GENERAL T&C’s FOR UNIFORM MONSTER
My Business Workwear and Mybusinessworkwear.co.uk are trading styles of Uniform Monster (Northampton) Ltd, registered in England & Wales number 10348272. Head office: 9 Coppice Drive, Northampton, NN3 6ND, United Kingdom.
TERMS AND CONDITIONS
The following terms and conditions apply to all orders placed with Uniform Monster and for the remainder of these Terms and Conditions be referred to as UM. The individual, company or organisation placing an order with UM will for the remainder of these Terms and Conditions be referred to as the Customer.
UM will treat each order for goods as an offer by the customer to purchase the goods subject to these terms and conditions in full. By ordering any products from UM, the Customer agrees to be bound by these Terms and Conditions.
The MBW e-commerce website is intended for use only by individuals, companies and organisations resident in the United Kingdom. UM does not accept orders through their website that are required for delivery outside of the United Kingdom unless otherwise agreed.
UM will not tolerate threatening behaviour from its customers to its staff or associated business partners and UM reserves the right to deem what is an acceptable behaviour to its staff and partners. If a customer’s behaviour is deemed to be of a threatening manner or is to a nature where UM feels it cannot continue its business relationship with the customer then the contract between both parties shall be ceased with immediate effect with all reasons behind UM’s decision sent to the customer in writing within 48 hours of their decision. UM shall not be liable for any losses, costs, damages, or expenses incurred by the Customer, arising from UM having to cease its contract with the customer due to their behaviour.
By placing an order with UM, the Customer warrants that a. The Customer is legally capable of entering into binding contracts. b. The Customer is at least 18 years old. c. The Customer is resident in the United Kingdom
The customer order constitutes an offer to UM to buy a product. All orders are subject to acceptance by UM. Acceptance of the Customer order by UM will constitute a contract for the supply of the product by UM to the Customer. Should UM decide not to accept an order, UM will notify the Customer by email, phone call or in writing within 48 hours of order placement and no legally binding contract between UM and the customer will be informed. A contract is only formed if payment in full for non account holders has been made or “on account” for customers with payment terms agreed. The customer will not have any right to cancel a contract for the supply of any personalised orders, including the production of artwork or logo sew-outs because the cancellation rights do not apply to the sale of custom-made articles or goods made to a consumer’s specification.
UM will send invoices by email or post. By placing an order, the customer agrees to this form of invoicing. Payment will be made by the customer at the time of placing an order unless otherwise agreed by UM. All payments will be due regardless of whether and when an invoice is issued.
Customer Accounts: UM shall send your invoice on dispatch of your goods and your terms of account shall commence from this day. Goods shall be delivered directly to the customer’s premises only as agreed when you open your account with us.
Website Customers: UM requires FULL PAYMENT of any order before the order will be processed unless otherwise agreed by UM. Payment through any UM website must be made by Credit / Debit Card or PayPal / Stripe unless otherwise agreed by UM. UM will not accept payment by cheque. No jobs will commence until payment is received in full, unless otherwise agreed and will not be delivered until all funds are cleared to the UM bank account.
Payments accepted: Debit/Credit Cards or BACS
Any delivery times shown on the UM website, emailed or discussed directly with the client are estimations only.
Turnaround of orders: UM aims to work on a 7 – 10 working day delivery process on all branded orders and 48 /72 hours dispatch time on unbranded items. These turnaround times are subject to products being in stock and or available from our suppliers.
Orders are dispatched using Royal Mail, DPD, UPS and My Hermes couriers, subject to their service being available.
Although UM will use its best endeavours to ensure that any order is delivered on time, UM shall not be liable for any losses, costs, damages, or expenses incurred by the customer arising directly or indirectly out of any failure to meet any estimated delivery date.
UM shall not be under any liability whatsoever in the event that they are prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond their control. Deliveries take place to an address specified by the customer at the time of order or when on account to the customers office or place of regular work. On occasions where goods fail to be delivered to the customer due to an error by UM, UM may consider a reprint or partial refund of that order. UM solely reserves the right to make this decision on an individual customer basis.
Once UM dispatches the customers order to either the courier hub or drop-off point, UM has met its contract to the customer. We cannot be held responsible for any delay that comes from a third party courier.
SWATCHES / PRINT DATA AND OBLIGATIONS TO CHECK IT
Where artwork/print data is supplied by the Customer, UM will carry out all orders solely on the basis of the print data supplied. UM will not accept any liability for any errors within the artwork and/or defects to an order if the artwork does not exactly meet UM artwork specifications regarding file type, colour mode, format, size, colour saturation, bleed and other criteria, particularly relating to specific product types. These specifications can be provided on request. The customer should check all aspects of the print data to determine whether it is suitable for the order and meets the stated UM specification before sending it to UM.
UM will not check the print data. It is on the Customer’s authority that an order goes to print and the customer alone will bear the risk of any errors in the printed products owing to incorrect data supplied. All costs incurred will be payable by the customer.
Where UM is contracted as part of the order to create and supply artwork, digital proofs in the form of PDF or JPEG files will be supplied by email so the customer can check personally that the design, layout and content of the artwork for the order is as specified and is correct in all areas before proceeding to print. In the case of customers present in our head office or shop premises, printed proofs will be shown if UM deem this necessary and sign off will be required. Proofs should be checked carefully, as UM is unable to accept any liability for errors and/or omissions once proofs are approved. Please note that colours shown on PDF digital proofs are for guidance only and do not represent the exact colours that will be used in the final printing process. UM cannot proceed with the customer order without written acceptance of proofs by the customer. Written acceptance of proofs must be given by replying to the email sent by UM that contains the proofs as an attachment(s) and or completing a signed “Artwork Sign Off” form In certain circumstances, for example large file size, PDF proofs may be sent separately from the UM email, which will carry the PDF proof(s) filename(s) as a linked reference. Reply to the UM email will be deemed as customer acceptance of the proof.
UM liability for any product purchased through the UM website is strictly limited to the purchase price of that Product. This does not include or limit in any way UM’s liability: a. For death or personal injury caused by UM’s negligence b. Under section 2 (3) of the Consumer Protection Act 1987 c. For fraud or fraudulent misrepresentation d. For any matter for which it would be illegal for UM to exclude, or attempt to exclude, its liability. If the supplied goods are defective or lack specified qualities or are not correct to proof, UM, at its discretion, will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. UM will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods. UM, at its discretion, may offer a refund strictly limited to a maximum value of the purchase price of the product If part of the delivery has defects, this will not authorise the customer to object to the entire supply of goods. UM can accept no responsibility for loss or damage arising from the supply of goods under this contract unless the customer has fully complied with the UM Notification of Claims Procedure which is available on the UM website. Nothing in these terms and conditions shall affect the statutory rights of a consumer.
Personal data (for example name, company name, address, contact details) provided by the Customer to UM will be used for the processing and fulfilment of the contract and will be retained within the UM invoicing system. Data will be given only to third party companies used by UM solely for the processing and fulfilment of the contract as far as this is necessary for the delivery of the goods. No payment details are held by UM or third party companies beyond the completion of the contract on the UM website or as a shop customer.
By placing an order with UM, UM will use the Customer email address to provide information on UM products and product offers. The Customer is entitled to withdraw agreement at any time. If the Customer has any questions concerning data protection, UM can be contacted by email, by telephone or in writing using the contact details supplied on the UM website or by calling our team on 01604 580619 or by emailing using our contact form. UM Products will be created solely on the basis of the Customer’s content-related stipulations in the print data that has been sent. UM has no influence on the contents of the printed Products. The Customer represents that the Customer has all rights to use, disseminate and publish the data the Customer has sent, in particular with regard to text and photographic material. The Customer is liable for ensuring that the data supplied by the Customer does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. The Customer will indemnify UM without reservation if claims are asserted against UM due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by The Customer.
Defects in delivered goods must be reported to UM within 48 hours of receipt. Photographs of the product and packaging must be supplied by the Customer at the time of notifying a complaint. Samples of the product must be supplied to us to allow UM to see the issue(s) reported. UM reserves the right to deem this product to be of satisfactory quality, and therefore this order is to be accepted. Complaints made solely because The Customer has failed to heed the information on requirements for the print data will not be accepted. Slight deviations in colour will not be regarded as defects. If the Customer finds a defect with printed goods supplied to the Customer, for which UM accepts responsibility, UM reserves the right to reprint. Only when a reprint is deemed unsuitable by UM will UM offer a refund or credit to the Customer’s next order. UM reserves the right to solely decide whether a printed product is of suitable quality. If any order has been used, in whole or in part, UM reserves the right to deem this order as acceptable and no refund or reprint will be issued.
EVENTS OUTSIDE OUR CONTROL
UM will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event included). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of UM and includes in particular (without limitation) the following: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. The acts, decrees, legislation, regulations or restrictions of any government. g. The delay with machinery breakdowns that directly stop the production of any order(s)
The performance of UM under any contract is deemed to be suspended for the period that the event continues, and it will have an extension of time for performance for the duration of that period. UM will use its reasonable endeavours to bring the event to a close or to find a solution by which its obligations under the Contract may be performed despite the event.
If UM fails, at any time during the term of a contract, to insist upon strict performance of any of the Customer’s obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the Customer from compliance with such obligations. A waiver by UM of any default will not constitute a waiver of any subsequent default. No waiver by UM of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
If any of these terms and conditions, or any provisions of a Contract, are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, they will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between UM and the Customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between UM and the Customer, whether oral or in writing. UM and the Customer both acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between UM prior to such Contract except as expressly stated in these terms and conditions. Neither of the parties will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy will be for breach of contract as provided in these terms and conditions.
RIGHT TO VARY THESE TERMS AND CONDITIONS
UM has the right to revise and amend these terms and conditions from time to time and at the time of their choosing. The Customer will be subject to the policies and terms and conditions in force at the time that the Customer orders products from UM, unless any change to these policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Customer), or if UM notifies the Customer of the change to these policies or these terms and conditions before UM sends the Customer the Invoice in which case UM has the right to assume that the Customer has accepted the change to the terms and conditions.
LAW AND JURISDICTION
Contracts for the purchase of products placed with UM will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the nonexclusive jurisdiction of the English courts