1.1 Company details. Posters on Demand Limited (company number 14217723) (“we”, “us”, “our”) is a company registered in England and Wales and our registered office is at Highfield Place Unit 15 Shaw Wood Business Park, Shaw Wood Way, Doncaster, South Yorkshire, England, DN2 5TB. Our VAT number is 419791265.
1.2 Contacting us. To contact us email our customer service team at info@podnow.co.uk . How to give us formal notice of any matter under the Contract is set out in clause 14 .
2.1 These terms and conditions (“Terms”) apply to the order by you and supply of posters by us to you (“Contract”). No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 If you place an order as a consumer, nothing in these Terms will circumvent your statutory rights.
3 Placing an Order and its Acceptance
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the posters specified in the order (“Posters”) subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order together with any personalised details added by you is complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4 . The email will contain details of the order number assigned to your order. Please quote that order number in any correspondence with us.
3.4 We will let you know within 5 working days of receipt of your order (the “Acceptance Period“) if we are unable to accept your order. The Contract between you and us will come into existence at the end of the Acceptance Period or when we process your order, whichever is earlier.
3.5 If you order more than one Poster as part of the same order, we will inform you whether we will (or can) dispatch all Posters as part of the same delivery. Multiple Posters within an order may not all be delivered at the same time.
3.6 If we are unable to supply you with the Posters for any reason, including breach of the terms of clause 5.5 , we will inform you of this by email and we will not process your order. If you have already paid for the Posters, we will refund you the full amount including any delivery costs charged as soon as possible.
4.1 The images of the Posters on our site 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 Posters. The colour of your Posters may vary slightly from those images.
4.2 The packaging of your Posters may vary from that shown on images on our site.
4.3 We reserve the right to amend the specification of the Posters if required by any applicable statutory or regulatory requirement.
4.4 If the Posters contain personalised content selected and added by you, the Posters shall be personalised Posters (“Personalised Posters”). It is your responsibility to ensure that any content you include in a Personalised Poster is correct and that you have the right to use it.
4.5 We take no responsibility for the content of any Poster. We do not warrant that the Posters comply with the laws, regulations or standards in the UK or any other country.
5 Intellectual Property
5.1 For the purposes of these Terms, the following words will have the meanings detailed below:
5.1.1 IPRs means: patents, utility models, rights to inventions, copyright and neighbouring and related rights, all other rights in the nature of copyright, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to protect confidential information and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and
5.1.2 Content means: graphics, photographs, visual images, photographs, data, database content, page layouts, text design, software, applications and other information and material, including the metadata relating to such content.
5.2 To upload a photograph, the image must be in PNG or JPEG format. No other format will be accepted. Our full artwork guidance is contained here: www.podnow.co.uk/artwork. We will accept PNG or JPEG images with a lower image size or resolution but if you are not happy with your Personalised Poster, we cannot accept responsibility.
5.3 By uploading or including any graphics, photographs, images, text or other material (“Your Content”) for a Personalised Poster, you grant us a worldwide, royalty free, irrevocable, sub-licensable, non-exclusive licence to reproduce, use, adapt, distribute and communicate any of Your Content to the public for the purpose of complying with our obligations and exercising any rights you grant to us under these Terms. You agree that we may modify Your Content to meet the requirements of the Personalised Poster you have ordered or our requirements.
5.4 If you upload for use in any Personalised Poster any material created by a third party, it is your responsibility to ensure that you have the prior consent from the owner(s) of all IPRs subsisting in that material to use it. You agree to indemnify, defend and hold us harmless against any third party claim for infringement for any use of their IPRs in a Personalised Poster you have ordered from us. We will not accept any liability if any of Your Content infringes any third party IPRs. You agree to pay to us a sum equivalent to the total of any expenses or compensation we may pay to a third party arising from any infringement claim.
5.5 You must not include or use any content or material in any Personalised Poster which:
5.5.1 is obscene, pornographic, indecent or offensive, has sexual connotations, may incite violence or hatred against any person or group or promotes discrimination based on nationality, race, disability, age, sex, sexual orientation or religion;
5.5.2 is defamatory, threatening, offensive, false, misleading or inaccurate or which might cause distress to any person, contravenes any applicable law, constitutes or promotes or encourages any unlawful act or any illegal drugs;
5.5.3 misrepresents the identity of a person or includes another person’s personal data such as any of their contact details (including but not limited to their address, email address or phone number) except with their prior written consent or;
5.5.4 may adversely affect our brand and/or our reputation or that of any person or entity associated with us or suggests that it has originated from or has been approved by us or anyone associated with us whether or not by reference to any named person or entity; or
5.5.5 infringes anyone’s IPRs or refers to any celebrity or any person in public office.
5.6 Ownership of Your Content and of any IPRs subsisting in it will remain with you or with the person who permitted you to use it.
5.7 All Content on our website www.podnow.co.uk (“Website”) is wholly owned by us or our licensors. No rights are granted in relation to our Content or IPRs except as set out in these Terms. You may use our Website to the extent required to order Posters and/or use our services available on the Website in accordance with these Terms. You must not:
5.7.1 copy, reproduce, distribute, publish, display or adapt any of our Content, materials, Website content or use any of our IPRs without our prior express written permission;
5.7.2 remove any text relating to IPRs contained in any of Posters; or
5.7.3 use any automated means to access the Website for any purpose without our prior express written permission.
5.8 ‘Posters on Demand’, ‘PODNOW’ and ‘POD’ are trading names and you must not use any of them in any matter without first obtaining our consent.
6 Delivery, Transfer of Risk and Title
6.1 We will contact you with an estimated delivery date, which for deliveries within the UK will generally be within 3 working days after the date on which we receive your order (unless we notify you of an issue with your order pursuant to clause 3.6 ) however we do not guarantee delivery dates. Posters are delivered by Royal Mail or such other carrier that we chose to use. Delivery to you may be affected by an Event Outside Our Control for which we are not responsible. See clause 13 (Events outside our control) for our responsibilities when this happens. Orders for international delivery will be dealt with in accordance with clause 6.7 .
6.2 Delivery is complete once the Posters have been delivered to the carrier and the Posters will be at your risk from that time. You are responsible for ensuring that the delivery address details provided by you are correct.
6.3 You own the Posters once we have received payment in full, including of all applicable delivery charges.
6.4 If we fail to deliver the Posters, our liability is limited to the cost of obtaining replacement posters of a similar description and quality in the cheapest market available, less the price of the Posters. 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 posters.
6.5 If the Poster is not received at the delivery address, it will be your responsibility to re-arrange delivery or make arrangements for collection with the carrier. Instructions on how to do so shall be left by the courier at the time of attempted delivery.
6.6 If you fail to take delivery once we have notified you that the Posters are ready for delivery (or the courier returns items to us because you have not taken delivery), we may resell part of, or all the Posters.
6.7 We may agree to send Posters out directly to individuals or organisations on your behalf. If you are interested in this fulfilment service, please contact us at info@podnow.co.uk for a bespoke price for the despatch of Posters. If we do agree to send Posters directly to individuals, then the personal data that you provide will be processed by in accordance with clause 15 and our privacy policy at https://www.podnow.co.uk/privacy-policy/.
6.8 If you fail to take delivery once we have notified you that the Posters are ready for delivery (or the courier returns items to us because you have not taken delivery), we may resell part of, or all the Posters.
7 International Delivery
7.1 Please contact our customer service team (see clause 1.2 for contact details) in advance if you wish to place an order for international delivery. We will let you know whether delivery to your proposed delivery address is possible and provide you with a quote for the delivery costs. You can then confirm whether you wish to place an order.
7.2 If you order Posters for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Posters are destined. We will not be liable or responsible if you break any such law.
8 Price of Posters and Delivery Charges
8.1 The prices of the Posters will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Posters are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Posters you ordered.
8.2 Prices for our Posters may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Posters excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Posters in full before the change in VAT takes effect.
8.4 The price of the Posters does not include delivery charges. Our delivery charges are as advised to you during the check‑out process, or in accordance with clause 7.1 before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page: www.podnow.co.uk/delivery-and-returns.
8.5 It is always possible that, despite our reasonable efforts, some of the Posters on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
8.5.1 where the Posters’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Posters to you; and
8.5.2 if the Posters’ correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Posters at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Posters and refund you any sums you have paid.
9.1 Unless we agree otherwise, you can only pay for Posters using a debit card or credit card. We accept the following cards: Visa Credit, Visa Debit, Mastercard Credit and Mastercard Debit.
9.2 Payment for the Posters and all applicable delivery charges is in advance. Payment will be taken at the point of order unless otherwise agreed with us.
10 Our Warranty for the Posters
10.1 We provide a warranty that on delivery, the Posters shall:
10.1.1 subject to clause 4 , conform in all material respects with their description; and
10.1.2 be free from material defects in design, material and workmanship.
10.2 Subject to clause 10.3 , if:
10.2.1 you give us notice in writing within a reasonable time of discovery that some or all of the Posters do not comply with the warranty set out in clause 10.1 ;
10.2.2 we are given a reasonable opportunity of examining the Posters; and
10.2.3 we ask you to do so, you return the Posters to us at your cost,
we will, at our option replace the defective Posters, or refund the price of the defective Posters in full.
10.3 We will not be liable for breach of the warranty set out in clause 10.1 if:
10.3.1 you make any further use of the Posters after giving notice to us under clause 10.2 ;
10.3.2 the fault is a result of your own actions, such as errors in personalisation;
10.3.3 you alter the Posters without our written consent;
10.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.3.5 the Posters 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 Posters’ failure to comply with the warranty set out in clause 10.1 to the extent set out in this clause 10 .
10.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.6 These Terms also apply to any repaired or replacement Posters supplied by us to you.
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 We only supply the Posters for internal use by your organisation and you agree not to use the Posters for any resale purposes.
11.3 Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law.
11.4 Subject to clause 11.3 , we will under no circumstances be liable to you for: any loss of profits, sales, business, or revenue; or loss or corruption of data, information or software; or loss of business opportunity; or loss of anticipated savings; or loss of goodwill; or any indirect or consequential loss.
11.5 Subject to clauses 11.3 and 11.4 , our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed a sum equal to 100% of the price of the Posters.
11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Posters. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Posters are suitable for your purposes.
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Posters to you, or terminate the Contract with immediate effect by giving written notice to you if:
12.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so;
12.1.2 you fail to pay any amount due under the Contract on the due date for payment;
12.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
12.1.4 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
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:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 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 Posters 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 will return (at our cost) any relevant Posters you have already received and we will refund the price you have paid, including any delivery charges.
14.1 When we refer to “in writing” in these Terms, this includes email.
14.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre‑paid first class post or other next working day delivery service, or email.
14.3 A notice or other communication is deemed to have been received:
14.3.1 if delivered by hand, at the time the notice is left at the proper address;
14.3.2 if sent by pre‑paid first class post or other next working day delivery service, at 9.00am on the second working day after posting; or
14.3.3 if sent by email, at 9.00am the next working day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.1 Each party shall comply with applicable requirements of the Data Protection Legislation. This clause 15 is in addition to and does not replace a party’s obligations under the Data Protection Legislation.
15.1.1 “Data Protection Legislation” means in each case to the extent applicable to the parties and as amended, superseded, replaced or updated from time to time: (i) (ii) UK GDPR (having the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018; (ii) the Data Protection Act 2018; (iv) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) any other applicable data protection and privacy laws;
15.1.2 The terms “controller”, “processor”, “data subject”, “personal data”, “personal data breach”, “process”, “processing”, “supervisory authority” and “third country” have the meanings prescribed in the Data Protection Legislation. The term “Purpose” means our provision of fulfilment services to you.
15.2 For the purposes of the Data Protection Legislation, you are the controller and we are the processor. Clause 15.11 sets out the subject matter, nature and purpose of our processing, the duration of the processing, the types of personal data, categories of data subject and your obligations and rights as controller.
15.3 We shall:
15.3.1 process personal data only on your written instructions and only to the extent required to fulfil the Purpose. If we are required by any applicable laws to process personal data we shall, to the extent legally permitted, notify you before doing so;
15.3.2 have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of, accidental loss or destruction of or damage to personal data;
15.3.3 not engage another processor without your general written authorisation and without ensuring that equivalent data protection obligations to those set out in this clause 15.11 are imposed in a written contract on that other processor and we shall remain fully liable to you for performance of the other processor’s obligations;
15.3.4 ensure that persons who have access to or process personal data are under a contractual or statutory obligation of confidence;
15.3.5 not transfer personal data outside of the United Kingdom without your prior written consent. Where you give consent, we shall only process, or permit the processing of personal data outside the United Kingdom on the basis that one of the legally effective safeguards prescribed by the Data Protection Legislation is in place;
15.3.6 assist you to respond to any request from a data subject;
15.3.7 notify you if we receive a request from a data subject to exercise any of their rights under the Data Protection Legislation in relation to the personal data processed by us pursuant these Terms;
15.3.8 notify you without undue delay if we become aware of a personal data breach;
15.3.9 taking into account the nature of our processing and the information available to us, provide reasonable assistance to you complying with its obligations pursuant to Articles 32 to 36 of GDPR;
15.3.10 at your written direction, delete or return personal data to you on termination unless we are required by law to continue to store the Personal Data in which case we will notify you in writing of that retention requirement;
15.3.11 maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by you, provided that you shall provide reasonable notice of any audit it wishes to carry out (limited to a maximum of one audit per year); and
15.3.12 immediately inform you if, in our opinion, your instruction infringes the Data Protection.
15.4 The following describes the nature of processing of personal data under these Terms:
15.4.1 PROCESSING BY THE PROVIDER
15.4.1.1 SCOPE: our provision of fulfilment services to you.
15.4.1.2 NATURE: you will supply us with personal data that we will format to despatch labels for the fulfilment service.
15.4.1.3 PURPOSE OF THE PROCESSING: to enable us to package and deliver Posters to the data subjects’ employers, as instructed by you.
15.4.1.4 DURATION OF THE PROCESSING: processing occurs for the duration of the period we agree to provide fulfilment services, however each individual data subject will only have their personal data processed for the specific deliveries that you have identified
15.4.2 TYPES OF PERSONAL DATA: name; position; employer’s name; employer’s address.
15.4.3 CATEGORIES OF DATA SUBJECT: employees or other contractors of your customers, who have been identified as to be the recipient of a delivery.
16 General
16.1.1 Unless expressly provided otherwise in these Terms, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
16.1.2 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
16.2 Assignment and transfer.
16.2.1 We may assign or transfer our rights and obligations under the Contract to another entity.
16.2.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.3 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.4 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
16.5 Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
16.6 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of the Terms.
16.7 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
