Terms & Conditions of Business
The following terms and conditions ("the Conditions") are the terms on which Embroidery UK Ltd (" the Company") sells to other businesses and supersedes all other terms and conditions used by the Company.
1. Orders, price and payment
No contract shall come into existence until the Company confirms the order for the Goods in writing.
The price (exclusive of VAT) for the Goods ("the Price") shall be the quoted price of the Company and payment of the Price shall be made by the buyer within the payment terms stated on invoice ("the Due Date") for the Goods and time for payment shall be of the essence.
All non-account customers are required to provide Embroidery UK Ltd with their debit/credit card details at the time of placing the order. These will be entered securely into Sage Pay and the money will automatically be deducted from your account once the job has been completed. You will receive email notification that this process has been completed. A charge of 3% will be added for a Credit Card payment.
Any cancellation of any order by the Buyer must be in writing and agreed as cancelled also in writing by the Company. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages.
The description and quantity of the Goods to be sold ("the Goods") shall be as set out in the quotation provided by the Company to the Buyer ("the Quotation").
The Company shall deliver the Goods to the Buyer's address and on the date as both are shown on the Quotation. Time shall not be of the essence for delivery. The Buyer shall make all necessary arrangements to take delivery of the Goods on the day notified by the Company for delivery.
Any orders which the client has opted to collect from our premises and which are not paid for in advance or on account, will be subject to a £5 per day handling charge if not collected within 14 days from date of invoice.
The Company must be advised in writing by recorded delivery of any defects in the Goods as soon as they are discovered by the Buyer who shall be deemed to have accepted the Goods if they have not been rejected on or before the seventh day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part thereafter.
5. Title and Risk
The Goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company failing which the Company shall have the right to repossess or otherwise recover the Goods. Until title passes the Buyer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the Goods of the Company.
6. Returns Policy
All sales are final. We may accept returns subject to the following.
If goods have been sent incorrectly please contact us within 7 days to arrange collection.
Faulty goods must be returned within seven days of supply clearly indicated without defacing the garment.
Returns will only be accepted by prior arrangement. You should ring with the list of the goods to be returned.
Please note with the exception of faulty goods and mis-ships, Embroidery UK Ltd will use its discretion whether or not to accept goods for return.
Returns will incur a 15% handling charge per garment subject to (a) they are returned to us unused (other than for the purpose of trying on the garment), (b) there isn't any print or embroidery on the garment. The garments need to be returned within 7 days of delivery.
Due to the customised nature of the products, refunds are not available on customised orders unless the products are defective. If you believe your products are defective you must contact Embroidery UK Ltd immediately. Returns will not be accepted if products have been used, worn or washed.
Once the purchase order has been signed you are able to cancel the order however artwork is still chargeable. Once the artwork approval form has been signed and accepted you are unable to cancel the order.
9. Limitation and liability
Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
Without prejudice to Condition 6.1 the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
10. Set Off and Counter Claim
The buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the buyer may have or allege to have or for any reason whatsoever.
11. Force Majeure
The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The Company may without the consent of the Buyer sub-licence its rights or obligations or any part of these conditions.
The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the conditions.
Notwithstanding any other provisions of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.
14. Entire agreement
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
15. Governing Law and Jurisdiction
The laws of England and Wales shall govern this Agreement and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.