1. Information About Us
www.cdclick.co.uk ("our website") is a website operated by www.cdclick-europe.com and Duplico srl ("we, our, us").
2. How the Contract is formed between You and Us
After placing an order, you’ll receive an e-mail from us acknowledging that we have received your order.
You'll receive an Intellectual Property Rights Agreement form that you have to fill to allow us to ship your Products.
The order is shown as “waiting for IPR form” and is not manufactured till we receive your form filled.
You can pay by wire transfer or by PayPal. If you pay by PayPal, you’ll get an e-mail confirming your payment directly from them and your order goes immediately in the manufacturing queue. If you pay by “wire transfer”, your order wont be manufactured till we receive your wire transfer. The order is shown as “waiting for payment” and is not manufactured till we receive your payment. When we receive your wire transfer, your order goes immediately in the manufacturing queue.
The quantity and description of the Products shall be as set out in our online-quotation or Order Confirmation. All samples, drawings, descriptive matter, specifications and advertising we issue and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them.
CDClick will do whatever is necessary to ship the products within the agreed time frame but any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery and shall not be made of the essence by notice. You shall be deemed to have accepted the Products after seven (7) days after delivery unless we are otherwise advised.
The quantity of any consignment of Products as recorded by us shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. If for any reason you fail to accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations the risk in the Products shall pass to you (including for loss or damage caused by our negligence) or the Products shall be deemed to have been delivered or we may store the Products until delivery. In this case, you shall be liable for all related costs and expenses (including, without limitation, storage and insurance). We shall not be liable for any non-delivery of Products (even if caused by our negligence) unless you give written notice to us of the non-delivery within seven (7) days of the date when the Products would in the ordinary course of events have been received. Any liability of ours for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
6. Cancellation of Order
You may not cancel: any order or part or any order which has been already manufactured, or an order where we have already begun the process of customization and where the Product has been rendered impossible to resell in the process.
By entering into this Contract you acknowledge the fact that you are granting us a non-exclusive license to use your trademark for the purpose of customization of the Products and their associated packaging. You'll licence CDClick Europe to duplicate your project and to execute the license, you'll receive an Intellectual Property Rights Agreement form that you have to fill to allow us to ship your Products.
8. Price and Payment
The price of any Products will be quoted by our online quotation that is available from our website.
These prices are quoted inclusive of packaging, loading, unloading and carriage but exclusive of VAT, delivery and insurance, the costs of which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Payment of the price for the Products is due in Euro prior to shipping the Products to you.
An invoice shall be sent to you on the date of dispatch of the Products. No payment shall be deemed to have been received until we have received cleared funds. Our website and price lists contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our Order procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have sent you an Order Confirmation.
Where we are not the manufacturer of the Products, we shall endeavor to transfer to you the benefit of any warranty or guarantee given to us. We warrant that (subject to the other provisions of these conditions)upon delivery and for a period of one hundred and eighty (180) days from the date of delivery the products meet or exceed our published specifications. We shall not be liable for a breach of the warranty unless you give written notice of the defect to us, within 7 days of the time when you discover or ought to have discovered the defect and we are given a reasonable opportunity after receiving the notice of examining such Products and you (if asked to do so by us) return such Products to our place of business at your cost for the examination to take place there.
10. Our Liability
Subject to the other provisions of these Terms we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days. We shall not be liable for injury or adverse effects caused through use of the Product beyond that expected from normal use. Where you have requested us to transfer your data onto a Product we shall not be liable for the content or the quality of such data or the quality or effectiveness of its transfer. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11. Import Duty
If you order Products from our website for delivery outside the E.U. they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge 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. Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following strikes, lock-outs or other industrial action (whether or not relating to our workforce); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, adverse weather conditions or other natural disaster or acts of God; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17. Our Right to Vary These Terms and Conditions
We have the right to revise and amend these Terms from time to time in order to, without limitation, reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
18. Law and Jurisdiction
Contracts for the purchase of Products through our website will be governed by Italian and E.U. law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Justice in Rome, Italy.