Terms & Conditions
Terms & Conditions of Sale - The Clever Baggers Ltd ('The Company')
QUOTATIONS – All estimates are based on the Company’s production costs at the date thereof and may be carried on or after the conclusion of any contract with the customer to allow for any change in production costs including (without prejudice to the generality of the foregoing) the cost of labour materials or transport. All prices quoted for goods and services are valid for a period of 21 calendar days from date of issue, unless otherwise agreed in writing by the Company. Quotations for carriage and lead times are estimates, and are subject to confirmation at time of order.
PAYMENT – All orders will be paid on pro-forma unless otherwise agreed in writing by the Company. V.A.T. where applicable, is payable on all goods and services supplied by the Company whether or not included in the estimate. Once an order has been confirmed in writing, the details or requirement may not be changed. Any such request will result in an administration charge of £15.00 + VAT
ARTWORK ORIGINATION – The preparation of artwork for printing is charged as a separate item. In the event of an order being cancelled, charges relating to origination will be made in line with our cancellation policy. All prices quoted include up to 1 hr of graphic design work, artwork proofs and the production of printing screens. Any additional time thereafter will be charged at the rate of £25 per hour. Where complete digital artwork is not supplied, then it is wholly the customers’ responsibility to ensure that any artwork provided by themselves or the Company, is satisfactory before any goods are printed. The Company will give as much professional help in advising the customer as to the suitability of the artwork, but accept no responsibility whatsoever in the appearance of the design once it has been printed onto fabric.
ARTWORK APROVAL – Prior to any order being passed to print, an electronic artwork proof will be supplied to the customer for approval. This will depict the artwork to be printed on the selected product and will show the product and print to scale. It is the responsibility of the customer to thoroughly check the artwork proof before approving. All approvals must be made in writing. Once approved, all printing will be to the approved proof and the Company will accept no liability for any error in the artwork.
COPYRIGHT – It is the sole responsibility of the customer to ensure that they have the legal right to reproduce the image or text as supplied. The Company shall accept no liability for any infringement of copyright law, and by submitting artwork the customer is confirming that they have a legal right to request reproduction of the image / artwork. Customers intellectual property in the form of graphic designs, photos and other digital / electronic media will be stored on secure server and will only be used in conjunction with the customers own order unless separate agreement is reached. Please refer to notes for damaged and kept (D&K) items.
TITLE - Until such time as the goods have been fully paid for, title to the goods will remain vested in the Company, who may, without prejudice to any other legal remedy, repossess any unpaid for goods. The goods will from time of the delivery be at the buyers’ risk.
DELIVERY - Where a delivery date is quoted or confirmed, this is an estimated delivery date. Although quoted in good faith, The Company is not responsible for any delays or consequential losses. No guarantees of delivery are undertaken at any time. Customers should organise their own express service to collect orders where recourse is required, if a deadline is not met. All despatches are ex-works and method of carriage is at Company‘s discretion. Order quantities subject to + / - 5% variance.
For deliveries to non-E.C. countries, customs fees (taxes, duties, processing fees, brokerage fees, etc) may be charged on delivery. Please contact your local customs office if you need to know more. These fees are not included in our shipping charge. We do not refund these fees, shipping or the cost of your order should you refuse to pay these customs fees. Should you return goods where customs fees have been paid, only the cost of your goods may be refunded.
SIZE - Products can vary in size by +/- 5%
FABRIC WEAVE & COLOUR - Cloths may vary in weave and shade due to the inherent nature of the cotton fibres, their country of origin and the weaving process employed.
CLOTH COLOUR - DYED FABRICS: Whilst every effort will be made to maintain consistent standards, allowance must be made for some variation in shade of dyed fabrics, as there can be variances between dye batches. Matching will however be to commercially acceptable standards.
PRINT COLOUR VARIATION - Whilst every effort will be made to maintain consistent standards, allowance must be made for some variation in shade from panel to panel during a production run, as no two items react in identical fashion when printed. Thus, no allowance or concession will be made for prints, which are not deemed to match exactly the approved standard, or other prints in the lot being processed. Matching will however be to commercially acceptable standards.
PRODUCT CARE - Products require different care depending upon their base fibre-content, the finish and the embellishment process applied. The Company's sales team will advise upon request. Specific wash/rub/fade/shrink standards may be met subject to these being outlined when placing an order.
CUSTOMERS' PROPERTY AND PROPERTY SUPPLIED - All property supplied to the Company by or on behalf of the customer will be held at customers' risk. Every care will be taken to secure the best results where materials or equipment are supplied by customers, but responsibility will not be accepted for imperfect work caused by defects in, or unsuitability of such materials and equipment.
D & K – Unless faulty printed products are explicitly requested and at an agreed price when placing an order, print faults and seconds will be kept by the Company and re-cycled or sold as seen fit
INSOLVENCY - If the customer ceases to pay his debt in the ordinary course of business or cannot pay his debts as they become due or, being a company, is deemed unable to pay its debts or has a winding up petition issued against him. The Company, without prejudice to other remedies shall 1) Have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him. 2) in respect of all the unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manners and at such prices as he thinks fit and to apply the proceeds towards such debts. The construction, validity and performance of this contract shall be governed by the law of England and Wales, and any legal proceedings in relation to such contract shall be submitted in the jurisdiction of the Courts of England and Wales without prejudice to the sellers' right to bring any such proceedings before the Courts having jurisdiction in the Purchasers' place of residence or business.
COMPLAINTS – Please ensure that all orders are checked upon receipt. Any complaints relating to your order must be made to the Company in writing within 7 days of receipt. The Company accepts no liability for complaints submitted other than in this manner, or in excess of this period. Claims for consequential losses relating to the purchase of goods from the Company will not be accepted. (Your statutory rights are not affected).
CANCELLATION - PLAIN ORDERS – Under ‘CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS’, you are entitled to cancel your order up to 14 calendar days after receipt. You must notify the Company in writing within that period. The Company will issue refunds within 14 working days from receipt of the returned goods or proof of return. The items must be returned to the Company within 14 days of cancellation, clearly stating the reason for return. Where a complete order is cancelled, standard postage charges shall be refunded, any additional or express services selected by the customer shall be at the expense of the customer. Where only part of the order is cancelled, only the value of the cancelled goods shall be refunded. The Company cannot accept responsibility for items lost during transit and advises that customers should retain proof of postage as a minimum. The Company will not refund return postage costs. The Company reserves the right to claim for any losses in the event of goods not being returned. Any returns made outside of this policy will be accepted at the discretion of the company. Upon acceptance of the return, a refund for the value of the returned goods only, minus an administration charge of 5% of the total order value will be issued. This does not apply to any custom printed orders. Your statutory rights are not affected.
CANCELLATION - PRINTED ORDERS – Orders for printed goods may be cancelled subject to the following charges:
After confirming order – £25.00
After artwork approval but prior to printing – All applicable origination charges (Minimum £25.00)
After printing started – Full order value except delivery costs.
PROMOTIONS & DISCOUNT – All promotions and discounts will be subject to additional terms and conditions as specified and supplied with that promotion. All orders must fully comply with the terms of the promotion in order to benefit from that specific promotion / discount
The construction, validity and performance of this contract shall be governed by the law of England and Wales, and any legal proceedings in relation to such contract shall be submitted in the jurisdiction of the Courts of England and Wales without prejudice to the sellers' right to bring any such proceedings before the Courts having jurisdiction in the Purchasers' place of residence or business.