bear no liability If anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient, provided that the product was delivered to the delivery address provided by the purchaser.

5. Risk and Title

Once the product is delivered to the delivery address in the information provided to us and has been duly signed and taken receipt of by the signee. The products will be at your risk from the time of delivery. Summarily, Ownership of the products will pass to you on delivery.

6. Force Majeure

Printberry shall not be held liable if unable to fulfill any provision of the contract for any reason beyond our reasonable control including (without limiting the foregoing): Act of God, legislation, war, pandemic, fire, flood, inadequacy, or unsuitability of any instruction, data or materials required for the performance of the contract. During the continuance of such a contingency, you may by way of a written notice to Printberry choose to terminate the contract and are obligated to pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

7. Our Return and Replacement Policy

If you have a reason to believe that a product is defective or the product received doesn’t match the product ordered, we may request that you return the product for our examination and possible replacement. The customer may return the Product that was purchased within 15 working days of delivery for a full refund on the condition that the fault was reported within 24 hours of receipt of the product. Should the job contain manufacturing errors and/or defects and/or does not match the approved proof; Printberry would replace the product at no charge.

Printberry reserves the right to define and determine what a manufacturing error and defect are.
The Client must arrange the returning of the Product to the Company and therefore pay it costs. In order to receive a replacement, the Customer must return no less that 95% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.

8. Indemnification

You agree that you shall indemnify and defend Printberry and all parties from whom Printberry has licensed portions of content, and their directors, officers, and employees, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to your breach of these Terms and Conditions, or any suit, claim, or demand arising from or relating to any text, photograph, image, graphic, or other material you incorporated into products that were not part of the standard website content.

9. Updates, Modifications, and Amendments

We may need to update, modify or amend our Terms and Conditions as technology evolves and newer trends emerge. We reserve the right to make changes to these Terms of Use at any time by giving notice to users on this page.
It is imperative that you access this page very regularly, referring to the date of the last modification on the page. If a user objects to any of the amendments to the Terms of Use, the User must cease using our website and/or services immediately.

10. Price and Payment

The price of any product will be as quoted on our site from time to time. The price of the product will be the price in force at the date and time of order Our prices do not include VAT and delivery costs, which may be added to the total amount due as set out in the basket section of the online ordering process.

Printberry may cancel an order if for any reason incorrect prices are quoted for a product.

Prices may be changed at any time without prior notice, but changes will not affect orders in respect of which we have already sent you an order confirmation.

11. Intellectual Property Right

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Printberry claims ownership of all intellectual property rights to and into the website, including, without limitation, any and all rights, interest in and title to a copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, trade secrets and inventions (whether patentable or not), goodwill, source code, databases, text, content, graphics, icons, and hyperlinks. You admit and accede to the terms that you shall not use, reproduce or distribute any content from the website belonging to Printberry without obtaining due authorization from Printberry.

Regardless of the aforementioned terms, let it be known that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with respect to the product customization service (as against other services like blogs and forums) you hereby affirm that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive permission for the use of the same.

12. Written Communications

Regarding your use of our site, you affirm that your communication to us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you hereby agree that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

13. Applicable Law

These Terms and Conditions shall be interpreted and governed by the laws currently implemented in the Federal Republic of Nigeria.

14. Disclaimer of Warranty

THE SITE- PRINTBERRY, AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT WITH NO LIMITATIONS TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

15. Limitation of Liability

UNDER NO CIRCUMSTANCE SHALL PRINTBERRY OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE HELD ACCOUNTABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGE OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRINTBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, STEMMING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM US, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. UNDER NO SITUATION SHALL PRINTBERRY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR REPERCUSSIONS STEMMING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

16. Dispute Resolution

Printberry will do all we can to settle all disputes amicably. Any dispute arising out of this Terms and Conditions, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be transferred for arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The decision of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. The venue for the arbitration shall be Lagos, Nigeria.

17. Severability

If this Terms of Use is scrutinized by a competent court of law and any portion of these Terms and Conditions is held by any competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be removed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms and Use.

18. The Agreement

Terms of Use is an agreement between you and Printberry. It elucidates our obligations to you our dear customer. The agreement also highlights certain risks on using our services and you must consider such risks carefully as you will be bound by the provision of this agreement and obligated to abide by these terms through your use of this website or any of our products services.