Terms and Conditions

TERMS & CONDITIONS

Terms and Conditions of Business

1. Agreement

These conditions govern all contracts of the sale of printed/embroidered goods (hereafter referred to as ‘the goods’) and services between Cliviafashion (hereafter referred to as ‘the Company’ and any Customer (hereafter referred to as ‘the Customer’) of the goods and/or services. These terms can only be varied with the written consent of the Company.

2. Orders

All orders for the supply of goods placed by the Purchaser with the Company are irrevocable unless otherwise expressly stated in writing. A confirmed order may only be cancelled or varied with the Company’s written consent. Such consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation (including profit) for any loss or expense arising from such cancellation or variation of the original order.

3. Prices

The Company reserves the right to vary the price of the goods and other services from time to time. All prices for goods are quoted exclusive of taxes and duty unless otherwise stated. The Customer accepts that the goods will be invoiced at the price ruling at the date of dispatch. Quotes sent are valid for 2 weeks from the date sent.

4. Payment and Credit

Payment is due at the time of confirming the order. Credit may be extended on application to Government bodies only (i.e. Schools; NHS Trusts etc.) A credit check may be undertaken. Where a Customer has been granted credit, payment is due within 28 days of date of invoice unless otherwise agreed with the Company in writing. Interest will be charged by the Company to the Customer on all overdue sums at the rate of 4% above the Base Rate of Barclay’s Bank at that time, accruing daily (and such interest shall continue to be payable after any court judgement). The Company reserves the right to refuse to dispatch goods to a Customer whose credit account or payment is overdue. A charge of £20 will be made for each instance of a returned or non-presentable cheque.

5. Delivery and installation

The Company will use its best endeavours to deliver the goods on the required date for delivery but does not guarantee to do so. The Company shall, under no circumstances whatsoever, be liable to the Customer for any loss, damage or expenses, whether caused directly or indirectly, by or from any delay in the delivery of the goods. Over this value, delivery is made by an independent carrier.  Delivery to the carrier will be deemed as being delivered to the Customer. Claims for shortages or non-delivery must be supported by the carrier’s consignment or delivery note on which the goods have been signed and checked at the time of delivery. Notification of shortages or non-delivery must be made by telephone within 3 working days and in writing within 5 working days. Any loss or damage by the Customer after delivery is the sole responsibility of the Customer.

6. Specification

6.1 Absolute consistency of sizes (which are approximate “to fit” sizes), materials, proportions, colours and shades are not guaranteed by the company and are given as guidance only. Decoration positioning may vary between garments and exact positioning can not be guaranteed. Where large prints are placed on smaller shirts we can not guarantee complete straight print lines on these garments, this is due to the garments being removed from the platon and can usually be pulled back into shape. On occasions, repeat orders may find that the garment colour is slightly different to the previous order. We can not guarantee the exact ink colour unless a Pantone colour reference is supplied and even then we can not guarantee a 100% colour match. Cliviafashion Ltd cannot be held responsible for these changes

6.2 All artwork supplied by the Customer will be transferred on to a  template depicting the size and positioning of front and/or rear views. The Customer will be required to provide a thorough check including size positioning and spelling prior to any screen printing taking place. We will print your garment to match the proof..  Cliviafashion Ltd cannot be held responsible for any errors including spelling mistakes which are identified in the artwork after the Customer has given their approval and screen printing has commenced.

6.3 All textile goods must be washed and cleaned strictly in accordance with the washing label instructions attached to the goods. The company reserves the right to alter or amend specifications without prior notice.

6.4 Inks used during the textile printing process will inevitably fade over time. The speed at which they fade will be dependent on many factors including washing temperature, number of washes, exposure to sunlight etc. Therefore Cliviafashion Ltd cannot be held responsible for fading ink colour(s) during use this is usually most noticeable with black ink.

7. Supplied Garments

All garments supplied by Cliviafashion Ltd have undergone rigorous testing for their stability throughout the process of screen-printing and embroidery as well as their overall quality. All garments supplied by Cliviafashion Ltd are guaranteed to be processed successfully without damage. Cliviafashion Ltd cannot be held responsible for damage or loss which occurs to garments which have been supplied by the customer. Examples of damage may include, but not be limited to, the garments changing colour or shape due to heat, or damage caused by machinery malfunction.

8. Claims against the Company

All claims in respect of goods alleged to be defective and/or missing must be made in writing within 7 days from the date of delivery.

9. Set-off and Lien

No payments may be withheld and any counterclaims by the Customer may not be set-off against any payment due under this or any other contract. The Company shall have a general and particular lien on all money and property which the Customer owns or is entitled to possess which is in the possession of the Company or its agents which it may sell as the Customers agent to reduce the Customers debt to the company.

10. Force Majeure

The company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the Company or of the Company’s suppliers or due to labour disputes.

11. Ownership of Goods

Property of any goods supplied to the Customer will not pass to the Customer until the goods are paid for in full by the Customer. Further, title to such goods shall not pass until payment to the Company of all amounts owing to it by the Customer on any account whatsoever. The Company has the right to recover from the Customer the cost of installation, removal, return transport and diminution in value of any such goods not paid for in full. If prior to making payment to the Company, the Customer contracts to sell the goods to a third party, the title to such goods and the payment liability shall remain with the Customer.

12. Cancellations

The company reserves the right to refuse cancellations of confirmed orders placed by the Customer, and refuse acceptance of goods returned to the Company without permission. The Company does not trade on a ‘sale or return basis. All costs which are the result of the cancellation of a confirmed order will be borne by the Customer.

13. Intellectual Property Rights

The Customer will indemnify the Company from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.

14. Rectification of these Terms

If any of these terms, or any part of these terms, is unenforceable or void in law, it shall not affect the remainder of such terms or any other such term or otherwise affect the contract and shall be replaced by such valid term as is near as may be in effect to the original term.

15. Jurisdiction

All contracts between the Company and the Customers shall be governed by the laws of England and Wales. Any disputes arising there from shall be the subject to the jurisdiction of the English courts.