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Terms and Conditions of Sale - Sew Personal Limited
The following terms and conditions ("the Conditions") are the terms on which Sew Personal Limited 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.
1. PRICE AND PAYMENT
1.1. The price (exclusive of VAT where applicable) for the Goods ("the Price") shall be the quoted price of the Seller and payment of the Price shall be made by the Buyer within the due date of the invoice for the Goods without further deduction of any kind.
1.2. If the Price is not paid by the due date interest shall accrue from the date of invoice and after judgement on the unpaid portion of the Price at the rate of 4 per cent above the base rate of Lloyds TSB Bank PLC. This rate is subject to change from time to time. If payment is not received 14 days after the due date, the seller will charge £25 plus VAT for each correspondence sent in conjunction with the outstanding amount. If the seller instructs the Company Solicitor to collect the outstanding debt a charge of £100 plus VAT will be charged, with all subsequent legal fees being passed to the buyer.
1.3 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 the price change. 1.4 Unpaid, Refer to Drawer or Represented cheques, improper reapplied charges, charge returns, invalid chargebacks or fraudulent Credit Card payments will incurr a £25.00 fee per transaction instance. 2. GOODS
2.1 The description and quantity of the goods to be sold ("the Goods") shall be as set out in the quotation or Sales Order provided by the Seller to the Buyer ("the Quotation"). By virtue of the goods sold no warranty is offered as to durability and life of the products sold.
2.2 All colours of garments on the web site and brochure material are for guide purposes only. Colours do change from supplier to supplier. The seller can not be held responsible for any minor colour differences.
2.3 If the Buyer places an order verbally over the telephone, the Seller may use a telephone recording service for confirming the order. By placing the telephone order the Buyer accepts this condition. Otherwise the Seller will not be responsible for any mistakes. The order is taken in good faith and any garment 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.
3. DELIVERY
The Seller shall deliver the Goods to the Buyer at the address of the Buyer as shown on the Quotation on or as near to the date shown on the Quotation, subject to the availability of 3rd party carriers.This delivery date is not guaranteed. Time shall not be of the essence for delivery. Collections shall be at the Customers request, expense and risk from the premises of Sew Personal Limited during the hours of 09.00 to 16.00 Monday to Friday excluding Public Holidays. We accept no liability of any description for late delivery.
4. ACCEPTANCE / RETURNS POLICY
4.1 The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th day after despatch. The Buyer shall not be entitled to reject the Goods in whole or in part after such date. No rejection of goods can take place under any circumstances or for any reason where an embroidery / printing has been applied to any garment at the Buyers request.
4.2 All transactions for Buyer supplied garments are deemed to be at the Buyers risk and expense.
4.3 If the Buyer contacts the company by telephone/email and cancels the order prior to processing a full refund will be given subject to a 20% re-stocking fee and postage costs. The cancellation must be followed up in writing (delivered by email or post) before the refund can be sent. If the buyer cancels the order after processing the seller will charge for any art work set up charges, stitch conversion, embroidery, garments and any other misc charges incurred.
4.4 If the Buyer contacts the company by telephone/email and modifies the order prior to processing, the company will endeavor to accommodate the buyers request subject to garments being received at the company (from the manufacturers) and current stock levels. The buyer may be subject to delivery/return charges and restocking fees. The order modification must be followed up in writing (delivered by email or post) before the modification can be actioned. If the buyer modifies the order after processing the seller will charge for any art work set up charges, stitch conversion, embroidery, garments and any other misc charges incurred.
4.5 If the buyer commissions artwork or digitisation by Sew Personal (free, chargable or otherwise) and the Buyer subsequently cancels the commissioning or associated order, then a charge will be payable by the Buyer for the said work at a rate of £5.00 per 1000 stitches (min charge £50).
5. TITLE AND RISK
5.1. The Goods shall be at the risk of the Buyer following delivery
5.2. Goods supplied by the Buyer or any third party on behalf of the Buyer for either embroidery, screenprinting, transfer printing or any other purpose shall always be at the Buyers own risk. Under no circumstance will Sew Personal Limited accept liability under any condition or circumstance for any damage to the garments or loss however incurred for such Buyer supplied items or garments.
5.3. 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.
5.4. 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
5.5. Title to originated artwork or embroidery digitisation (known as origination or digitisation, which may or may not be held on disk and in digital machine format) is retained by Sew Personal Limited. At no point in time does the said title transfer to the buyer before, during or after the business transaction unless clause 5.7 comes into effect. Sew Personal Limited license the said artwork/embroidery digitisation to the Buyer for use on any garments or items.
5.6 At any point, Sew Personal Ltd reserve the right to utilise any artwork/digitisation for advertising or promotional purposes.
5.7 If any artwork origination/reorigination or embroidery digitisation is undertaken by Sew Personal Ltd, free of charge or with no associated setup fee (even if the supply forms part of a separate business transaction), Sew Personal will license the artwork or embroidery digitisation to the Buyer as in clause 5.6. In this case, Sew Personal Ltd retains the title to the artwork / embroidery pattern but not the brand or logo itself. Also, in this case, a copy of the artwork / embroidery digitisation held in a digitised embroidery format can be made available to the Buyer at a price to be decided by Sew Personal Limited. Once the cleared funds have been received by Sew Personal, the title of the said artwork / embroidery digitisation shall transfer to the Buyer. Sew Personal Limited do not undertake to retain a soft-copy of the said digitisation indefinately or for any specific period after the artwork origination/reorigination or embroidery digitisation is initially supplied.
5.8 If any artwork origination/reorigination or embroidery digitisation is undertaken by Sew Personal Ltd, and a fee is charged (whether or not part of another business transaction), a copy of the artwork / embroidery digitisation in digital machine format can be made available to the Buyer. Sew Personal Limited do not undertake to retain a soft-copy of the said digitisation indefinately or for any specific period after the artwork origination/reorigination or embroidery digitisation is initially supplied.
6. LIMITATION OF LIABILITY
6.1. 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
6.2. 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
6.3. 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.
6.4 It is deemed that the Buyer has legal rights to use the supplied artwork and will indemnify Sew Personal Limited for any loss or potential loss due to copyright infringement by the Buyer.
7. FORCE MAJEURE
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 to deliver of the suppliers of the Supplier.
8. GENERAL
8.1. If any term or provision of these Conditions is held invalid illegal or unenforceable 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 unenforceable provision eliminated.
8.2. The Seller may without the consent of the Buyer sublicence its rights or obligations or any part of these Conditions.
8.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
9. ENTIRE AGREEMENT
Each of the parties agrees 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.
10. GOVERNING LAW AND JURISDICTION
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.
11. RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of a consumer.
12. TESTIMONIALS
Sew Personal Ltd reserve the right to publish any comments made by customers to the Sew Personal Ltd website or use in any advertising promotion. Terms and Conditions of Website of Sew Personal Limited
Sew Personal Limited reserves the right to revoke the authorisation to view, download, print, copy, distribute and circulate the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Sew Personal Limited.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, print, copy, distribute and circulate the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SEW PERSONAL LIMITED, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SEW PERSONAL LIMITED MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. SEW PERSONAL LIMITED MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND SEW PERSONAL LIMITED MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
SEW PERSONAL LIMITED ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL SEW PERSONAL LIMITED OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SEW PERSONAL LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEW PERSONAL LIMITED OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site contains links to third-party Web sites that are not under the control of Sew Personal Limited. Sew Personal Limited makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Sew Personal Limited Web site, you do so at your own risk and Sew Personal Limited is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Sew Personal Limited provides these links merely as a convenience and the inclusion of such links does not imply that Sew Personal Limited endorses or accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain references to Sew Personal Limited products, services, and programs that have not been announced in your country. These references do not imply that Special Bearsý intends to announce such products, services or programs in your country.
TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Sew Personal Limited or other third parties. You are not permitted to use the Marks without the prior written consent of Sew Personal Limited or such third party which may own the Marks. Sew Personal Limited and the Sew Personal Limited logo are trademarks of Sew Personal Limited.
Privacy Policy
Sew Personal Limited has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices. If you have any questions about our privacy policy or our use of your information, or if you need help changing or deleting your Sew Personal Limited account, please contact us.
Information Collection and Use
We will not sell, share, or rent your information to others in ways different from what is disclosed in this statement. Sew Personal Limited collects information from our users at several different points on our website.
Registration
Visitors can visit Sew Personal Limited without registering or giving any information. However, our site does have a way for our users to register (i.e. members accounts). During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest.
Orders
We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.
Log Files
We use IP addresses to analyze trends, administer the site, track userýs movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use Barclays Merchant Services for credit card processing, to bill users for goods and services. Sew Personal Limited do not retain, share, store or use personally identifiable information credit card data for any primary or secondary purpose. Barclays Merchant Services are not allowed to use personally identifiable information except for the purpose of providing these services.
Legal Requirement
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to:
conform with the law, respond to claims or comply with legal process served on Sew Personal Limited Products or the Site;
protect and defend our rights or property, the Site, our employees, guests or the public.
Link
This web site contains links to other sites. Please be aware that Sew Personal Limited is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Customer Service Correspondence
We may collect information that identifies you personally when you submit comments, questions or suggestions to our Customer Service department.
Special Offers
Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to opt-out of these types of communications.
Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control.
Site and Service Updates
We also send site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information.
If a user's personally identifiable information changes (such as your address or email), or if a user no longer desires our service, we do provide a way to correct, update or remove that user's personal data provided to us. This can be done by emailing Sew Personal Limited.
Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site. Users who no longer wish to receive promotional materials from our company may opt-out of receiving these communications by emailing Sew Personal Limited.
Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party, or not.
Notification of Changes
If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
The documents and information may be used for personal, informational, internal, non-commercial purposes with appropriate citation to Sew Personal Limited.
Permission to use documents and information for commercial purposes is granted only with the prior written consent of Sew Personal Limited and only with the appropriate citation to Sew Personal Limited.
You may not remove any copyright or other proprietary notices contained in the documents and information.
Use of Site Information and Materials
Except as otherwise indicated elsewhere on this Site, you may view, download, print, copy, distribute and circulate the documents and information available on this Site subject to the following conditions:
Except as expressly provided herein, Sew Personal Limited and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Sew Personal Limited.
COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorised use of the Materials or Services at this Site may violate such laws.
The information provided here is of a general nature and is not to be construed as a recommendation to the specific business circumstances of any individual or entity. The information has been compiled from sources we believe to be reliable, but no guarantee is given or implied as to its completeness or accuracy.
ACCEPTANCE OF TERMS
Sew Personal Limited makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by Sew Personal Limited (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms and Conditions of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. Sew Personal Limited reserves the right to change the Terms and Conditions of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms and Conditions of Use. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions of Use. If you breach any of the Terms and Conditions of Use, your authorisation to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.
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