Terms & Conditions
1.
Agreement
These
conditions govern all contracts of the sale of printed/embroidered goods
(hereafter referred to as ‘the goods’) and services between Excited About Creating
(hereafter referred to as ‘the Company’ and any Customer (hereafter referred to
as ‘the Customer’) of the goods and/or services. These terms can only be varied
with the written consent of the Company.
2.
Orders
All
orders for the supply of goods placed by the Purchaser with the Company are
irrevocable unless otherwise expressly stated in writing. A confirmed order may
only be cancelled or varied with the Company’s written consent. Such consent
shall not in any way prejudice the Company’s right to recover from the Customer
full compensation (including profit) for any loss or expense arising from such
cancellation or variation of the original order.
3.
Prices
The
Company reserves the right to vary the price of the goods and other services
from time to time. All prices for goods are quoted exclusive of taxes and duty
unless otherwise stated. The Customer accepts that the goods will be invoiced
at the price ruling at the date of dispatch. Quotes sent are valid for 2 weeks
from the date sent.
4.
Payment and Credit
Payment
is due at the time of confirming the order.
5.
Delivery and installation
The
Company will use its best endeavours to deliver the goods on the required date
for delivery, but does not guarantee to do so. The Company shall, under no circumstances
whatsoever, be liable to the Customer for any loss, damage or expenses, whether
caused directly or indirectly, by or from any delay in the delivery of the
goods. Over this value, delivery is made by an independent carrier.
Delivery to the carrier will be deemed as being delivery to the Customer.
Claims for shortages or non-delivery must be supported by the carrier’s
consignment or delivery note on which the goods have been signed and checked at
the time of delivery. Notification of shortages or non-delivery must be made by
telephone within 3 working days and in writing within 5 working days. Any loss
or damage by the Customer after delivery is the sole responsibility of the
Customer.
6.
Specification
6.1
Absolute consistency of sizes (which are approximate “to fit” sizes),
materials, proportions, colours and shades are not guaranteed by the company
and are given as guidance only. Decoration positioning may vary between
garments up to 25mm. On those occasions where repeat orders find that the garment
colour is slightly different to the previous order. We can not guarantee the
exact ink colour unless a pantone colour reference is supplied.
ExcitedAboutCreating cannot be held responsible for those changes.
6.2
All artwork supplied by the Customer will be transferred on to a template
depicting the size and positioning of front and/or rear views. The Customer
will be required to provide a thorough check including size positioning and
spelling prior to any screen printing taking place. We will print your garment
to match the proof. ExcitedAboutCreating cannot be held responsible for
any errors which are identified in the artwork after the Customer has given
their approval and screen printing has commenced.
6.3
All textile goods must be washed and cleaned strictly in accordance with the
washing label instructions attached to the goods. The company reserves the
right to alter or amend specifications without prior notice.
6.4
Inks used during the textile printing process will inevitably fade over time. The
speed at which they fade will be dependent on many factors including washing
temperature, number of washes, exposure to sunlight etc. Therefore
ExcitedAboutCreating cannot be held responsible for fading ink colour(s) during
use.
7.
Supplied Garments
All
garments supplied by ExcitedAboutCreating have undergone rigorous testing for
their stability throughout the process of screen-printing as well as their
overall quality. All garments supplied by ExcitedAboutCreating are guaranteed
to be processed successfully without damage. ExcitedAboutCreating cannot be
held responsible for damage or loss which occurs to garments which have been
supplied by the customer. Examples of damage may include, but not be limited
to, the garments changing colour or shape due to heat, or damage caused by
machinery malfunction.
8.
Claims against the Company
All
claims in respect of goods alleged to be defective and/or missing must be
made in writing within 7 days from the date of delivery.
9.
Set-off and Lien
No
payments may be withheld and any counterclaims by the Customer may not be
set-off against any payment due under this or any other contract. The Company
shall have a general and particular lien on all money and property which the
Customer owns or is entitled to possess which is in the possession of the
Company or its agents which it may sell as the Customers agent to reduce the
Customers debt to the company.
10.
Force Majeure
The
company shall not be under any liability of any kind for non-performance in
whole or in part of its obligations under the contract due to causes beyond the
reasonable control of the Company or of the Company’s suppliers or due to
labour disputes.
11.
Ownership of Goods
Property
of any goods supplied to the Customer will not pass to the Customer until the
goods are paid for in full by the Customer. Further, title to such goods shall
not pass until payment to the Company of all amounts owing to it by the
Customer on any account whatsoever. The Company has the right to recover from
the Customer the cost of installation, removal, return transport and diminution
in value of any such goods not paid for in full. If prior to making payment to
the Company, the Customer contracts to sell the goods to a third party, the
title to such goods and the payment liability shall remain with the Customer.
12.
Cancellations
The
company reserves the right to refuse cancellations of confirmed orders placed
by the Customer, and refuse acceptance of goods returned to the Company without
permission. The Company does not trade on a ‘sale or return’ basis. All costs
which are the result of cancellation of a confirmed order will be borne by the
Customer.
13.
Intellectual Property Rights
The
Customer will indemnify the Company from and against all costs, claims,
liabilities and damages which we may suffer or incur as a result of you using,
reproducing or exploiting any industrial or intellectual material or property
rights without the consent of the proprietor.
14.
Rectification of these Terms
If
any of these terms, or any part of these terms, is unenforceable or void in
law, it shall not affect the remainder of such terms or any other such term or
otherwise affect the contract and shall be replaced by such valid term as is
near as may be in effect to the original term.
15.
Jurisdiction
All
contracts between the Company and the Customers shall be governed by the laws
of England and Wales. Any disputes arising there from shall be the subject to
the jurisdiction of the English courts.