Incorporation of Conditions
All goods are Embroidered or printed and/or sold on these conditions. Orders may only be varied by the parties in writing, otherwise they will apply to all contracts by the company notwithstanding any condition in a customer’s offer or acceptance which purports to vary or exclude these conditions
Any other placed by the purchaser orally (including telephone orders) shall be placed subject to these conditions.
The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
"The Order" or “An Order” shall mean confirmed requests for goods and services from a customer, for which, by placing the order, the customer has agreed to pay in full, within the time or times specified by the supplier.
"Artwork" shall mean any image supplied by any third party to the supplier by physical or electronic means, from which the supplier is required to produce a stitch file.
"Stitch File" shall mean a computer file produced using embroidery software, containing the electronic information necessary to produce an embroidery product.
“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these Terms. They need not necessarily be taken to mean specifically an act in which goods or services are dispatched by post or other courier nor an act by which a customer visits the supplier’s premises.
“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.
“Works Document” shall mean the document sent to the Customer which includes the digital mock-ups and any other information relevant to the order which is the formal collation of information of the order to be confirmed by the Customer.
- Goods and Services
- Supply of decorated goods. The supplier shall, at his absolute discretion, obtain garments and other textiles which he will machine embroider, print and supply in accordance with orders placed by customers and clients, subject to the substitution clause in these terms.
- Embroidery and print only services. The supplier shall, at his absolute discretion, supply machine embroidery and print services to customers and clients who provide their own garments and other textiles for embroidery.
- Unembroidered or unprinted goods. The supplier shall, at his absolute discretion, obtain and supply goods without embroidery and in accordance with Orders placed by customers and clients, subject to the substitution clause in these terms.
- Quality of supplied goods. The supplier endeavours to supply only goods from established and reputable sources, unless otherwise specified by the customer.
- Customers’ own goods. Customers supply goods for embroidery and print entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of The Stitchery Company.
- The Stitchery Company does not normally carry stock; items are obtained to order. All items obtained by the supplier on behalf of the customer are subject to availability. The supplier reserves the right to substitute garments when those ordered are unavailable. Prices will be agreed between the supplier and the customer before any substitutions are made.
- Delivery Times. The supplier completes all orders as soon as possible but Customers should allow up to 14 days for delivery from the date of acceptance of an order by the supplier. Any likelihood of over running that period will be notified to the customer at the earliest possible time.
- Special Deadlines. The Supplier will endeavour to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.
- Orders and ordering
- The customer may make an order for goods from the supplier by electronic mail, postal or in person. The supplier will issue a confirmation of order with an appropriate order number. From the time an order is accepted and an order number issued, the customer is considered to have entered into a contract with the supplier, which is binding upon both parties.
- The customer shall check the confirmation of order and notify the supplier of any errors or discrepancies at the earliest available opportunity. The supplier will not be liable where the customer has not, within a reasonable time, notified the supplier of errors or discrepancies in the confirmation.
- The customer shall supply to the supplier all required artwork in either physical or electronic form at or before the time of the order.
- Where artwork is supplied by post or other courier or any electronic or digital storage device, or in physical form, items are submitted entirely at the customer's own risk. No responsibility can be accepted by the supplier for loss or damage to such items, howsoever caused. Additionally, the supplier shall not be liable for damages arising from the loss or damage to any item supplied either by post or other courier or by electronic mail.
- The customer is responsible for ensuring the accuracy of the order. By placing an order for goods and services the customer shall be deemed to have accepted and agreed to be legally bound by these terms and conditions.
- Digital mock-ups will be produced in most cases and included in the works document. They are not exactly to scale and are only intended as a representation of what the final garments will look like. Additional information such as size, position and colours will be outlined in the rest of the document.
- Minimum orders may be applicable in some circumstances depending on the decoration method and supplier restrictions.
- Acceptance of Orders
The supplier will normally accept orders for goods and services subject to the exclusions listed later in these terms and conditions.
The Supplier reserves the right to refuse to accept any order which contains, in the supplier's opinion
- Pornography of any description, either textual or graphic, even if it would otherwise be considered "soft".
- Material which is racist, sexist, ageist or inflammatory in any other way.
- Offensive, defamatory or libellous material.
- Material of a nature which may encourage, support or promote any illegal or banned organisation.
- Material of a nature which may encourage, support or promote any contraband or any other illegal or banned substance, item or activity.
- Material which may encourage, support or promote political change in any area of the world, other than by the accepted legal processes of that country.
- Material which may encourage, support or promote civil or military unrest in any area of the world.
- Material which may encourage, support or promote cruelty of any nature, either to humans or to any animal.
This list may not be exclusive and the final decision on whether or not to accept artwork lies solely and absolutely with the supplier. The supplier reserves the right to refuse to accept any order on any grounds whatsoever without assigning a reason.
- Supplied Goods
- Whilst the supplier makes every effort to ensure that any and all goods descriptions and illustrations supplied by him are accurate and current, the supplier is dependent upon the requirements of each individual customer. Completed goods may therefore differ slightly from advertised descriptions.
- The supplier cannot guarantee product availability. Should goods ordered be temporarily unavailable the customer shall be notified of the delay in delivery and given the option to cancel the order. If the customer does not cancel the order, the customer shall be deemed to have accepted the new delivery date.
- Colour matching of brand new garments to existing garments will be carried out as closely as possible but we cannot guarantee an exact match. Where existing garments are already in use, colour variations of manufacturer, range and fabric composition may change over time which we cannot be responsible for.
- The Stitchery Company will always endeavour to inform and advise on the best possible colour/garment choices to ensure a close as possible match be completed with the expected use of the garments will be given full consideration.
- Origination of Designs
- The responsibility for ensuring that copyright and ownership laws are maintained in respect of all artwork supplied by the customer for inclusion in an order remains with the customer. To the fullest extent permitted at law the supplier shall not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.
- The customer agrees to allow the supplier to use images of any and all finished products and embroidery patterns and designs for the purposes of advertising and marketing the supplier's business. This shall include, but not be limited to publication of such images on the supplier’s website and social media.
- From time to time, the supplier may wish to exhibit garments and/or other textiles bearing logos and/or designs owned by a Customer for the purpose of promoting the supplier’s business.
- The Stitchery and any of its employees cannot be responsible for any spelling errors made in artwork provided by the Customer.
- We endeavour to match logo colours as best we can but cannot be responsible for slight variances of colours between media. If a pantone colour reference number has been provided, we will match the closest thread colour or closest ink colour possible but this may also vary depending on what the ink is being printed onto.
- All prices are subject to VAT unless otherwise specified.
- Prices quoted are valid for 30 days from the quote date and are subject to review thereafter.
- Prices are secured upon receipt of 50% of the quoted amount as a non-refundable deposit.
- Prices may alter due to:
- Increases in supplier prices.
- Any cost to the Company resulting from an alteration being made at the request of the purchaser to the place of delivery.
- Any extra cost to the Company resulting from goods being carried at the purchaser’s request by methods other than those normally used.
- Setup charges are discretionary and will be specific as to what they include in the works document. A standard charge of £20+VAT per logo, will be added to all embroidery work and applies to creating a stitch file.
- The supplier may, from time to time and at his absolute discretion, offer discounts based upon order quantity or for any other reason which the supplier may assign. Discounts are not a right of the customer and may be withdrawn at any time. Discounts are not negotiable. Initial setup and carriage charges are not included in discounts.
- The title of the goods shall not pass to the purchaser until such time as full payment for the goods is received by the vendor.
- The goods will be at the buyers risk when they are delivered into his possession or place of delivery authorised by him. If full payment at this point has not been received they are still owned by but not the responsibility of care of The Stitchery Company. This shall be deemed to include goods delivered to the premises of buyers or sub-contractors.
- The purchaser shall be responsible for all risks attaching to the goods and for insuring the same to their full market value.
- Accounts and payment
- Full payment of all work is due as stated on the invoice prior to the commencement of work.
- Orders over £100 require a minimum of 50% deposit before work can commence but we reserve the right to ask for payment in full at our discretion.
- All payments are to be made in pounds sterling (GBP) only, unless otherwise agreed.
- Overdue Accounts. The Stitchery Company reserves the reserves the right to charge compound interest at 5% of the gross invoice value per month on overdue invoices, commencing on the 22nd day following the invoice date. The Stitchery Company will seek debt recovery by any legitimate and lawful means including, but not limited to, claims in the County Court and/or the employment of a licensed debt recovery agency.
- Dishonoured Cheques. The Stitchery Company reserves the right to charge a minimum administration fee of £25 for dishonoured cheques. This is the minimum charge and may vary, depending upon costs actually incurred by The Stitchery Company in recovering the debt.
- The preferred method of payment accepted by The Stitchery Company is BACS. We do not accept cheques. Card payments may be accepted in certain circumstances.
- Goods will be delivered using a reputable courier(s) by the most cost effective means.
- Carriage is normally charged according to weight and volumetric weight as designated by the carrier, unless otherwise arranged. The supplier reserves the right to add reasonable charges to cover the cost of packaging and the time taken to arrange shipment.
- Goods will be dispatched to a currier within at least 2 working days after they are completed unless agreed otherwise in writing.
- During transport, goods are only subject to standard insurance covers as set out by courier’s terms and conditions. If required, additional insurances are to be discussed and paid for separately.
Customers are welcome to collect their goods by arrangement. The customer is responsible for their goods once they are given to them upon collection, even whilst still on our premises and we are not liable for any loss or damage whilst they are not in our possession.
- To return goods, you must email us at email@example.com with the invoice number, order date, product information and tell us why you would like to return the item(s).
- All shipping charges for returning products to us must be paid by the returnee. Send using a service that requires a signature on arrival, we will not be held responsible for returns that do not arrive at our address.
- Embroidered or printed clothing can only be returned if the embroidery or print is defective or has been done incorrectly.
- There is no cash alternative for returned items. We will repair or replace the items like for like.
- There is no option to change the product, colour or size.
- All returns must be in their original packaging, items must be unworn, unwashed and in their original condition.
- If a manufacturing error has occurred, we will return the item to our supplier and a refund or replacement will be due at their discretion after a full investigation of the garment has taken place. Until that time we are unable to refund or replace the goods on their behalf.
- Replacements will be made at our discretion and will be considered on a case by case basis.
- We will not be held responsible for damaged garments due to washing errors made by the customer where the instructions on the washing labels have not been followed or the garments have been mistreated when in the care of the customer or their staff.
- Printed and embroidered garments cannot be returned due to sizing and colour issues. If in doubt, order a blank sample first.
- No returns on any orders after 30 days.
- Warranties and Liability.
- If you are a consumer, you may have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000. Advice about your legal right to cancel the Contract under those regulations is available from your local Citizens' Advice Bureau or Trading Standards office, however, this cancellation right does not apply in the case of: (a) any made-to-measure, personalised or custom-made products; (b) newspapers, periodicals or magazines; (c) perishable goods, such as food, drink or fresh flowers; (d) software, DVDs or CDs which have a security seal which you have opened or unsealed. You may cancel a Contract before the products have been decorated.
- The guarantee is not relevant and does not exist where the customer has supplied their own garment(s) or other Substrate(s).
- The supplier will not be liable for damages arising out of or in connection with the use of The Stitchery Company.
- Sizing information provided by garment manufacturers is beyond the control of The Stitchery Company and The Stitchery Company shall not be liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the Customer in their order. The Stitchery Company does not provide sizing advice.
- The customer accepts that due to the dyeing process they may see a shade difference between products of the same colour.
- The customer accepts that due to production tolerances we cannot guarantee exact design positioning or replication of each design
- Print and thread colours are not guaranteed to match customers supplied artwork. Always order a pre-production sample if in doubt.
- For the avoidance of doubt, where goods are sold under a consumer transaction the statutory rights of the customer are not affected by these Terms and Conditions.
- Circumstances beyond the control of either party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
- If any provision of these terms and conditions is declared by any judicial or any other competent authority to be void, void able, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these terms and conditions shall otherwise remain in full force and effect and enforceable.
- These terms and conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
- These terms and conditions shall be governed by and construed in accordance with the laws of England and the English Courts shall have non-exclusive jurisdiction to decide any dispute concerning these terms and conditions or the subject matter of these terms and conditions.
- No waiver by the supplier of any breach of these terms and conditions by the customer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
The acceptance and fulfilment of orders are on the basis that the customer has read, understood and accepted all these terms and conditions.