1. The Seller
The company that publishes this website, identified in our legal notice (the "Seller"). Contact: [email protected].
2. Scope
These terms govern every sale between the Seller and any customer acting for the purposes of its business, club, association, school or other organisation (the "Customer"). The Customer confirms that it is not buying as a consumer. Placing an order means accepting these terms, which take precedence over the Customer's own purchasing terms unless otherwise agreed in writing.
3. Quotes and design proofs
Prices shown on the website are indicative. Every order is based on a quote and a design proof, both provided free of charge. A quote is valid for 30 days. Once the Customer has approved it in writing, the design proof is the sole reference for production: size, colours, wording, logos and finishes.
The Customer is solely responsible for the spelling, wording and artwork it approves on the proof.
4. Orders
An order becomes binding when the Seller receives the Customer's written approval of the design proof and the quote [and payment of a X% deposit, to be confirmed]. The minimum order is 50 scarves per design. Any change requested after approval may require a new proof, a new price and a new lead time.
Because every scarf is made to the Customer's specification, an order cannot be cancelled once production has started.
5. Prices and payment
Prices are in pounds sterling, exclusive of VAT, which is charged at the applicable rate, and exclusive of delivery, which is shown on the quote. [Payment terms to be confirmed: deposit, balance before dispatch, accepted payment methods, purchase orders from schools and public bodies.]
If payment is late, the Seller may claim statutory interest and fixed-sum compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Production and tolerances
Scarves are made to order according to the approved design proof. The Customer accepts the tolerances inherent in textile production:
- Colours: slight differences in shade may occur between the screen, the proof and the finished product, and between two batches.
- Size: a tolerance of ± 5% applies.
- Quantity: a tolerance of ± 3% on the quantity delivered is standard practice in textile production; the Customer is invoiced for the quantity actually delivered.
These variations do not make the goods non-conforming.
7. Lead times and delivery
Lead times are estimates, running from approval of the design proof [and receipt of the deposit], and are confirmed on the quote. Time of delivery is not of the essence: a reasonable delay does not entitle the Customer to cancel the order or claim damages, unless the Seller has agreed a fixed date in writing. The Customer checks the condition of parcels on delivery and records any damage with the carrier.
Risk in the goods passes to the Customer on delivery. Ownership passes once the Seller has received payment in full.
8. Claims
Any claim that the goods do not match the approved proof must be made in writing, with photos, within 8 days of delivery. If a defect is confirmed, the Seller will, at its option, replace the defective items or issue a credit note. Personalised products cannot be returned or exchanged for any other reason.
9. Liability
The Seller's total liability in connection with an order is limited to the price paid for that order. The Seller is not liable for loss of profit, loss of business or any indirect loss. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under English law.
10. Intellectual property
The Customer warrants that it holds the rights to the logos, trade marks, wording and artwork it supplies, and will indemnify the Seller against any third-party claim about them. The Seller may refuse any order that reproduces protected marks without permission.
11. Personal data
The Customer's data is processed in line with our privacy policy.
12. Governing law and disputes
These terms and any contract between the Seller and the Customer are governed by the law of England and Wales. The parties will first try to settle any dispute amicably. Failing that, the courts of England and Wales have exclusive jurisdiction.