TERMS AND CONDITIONS

Definitions

The following interpretations are used and form part of these terms and conditions of trading with Workwear wizard.  The terms and conditions:
“The Supplier” meaning Workwear wizard which is a trading style of CUSTOMISED PRINTS AND EMBROIDERY a U.K companies house registered company (11099586) it’s owner and all persons in connection with Workwear Wizard for purposes of trading.
“Goods” and/or “Services” shall mean garments or clothing and other items supplied, whether embroidered, printed or not, by the supplier Workwear Wizard, to any third party, and includes but not limited to embroidery and print-only services of items which are the property of any third party. “The Supplier” Workwear wizard are interchangeable.
“The Customer” means any third party to services and goods are supplied, are to be supplied or have been supplied.
“Foreign Language” or “Foreign Languages” means any and all languages which is not UK English.
“Enquiry” or “Enquiries” means requests of information from any third party to the supplier, whether or not any requests result in any order or orders.
“The Order” or “An Order” means confirmation of requests for services or goods from a third party or customer, by placing any order, the third party customer has agreed to pay in full amount, within the times or time frame requested by the supplier.
“Artwork” means any image or images given by any third party to the supplier by electronic or physical means, which the supplier is able to make a stitch file.
“Stitch File” means any computer file made using embroidery software, with the electronic information essential to make an embroidery product.
“Delivery” and “Collection” means the time the Customer takes possession of Services or Goods and these words may be liable to change in these Terms. They may not necessarily mean specifically an act in which services or goods are sent by post or other courier nor an act by which a customer comes to the supplier’s premises.
“In Writing” means non-verbal communication written by hand, written on paper or submitted by electronic and/or digital means.
“The Supplier is Not Be Liable” means that, to the maximum extent allowed by law the Supplier is not liable for any damages of any kind. This is a full limitation of liability which applies to all damages by consequential of any kind, including (without limitation), compensatory, indirect, direct or damages, loss of data, profit or income, of or damage to any property and claims of third parties.

2. Services and Goods

2.1. Supply of goods decorated. The supplier will, with discretion, obtain garments or other textiles which he will embroider, print and supply in relation to orders made by clients and customers, subject to the substitution clause in these terms.
2.2. Embroidery and print only services. The supplier will, with discretion, supply embroidery and print services to clients and customers who supply their own garments and other textiles for embroidery and print.
2.3. Unembroidered or unprinted goods. The supplier will, with discretion, take and supply goods without embroidery and print in relation to Orders placed by clients and customers, subject to the substitution clause in these terms.
2.4. Quality of goods supplied. The supplier aims to supply goods from reputable and established contacts, unless otherwise requested by the client or customer.
2.5. Customers’ own goods. Customers and clients supply goods for embroidery and print entirely at their own risk. The Supplier is Not Liable for any damages from or in relation with the use of Workwear wizard. 
2.6. Substitution. Workwear wizard do not normally have stock; items are taken to order. Any items taken by the supplier on behalf of the customer or client is subject to availability. The supplier reserves the right to replace garments which are ordered and unavailable. Prices will be agreed between the supplier and the customer before any replacements are made.
2.7. Delivery Times. The supplier will complete any 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. In any likelihood of not meeting that period the client or customer will be notified with the earliest possible time.
2.8. Special Deadlines. The Supplier will aim to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.

3. Ownership, Copyright and Acknowledgment of Artwork

3.1. Not withstanding and regardless of any artwork, the ownership and copyright of all digitised designs and artworks provided by the supplier is asserted and remains with Workwear wizard.
3.2. The responsibility of copyright and ownership laws are kept in respect of all artwork supplied by the client or customer to be included in any order remains with the customer. To the maximum extent permitted by law the supplier is not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.
3.3. The client or 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 includes, but not limited to publication of such images on the supplier’s website.
3.4. From time to time, the supplier may display garments and/or other textiles bearing logos and/or designs owned by a client or customer for purposes of promoting the supplier’s business.

4. Orders and Ordering

4.1. a. The client or customer may make an order for goods from the supplier by electronic mail, postal or in person. The supplier will supply a confirmation of the order with an order number. When an order is accepted and an order number issued, the client or customer has entered into a contract with the supplier, which is binding upon both parties. 
4.1.b. The client or customer will check the confirmation of any order and notify the supplier of any discrepancies at the earliest available opportunity. The supplier is not liable where the client or customer has not, within a reasonable time, notified the supplier of discrepancies in the confirmation of order.
4.2. The client or customer will supply the supplier all or any required artwork in either physical or electronic form at or before the time of the order is placed.
4.3. If artwork is supplied by post or other courier either on floppy discs, compact discs, flash drives, memory sticks or any other electronic or digital storage device, or in physical form, items which are submitted is entirely at the clients or customer’s own risk. No responsibility will be accepted by the supplier for loss or damage to such items. The supplier will not be liable for damages caused from the loss or damage to any items supplied either by post or other courier or by electronic mail.
4.4. The client or customer will be responsible for the accuracy of the order. Placing an order for services and goods the client or customer is deemed to have accepted and agreed to be legally bound by these terms and conditions.

5. Acceptance of Orders

5.1. The supplier accepts orders for services and goods subject to the exclusions listed later in these terms and conditions. 
6. Exclusions
6.1. The Supplier reserves the right not to accept any order which contains, in the supplier’s opinion:
a. Pornography of any type, textual or graphic, even if it is considered “soft”.
b. Any Material deemed to be racist, sexist, ageist or inflammatory in any form.
c. Defamatory, offensive or libelous material.
d. Any material which may support or promote any illegal or banned organisation.
e. Any material which supports or promotes any contraband or any other illegal or banned substance, item or activity.
f. Any material which supports or promotes political agendas in any area of the world, other than by the accepted legal processes of such country.
g. Any material whichsupports or promotes civil or military unrest in any parts of the world.
h. Any material which supports or promotes cruelty of any form, whether to humans or to any animal.
The final decision on whether or not to accept artwork is solely and absolutely with the supplier. The supplier reserves all rights not to accept any order on any grounds whatsoever and does not need to give reason.

7. Catalogue(s)

7.1. All statements, terms, prices and any other information provided in any catalogue(s) and price list(s) and/or merchandising provided by the supplier form part of these terms and conditions unless otherwise stated. Any catalogue, price list or merchandising provided by Customized Prints and Embroidery may vary from time to time at the supplier’s discretion.

8. Supplementary Terms and Conditions

8.1. Any special Terms (including but not exclusive notifications of any discount and temporary or permanent variations and special terms for specific clients, customers or groups) form part of these terms and conditions, whether or not included herein. These terms and conditions may be quoted in full or in part as part of any supplementary terms and conditions.

9. Prices and Payment

9.1. VAT. All prices quoted are inclusive of VAT
9.2. Prices. Any prices and information displayed in the suppliers catalogue, price list and/or merchandising form part of these terms and conditions unless stated otherwise. The supplier reserves the right to change prices without notice at absolute discretion. Where a price has been changed following the issue of a quotation, the supplier will notify the client or customer as soon as possible.
9.3. Quotations. Quotations is at the supplier’s absolute discretion and may change from quote to quote. Any written quote will be displayed clearly on that quote. Any quotations should not be confused with estimates.
9.4. Estimates. The supplier may give informal estimates of costs from time to time, either verbally or in writing, but not binding in any way whatsoever.
9.5. Payment Terms. Payment terms with any order. At absolute discretion, the supplier may accept payment on delivery, payment on collection or 21 Days’ credit. The supplier will notify any terms where a contract is entered.
9.6. Credit Terms. Any credit terms offered to clients or customers at the supplier’s discretion, this is normally limited to clients or customers the supplier has already previously done business with successfully. The time of credit is 21 days Net, commencing with and including the date upon any invoice issued.
9.7. Overdue Accounts. Customized Prints and Embroidery reserves the right to charge interest at the rate of 5% of the gross invoice value per month on any overdue invoices, commencing on the 22nd day following the invoice date. Customized Prints and Embroidery will pursue debt recovery by legitimate and lawful means including, but not limited to, claims in the County Court and/or the use of a licensed debt recovery agency.
9.8. Dishonoured Cheques. Workwear wizard reserves the right to charge a minimum administration fee of £25 for dishonoured cheques. This is the minimum charge and is to subject to change, depending on any costs actually incurred by Workwear wizard in recovering any debt.
9.9. Discounts. The supplier, from time to time and at discretion, offer discounts based on order quantity or for any other reason which the supplier deems fit. Discounts are not a right of the client or customer and can be withdrawn at any time. Discounts are none negotiable. Initial setup and carriage charges are not included in any discounts.
9.10. Trade Prices. The supplier, at discretion, may offer trade prices to business clients or customers for which he is undertaking sub-contract work, but is not available to other business clients or customers who are end-users or consumers of the supplier’s services or goods. These prices can be negotiable at the time that sub-contract work is accepted and normally agreed in writing with the business client or customer before any work is undertaken. Trade prices are subject to review and re-negotiation. Trade prices offered to one business client or customer does not necessarily mean it will be the same as those offered to another business client or customer.
9.11. Methods of Payment. The following methods of payment are accepted by Workwear wizard payment is accepted in UK Sterling only.
a. Personal Cheque –Is accepted only when the cheque is made payable to Capricorn Continental Clothing Company and when fully supported by a current, valid guarantee card which guarantees the entire amount on the cheque.
b. Company-Type Cheques. Cheques from legitimate businesses and unincorporated organisations, made payable to Capricorn Continental Clothing Company, are accepted by arrangement.
c. BACS Payments are accepted into the supplier’s business account, details of which will be notified to the customer on request. Customers should allow 4-5 working days for BACS payments to reach the supplier’s bank account.
d. Credit and Debit Cards – The Supplier accepts all major credit and debit cards.
e. Cash – when presented in person. Notes will be subject to security checks.

10. Carriage (Shipping and Handling)

10.1. Charges. Carriage is charged according to weight and volumetric weight as appointed by the carrier, unless otherwise arranged. Workwear wizard reserves the right to add additional charges to cover any costs of packaging and the time taken to arrange shipment.
10.2. Method. Goods are normally shipped via the most cost-effective route. Carriers can include, but not be limited to the Royal Mail or any other courier service. The supplier may deliver goods personally by arrangement, where a carriage charge will normally be levied.
10.3 Insurance and Claims. Goods may not be insured in transit below the value of £45 unless the client or customer requests. Costs of insurance, recorded delivery or registered post must be requested by the client or customer. The supplier is not liable for claims raised from loss or damage to properly packaged goods in transit.
10.4 Overseas Shipping. Goods under the value of £50 shipped outside of the U.K are sent at the clients or customers own risk. Insurance can be provided for an extra charge.

11. Returns.

Refer to Warranties and Liabilities clause of these Terms and Conditions.

12. Foundation of Contract and Specifications.

12.1. No contract will be accepted between the supplier and client or customer for the sale of any services or goods until the supplier has accepted any order by e-mail, telephone, letter or other means.
12.2. The supplier will make every effort that all servicers or goods described and illustrated are accurate and current at the time of order. Services and goods may differ slightly from advertised descriptions.
12.3. The supplier cannot guarantee product availability. If the services and goods ordered be temporarily unavailable the customer will be notified of the delay in delivery and given the choice to cancel the order. If the client or customer does not cancel the order, the client or customer is deemed to have accepted the new delivery date.
12.4. Placing an order for services and goods from the supplier, the Client or Customer accepts that he, she or they have read fully and understood these terms and conditions and is entering into a contract based upon these terms and conditions by which he, she or they agree to be legally bound.

13. Warranties and Liability.

13.1. The supplier aims to use good quality garments and substrates, but cannot guarantee nor offer a warranty upon the quality of manufacture of any garment or substrate nor upon the conditions in which the goods are transported in shipment. If the client or customer discovers (within 3 days of delivery) that an item is faulty, then the Supplier will replace the goods, subject to the goods being returned for inspection before any replacement is made. To claim under this guarantee the client or customer must contact the supplier and obtain returns authorisation. Once acceptance and authorisation has been made the client or customer should return the alleged faulty goods to the returns address provided. The goods will be inspected and if the alleged fault is found a replacement will be made.
13.1.a. Returns of embroidered and printed goods are not accepted under any circumstances other than those described in sub-clause 13.1.
13.2. The guarantee detailed at sub-clause 13.1 does not exist where the client or customer has supplied their own garment(s) or other Substrate(s).
13.3. Goods supplied for embroidery and printing by the client or customer will be returned in the condition in which they were received. However, you should be aware that they will be subjected to a mechanical process during embroidery. Any and all items supplied to the supplier, which are the property of the client or customer or any third party on whose behalf the client or customer is acting, is supplied entirely at the clients or customer’s own risk.
13.4. The supplier is not liable for any damages arising out of or in connection with the use of Customized Prints and Embroidery, including use outlined at sub-clause 13.3
13.5. Sizing information issued by garment manufacturers is out of the control of Workwear wizard and Workwear wizard is not liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the client or customer in their order. Workwear wizard does not provide sizing advice.
13.6a. The client or customer accepts that due to the dyeing process they may see a shade difference between products of the same colour.
13.6b. The client or customer accepts that due to production we are unable to guarantee exact design positioning or replication of each design
13.7. Print and thread colours are not guaranteed to match clients or customers supplied artwork. A pre-production sample is available if in doubt.

14. General.

14.1. If these terms and conditions are 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 will be limited or eliminated to the minimum extent necessary so these terms and conditions will otherwise remain in full force and effect and enforceable.
14.2. These terms and conditions supersede before agreement between the parties whether written or oral under such prior agreements.
14.3. These terms and conditions will be governed and construed in accordance to the laws of England and the English Courts which have non-exclusive jurisdiction to decide any dispute in relation to these terms and conditions or the subject matter of these terms and conditions.
14.4. No waiver by the supplier of any breach of these terms and conditions by the client or customer is considered as a waiver of any subsequent breach of the same or any other provisions.
14.5. The acceptance and fulfillment of orders are on the basis that the client or customer has read, understood and accepted all these terms and conditions.

Workwear Wizard