1.1 The placing of an order with the
Seller shall constitute acceptance of the terms and conditions herein. The law
of England shall apply and the Courts of England shall have jurisdiction to
hear and determine any dispute or matter arising hereunder save that the Seller
shall be entitled to bring proceedings against the Buyer in the courts of any
other jurisdiction where the Buyer resides or carries on business.
1.2 The seller contracts upon these terms only and any printed or other standard terms emanating from the buyer shall not apply.
1.3 If any of these terms shall be invalid or unenforceable for any reason then that shall not affect the validity of the remainder of these terms and conditions which will remain in full force and effect but as if any such invalid or unenforceable term or condition had never formed part of it.
1.4 A full and current copy of the Terms and Conditions will be supplied at any time upon request.
2.1 If credit terms are offered payment is strictly nett 14
days from despatch date.
2.2 If credit terms cannot be offered payment is required before the order is processed in the factory by the seller.
2.3 The seller will be entitled to charge the buyer interest at 3% above the base rate of National Westminster Bank from time to time on all amounts payable by you under a supply agreement which are not paid when due from the time when those amounts first became payable up until the time when they are paid in full and whether that is before or after a court judgement.
2.4 Payment normally to be made by cheque (payable to Welbeck Sports), credit or debit card (by phone) or by BACS. The bank account details for BACS payments will be made available to customers on request.
2.5 Cheques which are represented, returned unpaid by the bank or cancelled will incur a £10 charge.
2.6 The seller reserves the right to alter prices without notice.
accepted by the Seller cannot be cancelled by the Buyer except upon terms which
will indemnify the seller against all actual or anticipated loss except for
compliance with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013,
3.2 Buyers are warned that: (a) printed or embroidered garments, specific to that order/customer, are personalised/customised items (b) most of the Welbeck Range garments are manufactured to the customer's order requirements and are manufactured specifically for that order, (c) many of the other brands of garments which we sell are purchased specifically by the seller to the buyer's order requirement, (d) if applicable, the seller will charge to cover costs for any work done on print/embroidery logos.
3.3 It is the buyer's responsibility to enquire of the seller the extent of loss which will be charged for on cancellation of order before the buyer either places or cancels the order.
3.4 Consumers see section 17.
seller cannot accept returns and/or exchanges of printed, embroidered or washed
garments for reasons other than the garments being faulty or incorrectly
supplied (the mistake being the seller's).
4.2 The seller cannot accept returns/exchanges of plain garments/items if they cannot be easily re-sold at full sale price to other customers, except for compliance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where applicable. Consumers expecting to return garments under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are warned that many of our orders are made to the customer's specifications/personalised and are exempt from the cancellation of contracts sections of the Act.
4.3 If the seller accepts the return of non-faulty goods for exchange the buyer is responsible for the carriage of the goods back to the seller, and also for the carriage of the exchanged goods to the buyer.
4.4 Goods cannot be accepted for exchange without the pre-agreement of the seller.
4.5 Consumers see section 17.
5.1 The buyer shall determine the suitability of the goods for
its intended use and shall not rely upon any representations made by or on
behalf of the seller.
5.2 Where goods are sold as substandard the seller accepts no liability for their quality or suitability or for any faulty goods which may be produced therefrom.
5.3 The seller undertakes that the goods will, in all material respects, comply with any general description which we may have submitted to the buyer, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal usage.
5.4 The buyer is warned that garment manufacture, printing and embroidery does not give 100% accurate and/or 100% reproducible results. Garments are manufactured to normal clothing manufacturing tolerances. Printing and embroidery quality is to normal tolerances within the industry. The buyer is warned that although every care is taken to provide good quality garments there may be minor differences between individual garments and also between any samples sent and the garments in the order.
5.5 Dyes are only fast to normal commercial standards and as specified in washing instructions.
5.6 If there is a dispute between the buyer and seller concerning a quality issue that cannot be otherwise resolved a sample of the goods will be sent to an independent testing house for testing. If the buyer's complaint is not upheld the buyer will be liable for the cost of the testing.
5.7 In no circumstances will the Sellers liability exceed the limitation contained in these conditions.
5.8 Unless specifically stated otherwise all goods are for general leisure/work/school use, and not sports use.
6.1 The seller
is not liable for problems that are caused by poor garment care.
6.2 It is the buyer's responsibility to ensure that washing, drying and general care instructions, as given in the garment and on extra instructions, are followed.
6.3 The seller is not liable for loss or alteration of colour of a garment where the fabric has been in contact with chemicals, including the chemicals in sweat and/or has been subject to strong heat or sunlight.
6.4 There is always some pilling on garments made from certain fibres. The seller is not liable for pilling caused by the wearer, by friction against other clothes or velcro, or during washing/drying if care has not been taken to minimise pilling.
6.5 Do not iron directly onto printed areas.
for new logos must be submitted on paper with the order.
7.2 Logos are only accepted by e-mail with the permission of the seller.
7.3 Any costs relating to time taken by the seller to alter designs sent as a computer file into a format which can be read and used on the seller's design computer system and software will be charged for.
7.4 The seller is not responsible for any alterations to the artwork which may occur with logos supplied in electronic format due to different settings, software, inks or fonts on the buyer's and sellers computer systems and printers.
7.5 Any alterations to the artwork by the buyer after submission of the order will incur a surcharge up to the cost price of the work that is required to effect the alteration with a £5 minimum charge.
7.6 The buyer accepts that a submitted design may have to be altered for technical reasons to make it suitable or possible for either printing or embroidery. The seller accepts and proceeds with the order on the assumption that reasonable alterations to the design will be acceptable to the buyer.
7.7 The seller has the right to refuse artwork, and/or cancel the order relating to it, on grounds of severe technical difficulties, possible legal problems, customer expectations beyond the means of commercial garment printing or embroidery, or reasons of taste.
7.8 It is the buyer's responsibility to ensure that agreement has been obtained from the copyright owner for the use of any copyrighted logos which are submitted to the seller for printing or embroidery onto garments. The buyer indemnifies the seller for any costs related to infringements of copyright laws, relating to the printing or embroidery of a logo on an order.
7.9 Unless otherwise specified by the buyer the seller will judge the position of the logo on the garment as what would normally be acceptable for most customers buying similar garments, and also taking account of normal tolerances in garment manufacture and the technical aspects of printing and embroidery.
7.10 If precise positioning of a logo is required this must be agreed before the order is accepted. The seller may charge extra for precision positioning of a logo.
7.11 It is the buyer's responsibility to ensure that any printed/embroidered logos on safety garments do not impact on safety requirements taking into account the end use of the garments.
7.12 Unless specifically purchased from the seller the buyer does not own the embroidered design or the print transparency/screen. Any charge for alteration of design does not constitute purchase or part purchase of the design/screen.
risk in the goods shall pass from the seller to the buyer upon delivery of such
goods to the buyer, or to any person nominated by the buyer for delivery purposes. However, not withstanding delivery and the passing of risk
in the goods, title and property in the goods, including full legal and
beneficial ownership, shall not pass to the buyer until the seller has received
in cash or cleared funds payment in full for all goods delivered to the buyer
under this and all other contracts between the seller and the buyer for which
payment of the full price of the goods thereunder has not been paid. Payment of
the full price of the goods shall include the amount of any interest or other
sum payable under the terms of this and all other contracts between the seller
and the buyer under which the goods were delivered.
8.2 The buyer agrees that (prior to the aforesaid payment to the seller) the seller or its authorised representatives may at any time enter the buyers premises without prior notice and may remove the goods thereon and that prior to such payment the buyer shall store the goods in a separate and identifiable form and in such a manner as to prevent any deterioration in the state or quality of the goods. Notwithstanding that neither the legal nor the equitable title in the goods shall have passed to the buyer the goods shall be at the risk of the buyer from time of collection by or delivery to him.
8.3 Nothing herein shall give the buyer the right to return goods to the seller.
9.1 No responsibility will be accepted if the goods have been
9.2 The seller shall not be liable for loss of profit or goodwill or other consequential loss of the buyer or any other person arising from any breach of this contract and in the event that such loss or damage occurs the buyer shall take all reasonable steps to minimise the said loss or damage.
9.3 The liability of the seller to the buyer for any loss or damage of whatsoever cause shall be limited to and in no circumstances shall exceed the invoiced value of the goods except for death or personal injury caused by the seller's negligence.
10.1 If the buyer
shall default in any obligation to the seller, appear unable to pay its debts
or fail to make payment of all monies due to the seller on whatever account
until such monies have been paid the seller may withhold delivery of the goods
or any part thereof whether or not the property and/or risk in the goods shall
have passed to the buyer.
10.2 Delivery is normally up to 6 weeks after receipt of order; the majority of orders being despatched within 2-3 weeks. Consumers: see section 17.
10.3 The buyer accepts that if they alter an order in any way this may reasonably delay despatch of the order beyond the guidelines given above. The buyer accepts that their delay in responding to the seller's queries or request for confirmation of artwork may reasonably delay despatch of the order beyond the guidelines given above.
10.4 Delivery is normally either by post or by parcel delivery service; the decision is taken by the seller as to which service is used. Deliveries by parcel delivery service require a signature upon delivery. If the buyer requires an express service or a service which gives a specified delivery time or day, or delivery to an address outside of the UK, the buyer is charged for the excess cost of this service.
10.5 Delivery must be accepted for goods which are in good condition and which are as ordered.
11.1 Although the seller will check records and use reasonable endeavours to help ensure that goods ordered by the buyer 'as before' are as the buyer expects the seller is not liable for any mistake caused by the buyer not specifying the garments/items, the logo, or the positioning of the logo with each order.
12.1 Unless the seller agrees otherwise in writing, all delivery dates are
estimated dates which the seller will use reasonable endeavours to achieve.
12.2 All goods are subject to availability. The seller may cancel a supply agreement, or offer suitable alternative items, if the goods (or parts that the goods are manufactured from) are out of stock or no longer available.
13.1 Sample garments
sent on approval to prospective buyers remain the property of the seller. They
must be returned to the seller in a good, unworn and unwashed condition or
purchased within 28 days of being despatched (unless an extension period has
been agreed by the seller).
13.2 The cost of postage/carriage for the return of the garments is the responsibility of the prospective buyer.
13.3 Samples not returned within 28 days (except where an extension has been agreed), or samples returned in a poor condition will be invoiced as a sale to the prospective buyer.
13.4 Sample garments must not be washed without the permission of the seller.
13.5 The seller retains the right to determine the number, style, colour and sizes of samples sent to prospective buyers. This may be determined by the likely order size from the prospective buyer.
14.1 The seller may agree on an order by order basis to
print or embroider logos onto garments/items which are already owned by the
buyer, and will be sent to us by the buyer or a representative of the buyer for
14.2 Prices for these orders will be agreed on an order by order basis.
14.3 The seller will not be liable for any loss or damage caused to the garments during processing the order or during transport to and from the seller's premises.
15.1 Colours shown in our advertising literature and web pages are as accurate as the printing process/web design process will allow. The seller is not responsible for customers making incorrect colour decisions due to the device or screen the customer has used to view web pages. Sizes given in literature are approximate only.
16.1 Prices given in price lists, catalogues or on the web site are for sales to organisations or companies, and are for minimum orders of 12 garments/items. The seller has the right to refuse sale of garments to individuals, and/or sales of garments below our minimum order quantity.
Section 17 applies to sales to consumers only.
17.2 If goods are returned by consumers for any other reason apart from term 4.1 the cost of returning the goods will be met by the buyer.
17.3 Consumers have a right to cancel orders not containing goods made or finished to their own specification. This cancellation right expires 14 working days from the day of delivery. Consumers must inform the seller of the order cancellation in writing by post, by email or by using the web form for cancelling orders/returning items on the company's web site. Full details of consumers' right to cancel is given in our "Returns Policy" document, available from the seller or on the seller's web site.
17.4 Consumers are reminded the seller is under a legal duty to supply goods that are in conformity with the contract.
17.5 Goods will be delivered within 30 days except where sections 12.1 and 10.3 apply.
18.1 In the
conditions "the seller" means the limited company registered in England No
348088, t/a Welbeck Sports or Welbeck. "The buyer" means any person, firm,
company or organisation who enter into a contract with the seller for the
supply of goods or the carrying out of work by the seller.
18.2 The "prospective buyer" means any person, firm, company or organisation who has shown interest in purchasing what the seller can reasonably assume is an order of 12 or more garments from the seller and has requested information or samples from the seller.
18.3 The definition of garment also includes other items such as bags which are included in our sales literature, or sold after the customer has requested the item.
18.4 A consumer is as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 & its amendments.