1. PRICES
Unless contractually agreed otherwise, price lists may be altered without notice and goods are invoiced at prices in force on the day of the confirmation. In the case of goods and/or services, which are the subject of a written quotation, the validity of the quotation is 14 days.
Variations – In the event of variations or suspensions of the work by the customer’s instructions or lack of instructions, the contract price shall be adjusted to reflect costs involved. Where a price per unit has been quoted and the customer requires a smaller number of units to be delivered than those quoted for, then we reserve the right to adjust the rates of prices applicable thereto.
2. PRODUCT REPRESENTATION
‘Stock Items’ refers to plain stock items with no personalisation, ‘Customised items’ refers to plain stock items that are personalised for the Purchaser, and ‘Bespoke items’ refers to unique design items that are made to order specifically for the Purchaser.
Product details and specifications within published literature of any form should be considered as an initial guide, we reserve the right to make changes to products without prior consultation.
3. SAMPLES
All stock sample orders are chargeable at the set prices per product and are required to be paid in full at the time of ordering. All stock sample orders are returnable and must be received by ourselves no later than 28 days from date of despatch unless otherwise agreed. Upon receipt of the returned stock sample products, a credit note or refund will be issued within 7 days. We advise that returned stock sample orders should be sent via courier or registered post. If the goods fail to arrive with us you will not be eligible for a credit note or refund. We cannot be held responsible for goods lost or damaged in the post. Goods returned after the sample return period has expired will incur an admin charge.
All bespoke samples are chargeable and are set out as follows:
i. The customers design is printed on the required material but not sewn together and is sent as a front and back template for illustration purposes only.
ii. The customers design is manufactured as the finished product and sent on normal delivery.
iii. The customers design is manufactured as the finished product and sent on express delivery for a small additional cost.
Bespoke sample options ii & iii are limited to one production run only.
4. MANUFACTURE
The Item supplied to the customer shall comply with the agreed specification of the product stated in the order acknowledgement.
The job sheet and logo worksheet, once confirmed, is a binding contract between the customer and ourselves. Once approved by the customer in writing, changes will not be accepted to either document. It is the customers responsibility to check the sales prices detailed on the invoice prior to order confirmation.
Any and all logo approvals are the sole responsibility of the customer. Once approved no changes can be made. The customer also acknowledges full responsibility for having obtained legal permission from each company/calleague to reproduce their logo or image that appears in the artwork. The customer also accepts full responsibility of checking the artwork for any errors.
For customised and bespoke items, the customer may be asked to approve a sample logo or sublimation design whilst the order is in production. Any delay in approval from the customer may result in a delay in the production of the garments. We shall not be responsible for any such delay.
Colours and designs are for visual guidance only. Logos are not shown to scale. Swatch samples may be available upon request. Bespoke and stock samples may be provided upon request and are chargeable, please see section ‘3. Samples’ for more details.
5. CANCELLED ORDER
Once a bespoke or customised order has been placed and confirmed the order cannot be cancelled or amended. Please note that this does not affect your statutory rights.
For stock items only, the customer has a legal right to cancel the order without giving any reason within 14 days of the day after you received the goods, unless the items have been customised in anyway. This is the “Cancellation Period”. The customer can cancel their order by letting us by either post to Ivictus Teamwear Ltd, Whitlety Way, Northfields Ind Est, Market Deeping, Peterborough, PE6 8AR, or by email on [email protected], or by phoning 01778243275. The customer should keep evidence of having given notice of cancellation, such as an email receipt.
6. DELIVERY
The estimated delivery date is our target delivery date at the point of sale and we shall endeavour to meet this. Any delay due to conditions that constitute “Force Majeure” meaning an excusable delay, unforeseen circumstances proved to be beyond the reasonable control and without the fault or negligence of ourselves, we will not be held responsible or liable.
Claims for damages or any consequential loss on account of late or incomplete delivery cannot be considered valid.
Should there be a default in payment by the due date as shown on the invoice, we reserve the right to suspend the order until full payment has been made and this may result in the delivery date being extended.
Where bespoke garments are to be manufactured in accordance with the customers requirements, the quoted lead-time shall commence from receipt of written confirmation of the order and valid payment as set out on the email confirmation and job sheet that is issued. A copy of the email confirmation and job sheet are also available on request.
If goods are out of stock, we will notify the customer via email as soon as possible and advise if alternatives are available. We will aim to replenish stock levels as soon as possible. If the customer orders more than one product, we do not guarantee that all goods will be delivered in a single delivery and we reserve the right to deliver in instalments.
7. DAMAGE IN TRANSIT OR NON-DELIVERY
A complaint must be made in writing within 3 working days of receipt of goods if they have been damaged in transit. On receipt of an externally damaged delivery, a claim for damages must be submitted. In cases of non-delivery of goods, a complaint must be made in writing within 5 days of despatch (within UK).
The risk in the goods shall pass to the customer at the point of delivery as specified in these conditions or as otherwise agreed and we shall have no responsibility for the safety of the goods thereafter.
8. RETURN OF GOODS
Under no circumstances may goods, supplied against a firm order, be returned without the customer having first applied for and obtained the written consent from ourselves. Goods returned without prior permission or that fall outside of the guidelines detailed below will not be accepted and returned to the customer at their own cost and an administration cost may be applied.
i. Customised & Bespoke Products – You do not have a legal right to cancel any goods that have been personalised to your requirements. As these are customised for the customer, their club or team, we are unable to accept returns except in the case of manufacturing error or faulty goods.
ii. Plain Stock Products – The Company will accept returns of plain stock products within 14 days from date of delivery if the goods are in the original condition with all labels, tags and bags intact. Please note that the return may be subject to the cancellation/restocking fee.
iii. To return plain stock items, this must be agreed by ourselves prior to the goods being returned as per clause 5. The customer must keep the goods in a re-saleable condition and in accordance with clause 8 (ii)
iv. If the customer returns goods to us due to a manufacturing fault, we will inspect the goods and either replace or repair the item or refund the full purchase price for goods that we reasonably accept are defective, faulty or which are otherwise not in accordance with the order. This is subject to the goods being returned to the us within 30 days from date of delivery.
v. We will replace the goods or refund the customer provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, negligence or if you fail to follow product care instructions or if the goods have been misused, altered or repaired without our approval. If we do not find any fault or defect then your cancellation and refund rights are limited to those set out above. This does not affect the customers statutory rights.
vi. If the customer believes that goods have a defect, you should not make any further use of them before returning them to us. After the guarantee period, refunds and exchanges shall be at our discretion. The customers statutory rights are not affected.
vii. We advise returned orders should be sent via courier or registered post. If the goods fail to arrive to us, you will not be eligible for a credit note or refund. We cannot be held responsible for goods lost or damaged in the post. Goods returned after the return period has expired will not be eligible for a credit note or refund and the order will be returned to the customer at the customers own cost and an administration fee may be applied.
viii. We will not reimburse the customers return delivery costs except in the case of a manufacturing error. Where a manufacturing error has occurred, return postage cost of up to £8.00 UK or £25 International may be reimbursed upon proof of postage. Where the postage exceeds the stated value, prior approval must be obtained from us in writing.
ix. All return packages must include a completed returns form which will be emailed to the customer with confirmation of goods to be returned.
9. GUARANTEE
i. All the Company’s products are guaranteed for a minimum of 30 days from the date of delivery, subject to the following conditions without prejudice to the Purchaser’s statutory rights.
ii. In the event of a complaint arising during the period of guarantee, the customer should notify us regarding the nature of the complaint before returning the goods. If we are satisfied that our product has become defective due to faulty workmanship or material, in normal use, in accordance with our instructions, we will at our discretion, either despatch a direct replacement free of charge or repair the article free of charge.
iii. It is the responsibility of the customer to ensure that all goods are used in in line with the manufacturer’s instructions. Contravention of such instructions invalidates the guarantee and any rectification carried out by us at the request of the customer is chargeable by us.
iv. We reserve the right to decide whether a product has been tampered with in which case the guarantee becomes invalid.
v. Our guarantee is explicitly limited to the repair or replacement of defective goods.
10. PAYMENT
The prices quoted are inclusive of VAT for general public customers and excluding VAT for corporate clients. Standard payment terms are payment in full at point of order. Alternatively, and only with prior agreement, we will accept orders provided they hold a valid 7 day credit account. For customer who already hold a 7 day credit account with the ourselves, payment is due in line within the agreed terms.
We reserve the right to charge statutory interest at 8% above the Bank of England base rate on overdue accounts as per the Late Payment of Commercial Debts (Interest Act 1998).
11. RESERVATION OF TITLE
Notwithstanding delivery of the Goods to the customer, ownership of the Goods (both legal and equitable) will not pass but remain with ourselves. However, immediately on delivery to the customer or into custody on the customers behalf (whichever is the sooner) the risk in the Goods will pass to the customer. Property in the Goods will pass to the customer when all outstanding debts owed to ourselves in respect of the goods relevant to this contract have been paid in full.
If payment by the customer under this contract becomes overdue in whole or in part, of if the customer shall commit any other breach of this contract or any act of insolvency (as hereinafter defined), we shall be entitled (without prejudice to any of its other rights) to treat this contract as discharged, and to repossess the Goods, the subject of this contract, or the mixed goods, or any of them, as the case may be, and to enter upon any premises where the goods may be situated for that purpose.
12. LIMIT OF LIABILITY
This clause sets out the entire financial liability of each Party (including liability for the acts of omissions of its employees to each other in respect of any breach of this agreement or any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement).
i. Nothing in this Agreement shall limit or exclude liability of either Party to the other for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation.
ii. Without prejudice to 11 (i), neither Party shall not be liable to the other Party, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: (a) loss of profit; or (b) loss of goodwill; (c) loss of business; (d) loss of business opportunity; (e) loss of anticipated saving; (f) loss or corruption of data or information; (g) special, indirect consequential damage suffered by one Party that arises under or in connection with this agreement.
iii. Without prejudice to clause 11 (i) or clause 11 (ii) the Company’s total liability of each Party arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to the price of the Order to which the claim relates.
13. INTELLECTUAL PROPERTY RIGHTS
Inventions, technical information, patents, know-how, registered and unregistered trademarks and service marks (including any trade, brand or business names and any URLs or domain names), registered designs, design rights, copyright and moral rights and topography rights (in each case for the full period thereof and all extensions and renewals thereof), applications for any of the foregoing and the right to apply for a claim priority in respect of any foregoing in any part of the world and any similar rights situated in any country.
All intellectual property rights in the goods and in any material used in the manufacture of the goods so and shall continue to belong to us or a supplier to the Company and the customer agrees that it will not infringe any of our intellectual property rights. In addition, the customer agrees to notify us as soon as it becomes aware of any third party infringement of Intellectual Property Rights in relation to the goods or any of them.
The customer shall leave in position and not cover, deface or erase any notices or other marks (Including, without limitation, notice that a trademark, design, patent or copyright relating to the goods is owned by us or a third party) which may be placed on or affixed to the goods.
14. GENERAL
This agreement shall be governed and construed in accordance with the law of England and the parties hereby accept the non-exclusive jurisdiction of the High Court of Justice in England in relation to all matters, claims or disputes arising out of or in connection with this agreement.
In the case that any part or parts of this contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.
All orders are accepted and executed on the understanding that the customer is bound by these General Conditions of Sale. Where there is any inconsistency between these Conditions of Sale and any Conditions which the customer seeks to impose these General Conditions of Sale shall prevail.
COMPANY INFORMATION
Invictus Teamwear Limited is registered in England and Wales. Our registered office is located on the premises Invictus Teamwear Limited, Whitley Way Northfields Industrial Estate, Market Deeping, Peterborough, PE6 8AR. Our company registration number is 17054396.
