TERMS AND CONDITIONS OF SALE - REMARQUE OR ASSOCIATE COMPANY INCLUDING WEBSITE
The following terms and conditions ("the Conditions") are the terms on which Remarque whose registered office is Long Dene Bungalow, Crutches Lane, Jordans, Buckinghamshire HP9 2TG or associate company sells products and/or services and supersedes all other terms and conditions relating to the subject matter of these Conditions. No variation to these terms and conditions will be accepted unless agreed in writing. "The Company"; means Top Embroidery.
"The Customer" means the person, form or company whose order isaccepted by the Company.
"The Goods" means the goods which the Company is to supply in accordance with these conditions of sale.
These conditions of sale apply to all sales made by "The Company". Any other conditions of sale or conditions of purchase or conditions of contract shall not apply unless specifically agreed to by all the Directors/Proprietors of the Company.
Orders placed by the Customer as a result of verbal or written offers or quotations or pro forma invoices will not be considered binding unless the order is accepted by the Company.
1. PRICE AND PAYMENT
1.1.Purchasing products from us could not be easier. Just browse our on-line catalogues, and place any items that you wish to buy into the shopping cart. After you have finished your selection, click on "Checkout" and you will be asked for a few details that are necessary to complete your order. We accept all major credit or debit card payments. All Internet payments are 100% secure via our servers but should you wish to – you can phone through with these details. We accept credit\debit cards through our secure server using Sage Pay or paypal, and we do not store/keep any card details. All payment pages are encrypted to 128 Bit SSL levels for security purposes. Payment of the quoted/advertised Price shall be made by the Buyer without any deduction of any kind. All goods must be paid for in full prior to dispatch.
1.2. Account facilities are available at the discretion of the management and only after 6 months of continued trade. A credit application form being completed and returned and all relevant credit checks being made. A credit limit will be given and you must abide by our strict 30 day trading terms at all times credit accounts can be cancelled at any time without notice.
1.3. REMARQUE OR ASSOCIATE COMPANY DO NOT ALLOW ANY CREDIT TERMS unless agreed by management in writing.
1.4. The price of the goods or the service provided can be subject to change and all prices are correct at the time of dispatch. The seller will Endeavour to advise the buyer prior to dispatch of goods or service. The buyer is bound by any price change that the seller has no control over.
1.5. Payment is due to the Company immediately upon presentation of the invoice to the Customer.
1.6. If full payment of any invoice has not been received by the Company within 30 days of the date of invoice then from the 30th day following the date of invoice interest will accrue to the Company upon theu npaid balance of the invoice at the rate of 2% per calendar month and the interest calculation in the following calendar month will be made upon the total balance outstanding at the beginning of the month. If the Company proceeds to recover the payment through the Courts or otherwise the Customer will be responsible for the debt, the interest, administrative, legal and/or other costs incurred in the recovery of the debt.
1.7. The customer will indemnify the Company fully in respect of any costs, charges, fees or expenses incurred by the Company in connection with any steps taken by the Company to recover possession of any goods or monies pursuant to its rights hereunder
2.1. The description and quantity of the goods to be sold ("the Goods") shall be as set out in the quotation / Sales Order provided by the buyer to the seller.
2.2. Verbally by the Buyer to the Seller or verbally by the Seller to the Buyer ("the Quotation").
2.3. Mandatory note If the BUYER places an order ‘verbally’, the SELLER will not be responsible for any mistakes. The order is taken in good faith and it is the full responsibility of the buyer to confirm details in writing.
2.4. Due to the customized nature of the products, refunds are not available. Any product that has been embroidered or screen printed or changed in any way, must be accepted by the BUYER. The BUYER cannot refuse the goods or withhold payment.
2.5. By virtue of the goods sold, no warranty is offered as to durability and life of the products sold. Please note that all designs colours sizes are examples and not guaranteed the images advertised are for reference only and can change without notice.
3. ARTWORK & DESIGN
3.1. The seller has an art team who can design or change your logo. At the sellers discretion there could be a charge of £50.00 per hour for this service. The minimum charge for this service is £20.00.
4. SCREEN PRINTING
4.1. Unless stated we will use basic colours for print i.e. red, black, blue, bottle green etc, it is the responsibility of the buyer to give full printing instructions on colour, position, and size of print. We can print using pantone reference numbers it is the responsibility of the buyer to provide the pantone reference numbers. In the absence of any instruction or Pantone reference number the seller will try and match the colour of the design provided by the buyer. The seller accepts no responsibility for any colour printed wrongly due to the fact that all computer screens / printers differ normally they have had no calibration and no colour can be guaranteed 100%. Due to the nature of printing on garments, colours can change. Every effort is made to minimize this but there could be a 15% change in tone either way.
4.2. Every effort is made to reproduce the designs that the buyer provides it is the responsibility of the buyer to provide print ready art work at all times to ensure the quality of the printed design. If the seller has to engage their art team you are bound by the charging scale laid out in section 3.
4.3. Every effort is made to meet the buyers time dead lines we work on 28 day turn round on all orders this is subject to sale and demand and availability of garments, the seller will contact the buyer and advise of any delay on the delivery of their order.
5.1. All embroidery setup files or any alterations to the setup files must be paid for by the buyer, in the event that the buyer does not want to proceed with the order or cancels for any reason the setup file must be paid in full.
5.2. An embroidery stitch out can be requested before any garments are embroidered it is the responsibility of the buyer to make this request, a charge of ?10.00 is made for this service.
5.3. Unless stated we will use basic colours for embroidery i.e. red, black, blue, bottle green etc. We can match colours of embroidery silks to a pantone reference number but due to the nature of the silk/shine the colour can change by 15% either way. It would be judged by us whether the colours are correct.
5.4. Every effort is made to meet the buyers time dead lines, we work on 10 day turn round on all orders but this is subject to sale and demand and availability of garments. The seller will contact the buyer and advise of any delay on the delivery of their order.
5.5. No artwork will be returned unless requested. Embroidery disks remain the property of Remarque.
6.1. The Seller shall deliver the Goods to the Buyer at the address of the Buyer as shown on the Quotation, or sales order by 3rd party couriers.
6.2.Deliveries within the U.K. will be via our agents UK Mail or Royal Mail and will be charged as per our shipping charges. Orders within the U.K. will be shipped within 2-3 working days. Overseas orders will be sent via UK Mail and will reach you within 1-6 days dependent on location (see shipping charges for more details). All P&P charges are confirmed before despatchThe delivery date is not guaranteed.
6.3. We accept no liability of any description for late delivery.
6.4. Any short deliveries must be notified to the carrier and Remarque immediately and in writing within 3 days. Damaged or opened cartons must be checked or refused on delivery. Please note delivery dates quoted are a guide only and will not be legally binding unless specified as part of a contract.
7.1. All samples must be paid for in FULL before dispatch. If the buyer returns the garments and they are not to be used, the seller will refund 50% of the garment price as long as the returned items are in a resalable condition. No delivery costs are refundable. The buyer is responsible for the cost of returning the garments.
8.1. The Buyer shall be deemed to have accepted the Goods if they have not been rejected within 24 hours after delivery. The buyer must contact the seller by phone, email or fax. The Buyer shall not be entitled to reject the Goods in whole or in part after such time.
8.2. No rejection of goods can take place, under any circumstances or for any reason, where an embroidery or print has been applied to the garment/s or the delivery service is delayed.
8.3. If the buyer uses or sells or gives away, any part of the good supplied the whole order has to be paid for in full and without exception.
8.4. Any items supplied to a Buyer at the Buyer's request - all transactions for Buyer supplied garments are deemed to be at the Buyer's risk and expense.
9. REJECTED GOODS
9.1.The buyer can not return any part of the order unless the buyer has it in WRITING from the seller at no time will the seller accept any returned items by the buyer in breach of this agreement. and the goods will have to be paid for in full.
9.2. The seller will contact the buyer if the goods are returned to arrange delivery at the buyers expense.
10. TITLE AND RISK
10.1. The Goods shall be at the risk of the Buyer following delivery.
10.2. Goods supplied by the Buyer or any third party on behalf of the Buyer for either embroidery, screen printing or cad cutting or for any other purpose, shall always be at the Buyer's own risk. As in section 4 sub section 4.1 Under no circumstance will Remarque accept liability, under any condition or circumstance, for any damage to the garments or loss, however incurred, for such Buyer supplied items or garments.
10.3. Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Seller.
10.4. Until such time as title in the Goods passes to the Buyer, the Seller shall have the right to repossess or otherwise recover the Goods or payment by using any means.
10.5. Title to artwork or computer disk (known as Origination) is retained by Remarque. At no time can this be passed to the Buyer if it is proven that the buyer is indebted to the seller. A copy of artwork and computer disks will be kept in archive by Remarque, but a copy can be made available to the Buyer. When there is no outstanding debt with the seller. This artwork will only be used at the exclusive instruction of the Buyer. It is deemed that the Buyer has legal rights to use the supplied artwork and will indemnify Remarque for any loss or potential loss due to copyright infringement by the Buyer.
11. LIMITATION OF LIABILITY
11.1. Save in respect of personal injury or death due to the negligence of the Seller, the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods or late delivery of goods.
11.2. Without prejudice to Condition 6.1, the Seller 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.
11.3. Save in respect of personal injury or death due to the negligence of the Seller, the liability of the Seller under these Conditions shall not exceed the Price charged to the Buyer.
12. FORCE MAJEURE
12.1. The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller 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 or failure of delivery by our Supplier.
13.1. If any term or provision of these Conditions is held invalid, illegal or uninforceable 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 uninforceable provision eliminated.
13.2. The Seller may, without the consent of the Buyer, sub-licence its rights or obligations or any part of these Conditions.
13.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
13.4. The seller can use the buyer's logo to advertise the seller's services. The seller will, at times, post testimonials on its web site to promote the seller's services. If the buyer does not want the seller to use their logo the buyer must contact the sale manager in writing.
13.5. The seller will at time to time send details of special offers and promotional ads that the company may feel relevant to its customer base.
13.6. The seller will not use any information provided by the buyer other than to promote its services with in the group 13.7. The seller can at time to time send sms messages to promote the buyers and associates companies services there is no charge for this service.
13.7. Remarque reserves the right to alter prices and garment specifications without prior notice. All items remain the property of Remarque until paid for in full.
13.8. Returned cheques will be charged at £25.00 per representation.
14. ENTIRE AGREEMENT
14.1 Each of the parties agree 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
15.1. This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
16. RIGHTS OF CONSUMER
16.1. Nothing in these Conditions shall affect the statutory rights of a consumer.