When placing an order with customize clothing or its assosiates you are
acknowledging the following Terms of Service and are agreeing to be bound
by them.
- These Terms
1.1 What these terms cover. These are the terms and conditions on which we
supply products to you, whether these are goods or services. New garments or
recycled or provide a service on clients own garments
1.2 you should read them. Please read these terms carefully before you submit
your order to us. These terms tell you who we are, how we will provide products to
you, how you and we may change or end the contract, what to do if there is a
problem and other important information. If you think that there is a mistake in these
terms, please contact us to discuss.
1.3 Are you a business customer or an individual consumer? In some areas you
will have different rights under these terms depending on whether you are a
business or consumer. You are a consumer if:
● You are an individual.
● You are buying products from us wholly or mainly for your personal use (not
for use in connection with your trade, business, craft or profession).
1.4 Business customer this is our entire agreement with you. If you are a
business customer you have to have the full responsibility and authority to place an
order. These terms constitute the entire agreement between us in relation to your
purchase. You acknowledge that you have not relied on any statement, promise,
representation, assurance or warranty made or given by or on behalf of us which is
not set out in these terms and that you shall have no claim for innocent or negligent
misrepresentation based on any statement in this agreement.
- Information about us and how to contact us
2.1 Who we are. We are KDREF Holdings Limited t/a customize clothing uk
sustainable clothing, clothing with a consciance ituha clothing company registered in
England and Wales.
2.2 How to contact us. You can contact us by telephoning our customer service
team at 01245 —— 07821675224 or by writing to us by email at
customizeclothinguk@gmail.com
2.3 How we may contact you. If we have to contact you we will do so by telephone
or by writing to you at the email address or postal address you provided to us in your
order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in
these terms, this includes emails.
- Our contract with you
3.1 How will we accept your order? Our acceptance of your order will take place
when we email and send a pro forma invoice once paid , at which point following the
payment date a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will
inform you of this in writing and will not charge you for the product. This might be
because the product is out of stock, we will try using a number of suppliers to provide
the stock by checking our stock you will see the stock volumes and delivery dates
because of unexpected limits on our resources which we could not reasonably plan
for, because we have identified an error in the price or description of the product or
because we are unable to meet a delivery deadline you have specified.
3.3 An order will be ref to your name or company name We can at times assign
an order number to your order and tell you what it is when we accept your order. It
will help us if you can tell us the order number or name whenever you contact us
about your order.
3.4 We sell worldwide. We accept orders to destinations outside of the UK. All
products are supplied on an Ex Works basis unless agreed otherwise in writing. It is
your responsibility to ensure that you know about and pay any applicable taxes and
customs if you are ordering products to a destination outside of the UK.
- Our products
4.1 Products may vary slightly from their pictures. The images of the products on
our website are for illustrative purposes only. Although we have made every effort to
display the colours accurately, we cannot guarantee that a device’s display of the
colours accurately reflects the colour of the products. Your product may vary slightly
from those images.
4.2 Product packaging may vary. The packaging of the product may vary All multi
garment order are not packed seperatly Unless requested
4.3 Making sure your measurements are accurate. Please note that all
measurements are provided as a guide and products may vary slightly depending on
the supplier used.
- Your rights to make changes
If you wish to make a change to the order please contact us. We will let you know if
the change is possible. If it is possible we will let you know about any changes to the
price of the product, the timing of supply or anything else which would be necessary
as a result of your requested change and ask you to confirm whether you wish to go
ahead with the change.
- Customer design usage policy
6.1 As a company we uphold the rights of all people, and for this reason will
never print anything that:
(a) Violates the intellectual property rights of any individuals or company. We do not
encourage hate or violence against individual groups based on sex, age, race,
religion, ethnicity, national origin or disability.
(c) Shows any images of violence or abuse towards animals.
(d) Includes speech or symbols of hate
(e) Uses explicit images of sex acts, or frontal nudity of a non-artistic or
health/medical nature.
(f) Promotes the use of hard drugs.
(g) Promotes, features or encourages underage drinking or drug taking by children.
6.2 The following content may be rejected or may be asked to be amended:
(a) Include swear words, lewd language or vulgarity.
(b) Feature implicit sex acts, non-frontal nudity, or other nudity of an artistic or
health/medical nature.
(c) Have an overtly sexually connotation or tone.
(d) Involve violent terms or images not directed at individual groups (such as
historical images of violence).
(e) Promote, feature or encourage any sort of illegal activity (other than that detailed
in the No section).
(f) Might cause public outrage or inspire violence due to a recent event.
(g) Include content that could be offensive
- Artwork policy
7.1 It is your responsibility to approve the Artwork within a reasonable timeframe
before printing or embroidery begins.samples can be requested they can be supplied
in an electric imagery but sample printed embroidered items are charged at the
quoted rate
7.2 We will not be held responsible if you DO NOT request and or approve the
Artwork. In most cases all deliveries are despatched with in 24 hour from the day
after confirmation or payment , Artwork must be approved and sent in a set art
program advised on confirmation
7.3 Approvals that are sought by us via email will be sent to the email address you
have provided during the order process. We shall have no liability for any losses
arising from:
(a) any errors in email addresses provided by you;
(b) emails that are sent to you but appear in your junk folder rather than your inbox;
and
(c) delays arising as a result of the events in clauses 7.3 (a) and 7.3 (b).
7.4 We may need to make amendments to the Artwork to make it suitable for
embroidery or print onto garments. It is your responsibility request and check the
proof carefully to ensure that you are happy with any amendments.
7.5 We accept no responsibility for any accidental loss or damage to Artwork
supplied.
7.6 By uploading files to the customize clothing or other linked companies in the
groups website or websites and making a purchase you grant us a worldwide,
perpetual, assignable, non-revocable licence to display the designs on our website
and social media channels for the purpose of promoting our services.
7.7 We will always endeavour to supply the closest colour match to the Artwork
supplied. We are however unable to guarantee an exact match due to the nature of
the print and embroidery processes used. You will have no right to reject or return
products on the basis of a slight colour variation.
7.8 The location of the designs on the customisation tool are for general guidance
only. All designs are positioned onto the garments by hand in what we deem to be
the most appropriate place within the chosen garment position. You will have no right
to reject or return products on the basis of incorrect positioning where the design
placement materially conforms to the general position chosen.
7.9 It is your responsibility to supply Artwork of a high enough quality and resolution
to enable us to produce a quality result. we will endeavour to contact you if we feel
that your Artwork will not produce a good final result, you will have no right to reject
or return products if the Artwork supplied by you was not of satisfactory quality,
regardless of whether any contact was made. We recommend that all Artwork is at
least 300 DPI (dots per inch).we proffer vector files eps file or pdf
7.10 Based on the makeup of your order, we will determine which print process to
use when processing your order (i.e., DTT Hybrid, Screen Print or Vinyl Transfer
embroidery ). You will have no right to reject or return the products on the basis of
the print production process used.
7.11 Any changes to an order which has already been placed may incur further
costs.
7.12 we do hold some stock how ever most garments are purchased in next day
Once this has accured and you stop or cancel the garments there is a restocking
charge of 50% of the garment cost
- Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
And on the invoice sent
8.2 Duty payments.
(a) Products delivered to some destinations inside or outside of the EU, may be
subject to taxes, fees, levies or other charges, which are imposed by local
legislation. The recipient of the products is responsible for all customs formalities for
their export and import, and will be required to pay any additional charges, including
import duty, formal customs entry, taxes, levies and other charges. The recipient of
the goods, not the person who’s ordered them, will receive a separate request for
payment of these charges.
(b) If you’re ordering products to be delivered to someone else, please make sure
they’re aware they’ll be responsible for these additional charges. Unfortunately, we
have no control over these charges and cannot predict what they may be, so we’re
unable to offer any assistance on these processes. We’d advise that you check the
import charges applicable in any country before ordering products to be delivered
there.
8.3 When we will provide the products. During the order process we will let you
know when we will provide the products to you. If the products are ongoing services,
we will also tell you during the order process when and how you can end the
contract.
8.4 We are not responsible for delays outside our control. If our supply of the
products is delayed by an event outside our control then we will contact you as soon
as possible to let you know and we will take steps to minimise the effect of the delay.
Our contract of supply has ended when the items have been placed with the courier
shipper or post
8.5 If you are not at home when the product is delivered. If no one is available at
your address to take delivery and the products cannot be posted through your
letterbox, our couriers will attempt to leave you a note informing you of how to
rearrange delivery.
8.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not
re-arrange delivery we will contact you for further instructions and may charge you
for storage costs and any further delivery costs. If, despite our reasonable efforts, we
are unable to contact you or re-arrange delivery or collection we may end the
contract and clause 11.2 will apply.
8.7 When you become responsible for the goods.
As soon as the order is placed with the courier post or delivery or shipping firm our
contract of supply is over all deliveries are book for you the client once collected the
delivery is your responsibility
8.8 When you own goods. You own a product which is goods once we have
received payment in full.
8.9 What will happen if you do not give required information to us. We will need
certain information from you so that we can supply the products to you, for example,
the provision of the Artwork. If you do not give us this information within a reasonable
time of us asking for it, or if you give us incomplete or incorrect information, we may
either end the contract (and clause 11.2 will apply) or make an additional charge of a
reasonable sum to compensate us for any extra work that is required as a result. We
will not be responsible for supplying the products late or not supplying any part of
them if this is caused by you not giving us the information we need within a
reasonable time of us asking for it. We do not offer any time guarantee we work to a
28 day turn around how ever all jobs are processed on order confirmation first
8.10 Reasons we may suspend the supply of products to you. We may have to
suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory
requirements.
8.11 Your rights if we suspend the supply of products. We will contact you in
advance to tell you we will be suspending supply of the product, unless the problem
is urgent or an emergency. Every effort will be made to meet your requirements but
with full correspondance
8.12 We may also suspend supply of the products if you do not pay. If you do
not pay us for the products when you are supposed to (see clause 16.4), we may
suspend supply of the products until you have paid us the outstanding amounts. We
will contact you to tell you we are suspending supply of the products. We will not
suspend the products where you dispute the unpaid invoice (see clause 16.7). We
will not charge you for the products during the period for which they are suspended.
As well as suspending the products we can also charge you interest on your overdue
payments (see clause 16.6). This will also have a direct impact on the agreed
delivery date
- Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the
contract will depend on what you have bought, whether there is anything wrong with
it, if we are performing out side of the agreed terms , when you decide to end the
contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal
right to end the contract how ever if we have adjusted the garments or printed
them you can not end the contract
(b) If you want to end the contract because of something we have done or have
told you we are going to do, see clause 9.2;
(c) If you are a consumer and have just changed your mind about the product,
see clause 9.3. You may be able to get a refund if you are within the cooling-off
period, but this may be subject to deductions and you will have to pay the costs of
return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer
exercising your right to change your mind), see clause 9.6.
9.2 Ending the contract because of something we have done or are going to
do. If you are ending a contract for a reason set out at (a) to (e) below the contract
will end immediately and we will refund you in full for any products which have not
been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you
have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of
events outside our control; or
(c) you have a legal right to end the contract because of something we have done
wrong.
9.3 Exercising your right to change your mind if you are a consumer
(Consumer Contracts Regulations 2013). If you are a consumer then for most
products bought online you have a legal right to change your mind within 14 days
and receive a refund. These rights, under the Consumer Contracts Regulations
2013, are explained in more detail in these terms. How ever any item that has been
changed in any way embroidery print transfer then we can not stop the contract
9.4 When consumers do not have a right to change their minds. Your right as a
consumer to change your mind does not apply in respect of:
(a) goods that you have ordered which require an element of customisation, and
goods where we have already commenced customisation;
(b) services, once these have been completed,
9.5 How long do consumers have to change their minds? If you are a consumer
how long you have to change your mind depends on what stage of production we
are at .
(a) Have you bought services (for example, our drop shipping services)? If so,
you have 7 days after the day we email you to confirm we accept your order.
However, once we have completed the services you cannot change your mind, even
if the period is still running. If you cancel after we have started the services, you must
pay us for the services provided up until the time you tell us that you have changed
your mind.
(b) Have you bought goods (for example, non-personalised goods such as
work wear)?, if so you have 14 days after the day you (or someone you nominate)
receives the goods, unless your goods require an element of personalisation. How
ever any returned items will be subject to a restocking charge
9.6 Ending the contract where we are not at fault and there is no right to
change your mind. Even if we are not at fault and you are not a consumer who has
a right to change their mind (see clause 9.1), you can still end the contract before it
is completed, but you may have to pay us compensation. A contract for services is
completed when we have finished providing the services and you have paid for
them. If you want to end a contract before it is completed where we are not at fault
and you are not a consumer who has changed their mind, just contact us to let us
know. The contract will end immediately and we will refund any sums paid by you for
products not provided but we may deduct from that refund (or, if you have not made
an advance payment, charge you) costs associated with manufacturing the products
as compensation for the net costs we will incur as a result of your ending the
contract.
- How to end the contract with us (including if you
are a consumer who has changed their mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let
us know by doing one of the following:
(a) Email. Email us at sales@gocustom.com. Please provide your name, home
address, details of the order and, where available, your phone number and email
address.
10.2 Returning products after ending the contract. If you end the contract for any
reason after products have been dispatched to you or you have received them, you
must return them to us. You must either return the goods in person to where you
bought them, post them back to us or (if they are not suitable for posting) allow us to
collect them from you. Please email us at sales@gocustom.com for a return label or
to arrange collection. If you are a consumer exercising your right to change your
mind you must send off the goods within 14 days of telling us you wish to end the
contract.
10.3 What we charge for collection. If you are responsible for the costs of return
and we are collecting the product from you, we will charge you the direct cost to us
of collection.
10.4 How we will refund you. If you are entitled to a refund under these terms we
will refund you the price you paid for the products including delivery costs, by the
method you used for payment. However, we may make deductions from the price, as
described below.
10.5 When we may make deduction from refunds if you are a consumer
exercising your right to change your mind. If you are exercising your right to
change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the goods, if this has been caused by your handling them in
a way which would not be permitted in a shop. If we refund you the price paid before
we are able to inspect the goods and later discover you have handled them in an
unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least
expensive delivery method we offer. For example, if we offer delivery of a product
within 3-5 days at one cost but you choose to have the product delivered within 24
hours at a higher cost, then we will only refund what you would have paid for the
cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for
the supply of the service for the period for which it was supplied, ending with the time
when you told us you had changed your mind. The amount will be in proportion to
what has been supplied, in comparison with the full coverage of the contract.
10.6 When your refund will be made. We will make any refunds due to you as
soon as possible. If you are a consumer exercising your right to change your mind
then:
(a) If the products are goods and we NOT offerer to collect them, your refund will be
made within 14 days from the day on which we receive the product back from you or,
if earlier, the day on which you provide us with evidence that you have sent the
product back to us.is not the start date of the refund that time starts when we receive
the unpacked products and inspected For information about how to return a
product to us, see clause 10.2.
(b) In all other cases, your refund will be made within 14 days after the return of sent
garments or after a restocking charge is made we do not refund delivery charges
- Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a
product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make
payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products, for example, Artwork;
(c) you do not, within a reasonable time, allow us to deliver the products to you or
collect them from us.
11.2 You must compensate us if you break the contract. If we end the contract in
the situations set out in clause 11.1 we will refund any money you have paid in
advance for products we have not provided but we may deduct or charge you
reasonable compensation for the net costs we will incur as a result of your breaking
the contract.
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the
product, please contact us. You can write to us at sales@gocustom.com.
- Your rights in respect of defective products if
you are a consumer
13.1 If you are a consumer we are under a legal duty to supply products that are in
conformity with this contract. See the box below for a summary of your key legal
rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
For detailed information please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as
described, fit for purpose and of satisfactory quality. During the expected lifespan of
your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled
to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be
entitled to some money back.
See also clause 9.3.
If your product is services, for example [a support contract for a laptop or tickets to a
concert], the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care
and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be
reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable
time.
See also clause 9.2.
13.2 Your obligation to return rejected products. If you wish to exercise your legal
rights to reject products you must either return them in person to where you bought
them, post them back to us or (if they are not suitable for posting) allow us to collect
them from you. We will pay the costs of postage or collection.
- Your rights in respect of defective products if
you are a business
14.1 If you are a business customer we warrant that on delivery, any products which
are goods shall conform with their description.
14.2 Subject to clause 14.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product
does not comply with the warranty set out in clause 14.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of
the defective product in full.
14.3 We will not be liable for a product’s failure to comply with the warranty in clause
14.1 if:
(a) you make any further use of such product after giving a notice in accordance with
clause 14.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to
the storage, installation, commissioning, use or maintenance of the product or (if
there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification
supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal working conditions.
14.4 Except as provided in this clause 14, we shall have no liability to you in respect
of a product’s failure to comply with the warranty set out in clause 14.1.
14.5 These terms shall apply to any repaired or replacement products supplied by us
under clause 14.2.
- Customer warranty and indemnity
15.1 You expressly warrant and undertake that:
(a) where applicable, as at the date of order the image(s) supplied by you (the
Artwork), is your original work and has not been copied wholly or substantially from
any other work or material or any other source;
(b) you are the sole legal and beneficial owner of the Artwork; and
(c) you shall promptly notify us of any third-party right, interest or claim in respect of
the Artwork as soon as you become aware of it
(together the IP Warranty).
15.2 You shall indemnify us against all liabilities, costs, expenses, damages and
losses (including any direct, indirect or consequential losses, loss of profit, loss of
reputation and all interest, penalties and legal costs (calculated on a full indemnity
basis) and all and other reasonable professional costs and expenses) suffered or
incurred by us arising out of or in connection with:
(a) any breach of the IP warranty; and
(b) any claim made against us for actual or alleged infringement of a third party’s
intellectual property rights arising out of or in connection with our use of the Artwork.
- Price and payment
16.1 Where to find the price for the product. The price of the product (which
excludes VAT) vat is charged when applicable will be the price indicated on the order
pages when you placed your order.
16.2 We will pass on changes in the rate of VAT when applicable . If the rate of
VAT changes between your order date and the date we supply the product, we will
adjust the rate of VAT if applicable that you pay, unless you have already paid for
the product in full before the change in the rate of VAT takes effect.if applicable
16.3 What happens if we got the price wrong. It is always possible that, despite
our best efforts, some of the products we sell may be incorrectly priced. We will
normally check prices before accepting your order so that, where the product’s
correct price at your order date is less than our stated price at your order date, we
will charge the lower amount. If the product’s correct price at your order date is
higher than the price stated to you, we will contact you for your instructions before
we accept your order.
16.4 When you must pay and how you must pay. We accept payment with most
commonly recognised credit cards and debit cards including Visa and Mastercard.
We also accept payment by BACS we do not accept cheques from any customers.
When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products upon us accepting and confirming your
order unless alternative payments terms are otherwise agreed in writing.
(b) For services, you must make an advance payment (amount of payment
determined by us) for the services, before we start providing them, unless otherwise
agreed in writing. We will invoice you weekly in advance for the services until the
services are completed. You must pay each invoice within 14 calendar days after the
date of the invoice.
16.4.1 In consideration of us continuing to supply you with goods and/or services
from time to time as specified by you in your purchase orders, you hereby agree the
following:
The purchase orders you shall place on us are divisible. If the goods and/or services
are delivered/completed in instalments, each instalment completed thereunder;
i. shall be deemed to arise from a separate contract, and
ii. shall be invoiced separately and any invoices for an instalment shall be
payable in full in accordance with the terms of payment provided for therein
without reference to and notwithstanding any defect or default in the delivery
of any other instalment or of any other instalment under any contract.
16.5 Our right of set-off if you are a business customer. If you are a business
customer you must pay all amounts due to us under these terms in full without any
set-off, counterclaim, deduction or withholding (other than any deduction or
withholding of tax as required by law).
16.6 We can charge interest if you pay late. If you do not make any payment to us
by the due date we may charge interest to you on the overdue amount at the rate of
4% a year above the base lending rate from the bank of england time to time. This
interest shall accrue on a daily basis from the due date until the date of actual
payment of the overdue amount, whether before or after judgment. You must pay us
interest together with any overdue amount.
16.7 What to do if you think an invoice is wrong. If you think an invoice is wrong
please contact us promptly to let us know. You will not have to pay any interest until
the dispute is resolved. Once the dispute is resolved we will charge you interest on
correctly invoiced sums from the original due date.
16.8 WE DO NOT OFFER CREDIT TO ANY CUSTOMER OR BUSINESS WE
WORK SOLELY ON A PRO FORMA BASES
- Our responsibility for loss or damage suffered
by you if you are a consumer
17.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breaking this contract or our failing to use
reasonable care and skill, but we are not responsible for any loss or damage that is
not foreseeable. Loss or damage is foreseeable if either it is obvious that it will
happen or if, at the time the contract was made, both we and you knew it might
happen, for example, if you discussed it with us during the sales process.
17.2 We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud
or fraudulent misrepresentation; for breach of your legal rights in relation to the
products; and for defective products under the Consumer Protection Act 1987.
17.3 Liability for garments supplied by you. Subject to clause 17.2, we accept no
responsibility for damage to garments supplied by you.
17.4 We are not liable for business losses. If you are a consumer we only supply
the products for to you for domestic and private use. If you use the products for any
commercial, business or re-sale purpose our liability to you will be limited as set out
in clause 18.
- Our responsibility for loss or damage suffered
by you if you are a business
18.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or
section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987.
18.2 Except to the extent expressly stated in clause 14.1 all terms implied by
sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of
Goods and Services Act 1982 are excluded.
18.3 Subject to clause 18.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, for any loss of profit, or any indirect or
consequential loss arising under or in connection with any contract between us
(including but not limited to damage to garments supplied by you); and
(b) our total liability to you for all other losses arising under or in connection with any
contract between us, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall be limited to the total sums paid by you for
products under such contract, as at the date of a claim arising.
- How we may use your personal information
19.1 We will only use your personal information as set out in our Privacy Policy
- Other important terms
20.1 We may transfer this agreement to someone else. We may transfer our
rights and obligations under these terms to another organisation.
20.2 You need our consent to transfer your rights to someone else (except that
you can always transfer our guarantee). You may only transfer your rights or your
obligations under these terms to another person if we agree to this in writing.
20.3. This contract is between you and us. No other person shall have any rights to
enforce any of its terms.
20.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect.
20.5. If we do not insist immediately that you do anything you are required to do
under these terms, or if we delay in taking steps against you in respect of your
breaking this contract, that will not mean that you do not have to do those things and
it will not prevent us taking steps against you at a later date. For example, if you miss
a payment and we do not chase you but we continue to provide the products, we can
still require you to make the payment at a later date.
20.6 These terms are governed by English law and you can bring legal proceedings
in respect of the products in the English courts. If you live in Scotland you can bring
legal proceedings in respect of the products in either the Scottish or the English
courts. If you live in Northern Ireland you can bring legal proceedings in respect of
the products in either the Northern Irish or the English courts.
20.7. If you are a business, any dispute or claim arising out of or in connection with a
contract between us or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with the law of
England and Wales and the courts of England and Wales shall have exclusive
jurisdiction to settle any such dispute or claim.