Essex Embroidery & Print Terms & Conditions

For consumer transactions please refer to our Terms and Conditions - Consumer Transactions 

All non consumer transaction ie business, clubs and associations please refer to our Business Terms and Conditions below

Terms and Conditions - Business

1. Definitions

The following definitions are used in and form part of these terms and conditions of trading for customised goods and good specifically ordered for customers. In these terms and conditions:
1.1"The Supplier" shall mean Essex Emboidery and Print Ltd (trading as Blackjack Design)
1.2"Goods" and/or
1.3"Services" shall mean garments and other items supplied, whether embroidered, printed or not, by the supplier, to any third party, and shall include but not be limited to embroidery and print-only services of items which are the property of any third party.
1.4"The Customer" shall mean any third party to whom goods and services are supplied, have been supplied or are to be supplied.
1.5"Foreign Language" or "Foreign Languages" shall mean all languages which are not UK or US English.
1.6"Enquiry" or "Enquiries" shall mean any request for information from a third party to the supplier, whether or not that request results in an order.
1.7"The Order" or “An Order” shall mean confirmed requests for goods and services from a customer, for which, by placing the order, the customer has agreed to pay in full, within the time or times specified by the supplier.
1.8"Artwork" shall mean any image supplied by any third party to the supplier by physical or electronic means, from which the supplier is required to produce a stitch file.
1.9"Stitch File" shall mean a computer file produced using embroidery software, containing the electronic information necessary to produce an embroidery product.
1.10“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these Terms. They need not necessarily be taken to mean specifically an act in which goods or services are dispatched by post or other courier nor an act by which a customer visits the supplier’s premises.
1.11“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.
1.12“The Supplier Will/Shall Not Be Liable” shall mean that, to the fullest extent permitted at law the Supplier will not be liable for damages of any kind. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties.
1.13 For any items purchased on line please see Terms and Conditions attached to our on line site. 

2. Goods and Services

2.1. Supply of customised goods. The supplier shall, at his absolute discretion, obtain garments and other textiles which he will machine embroider, print and supply in accordance with orders placed by customers subject to the substitution clause in these terms.
2.2. Embroidery and print only services. The supplier shall, at his absolute discretion, supply machine embroidery and print services to customers who provide their own garments and other textiles for embroidery.
2.3. Unembroidered or unprinted goods. The supplier shall, at his absolute discretion, obtain and supply goods without embroidery and in accordance with Orders placed by customers, subject to the substitution clause in these terms.
2.4. Quality of supplied goods. The supplier endeavors to supply only goods from established and reputable sources, unless otherwise specified by the customer.
2.5. Customers’ own goods. Customers supply goods for embroidery and print entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of Essex Embroidery and Print Ltd.
2.6. Substitution. Essex Embroidery and Print Ltd does not normally carry stock; items are obtained to order. All items obtained by the supplier on behalf of the customer are subject to availability. The supplier reserves the right to substitute garments when those ordered are unavailable. Prices will be agreed between the supplier and the customer before any substitutions are made.
2.7. Delivery Times. The supplier completes all 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. Any likelihood of overrunning that period will be notified to the customer at the earliest possible time.
2.8. Special deadlines. The Supplier will endeavor 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 Acknowledgement of Artwork

3.1. Regardless of artwork, the ownership and copyright of all digitised designs and artworks provided by the supplier is asserted and remains with Essex Embroidery and Print Ltd. The ownership and copyright of the Client’s digitised designs and artwork remain with the Client.
3.2. The responsibility for ensuring that copyright and ownership laws are maintained in respect of all artwork supplied by the customer for inclusion in an order remains with the customer. To the fullest extent permitted at law the supplier shall not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.
3.3. The customer allows the supplier to use images all finished products and embroidery patterns and designs for the purposes of advertising and marketing the supplier's business. This shall include, but not be limited to publication of such images on the supplier’s website.

4. Orders and Ordering

4.1. The acceptance and fulfilment of orders are on the basis that the customer has read, understood and accepted all these terms and conditions.
4.2. The customer may make an order for goods from the supplier by email, postal, telephone,fax, or in person. The supplier will issue a confirmation of order with an appropriate order number. From the time an order is accepted and an order number issued, the customer is considered to have entered into a contract with the supplier, which is binding upon both parties.
4.3. The customer shall check the confirmation of order and notify the supplier of any errors or discrepancies at the earliest available opportunity. The supplier will not be liable where the customer has not, within a reasonable time, notified the supplier of errors or discrepancies in the confirmation.
4.4. The customer shall supply to the supplier all required artwork in either physical or electronic form at or before the time of the order.
4.5. Where artwork is supplied by post or other courier either on electronic or digital storage device, or in physical form, items are submitted entirely at the customer's own risk. No responsibility can be accepted by the supplier for loss or damage to such items, however caused. Additionally, the supplier shall not be liable for damages arising from the loss or damage to any item supplied by email.
4.6. The customer is responsible for ensuring the accuracy of the order. By placing an order for goods and services the customer shall be deemed to have accepted and agreed to be legally bound by these terms and conditions according to 4.1 above.

5. Acceptance of Orders

5.1. The supplier will normally accept orders for goods and services but reserves the right to refuse to accept any order on any grounds whatsoever without assigning a reason.  

6. Catalogue(s)

6.1. Any and all statements, terms, prices and other information shown in catalogue(s) and price list(s) and/or merchandising provided by the supplier form part of these terms and conditions unless otherwise stated. Any part of any catalogue, price list or merchandising supplied by Essex Emboidery and Print Ltd. may be varied from time to time at the supplier's absolute discretion.

7. Supplementary Terms and Conditions

7.1. Any special Terms (including but not exclusively notifications of discounts and temporary or permanent variations and special terms for specific customers or groups) form part of these terms and conditions, regardless of whether or not they are included herein. These terms and conditions may be quoted in whole or in part as part of any supplementary terms and conditions.

8. Prices and Payment

8.1. All prices are quoted exclusive of VAT
8.2.  Prices. Any and all prices and other information shown in the suppliers catalogue, price list and/or merchandising form part of these terms and conditions unless otherwise stated. The supplier reserves the right to vary prices without notice at his absolute discretion. Where a price has been varied following the issue of a quotation, the supplier will notify the customer as soon as possible.
8.3. Quotations. Validity of quotations is at the supplier’s absolute discretion and may vary from quote to quote. The validity of any written quote will be shown clearly on that quote.
8.4. Estimates. The supplier may offer informal costing estimates from time to time, either verbally or in writing, but these are not binding upon any party in any way and are not the same as quotations.
8.5. Payment Terms. Payment terms are normally payment with order. At his absolute discretion, the supplier may offer payment on delivery, payment on collection or 30 days credit.
8.6. Credit Terms. Credit terms are offered to customers at the supplier’s absolute discretion, but will normally be limited to business customers with whom the supplier has already dealt successfully. The period of credit is strictly 30 days, commencing with and including the date upon which an invoice is issued.
8.7. Overdue Accounts. Essex Embroidery and Print Ltd reserves the right to charge compound interest at 5% of the gross invoice value per month on overdue invoices, commencing on the 31st day following the invoice date. Essex Embroidery and Print Ltd will seek debt recovery by any legitimate and lawful means including, but not limited to, claims in the County Court and/or the employment of a licensed debt recovery agency.
8.8. Dishonoured Cheques. Essex Embroidery and Print Ltd reserves the right to charge a minimum administration fee of £25 for dishonoured cheques. This is the minimum charge and may vary, depending upon costs actually incurred by Essex Embroidery and Print Ltd. in recovering the debt.
8.9. Discounts. The supplier may, from time to time and at his absolute discretion, offer discounts based upon order quantity or for any other reason which the supplier may assign. Discounts are not a right of the customer and may be withdrawn at any time. Discounts are not negotiable. Initial setup and carriage charges are not included in discounts.
8.10. Trade Prices. The supplier may, at his absolute discretion, offer trade prices to business customers for whom he is undertaking sub-contract work, but are not available to other business customers who are end-users or consumers of the supplier’s products. These prices are negotiable at the time that sub-contract work is accepted and will normally be agreed in writing with the business customer before work is undertaken. Trade prices are subject to periodic review and re-negotiation. Trade prices offered to one business customer may not necessarily be the same as those offered to another.
8.11. Methods of Payment. The following methods of payment are accepted by Essex Embroidery and Print Ltd..
1a. Personal Cheque – Accepted only when made payable to Blackjack Design or Essex Embroidery and Print Ltd and when fully supported by a current, valid guarantee card which guarantees the entire amount on the cheque.
1b. Company-Type Cheques. Cheques from legitimate businesses and unincorporated organisations, made payable to Blackjack Design or Essex Embroidery and Print Ltd are accepted by arrangement.
1c. 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 account.
1d. Cash – when presented in person.
1e. On line via World Pay systems – details on application
2. Payment is accepted in GBP and Euros only.

9. Carriage (Shipping and Handling)

9.1. Charges. Carriage is normally charged according to weight and volumetric weight as designated by the carrier, unless otherwise arranged. The supplier reserves the right to add reasonable charges to cover the cost of packaging and the time taken to arrange shipment.
9.2. Method. Goods will normally be shipped via the most cost-effective route. Carriers may include, but not be limited to the Royal Mail or any other courier service. The supplier may also deliver goods personally by prior arrangement, for which a carriage charge will normally be levied.
9.3 Insurance and Claims. Goods will not normally be insured in transit below the value of £45 unless the customer specifically requests it. Costs of insurance, recorded delivery or registered post must be borne by the customer and will be included in the carriage charge. The supplier shall not be liable for claims arising from loss or damage to properly packaged goods in transit.

10. Returns.

10.1. The supplier always uses 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 during delivery. If the customer should discover (within 7 days of delivery) that an item is faulty, then the Supplier will replace the goods, subject always to the goods being returned for inspection prior to any replacement being made. To claim under this guarantee the customer must contact the supplier and obtain returns authorization. Once authorization has been obtained the customer should return the alleged faulty goods to the returns address given. The goods will then be inspected and if the alleged fault is found a replacement will be issued.
10.1.a. Returns of embroidered and printed goods are not accepted under any circumstances other than those described in sub-clause 11.1.
10.2. The guarantee detailed at sub-clause 13.1 is not relevant and does not exist where the customer has supplied their own garment(s) or other Substrate(s).
10.3. Every care is taken to ensure that all goods submitted for embroidery and printing by a customer are returned in the condition in which they were received. However, it should be understood that they will be subjected to a mechanical process during embroidery. Any and all items submitted to the supplier, which are the property of the customer or any third party on whose behalf the customer is acting, are submitted entirely at the customer’s own risk.
10.4. The supplier will not be liable for damages arising out of or in connection with the use of Essex Embroidery and Print Ltd., including use outlined at sub-clause 13.3
10.5. Sizing information provided by garment manufacturers is beyond the control of Essex Embroidery and Print Ltd and the supplier shall not be liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the Customer in their order. Essex Embroidery and Print Ltd. does not provide sizing advice.
10.6. The customer accepts that due to the dyeing process they may see a shade difference between products of the same colour.
10.7. Samples will only be credited if in their original packaging and in perfect condition. There is a 20% restocking fee + carriage cost to return to our distributor. Samples returned to be used in an order will be credited to their full value.
10.8. For the avoidance of doubt, where goods are sold under a consumer transaction the statutory rights of the customer are not affected by these Terms and Conditions.

11. Foundation of Contract and Specifications.

11.1. No contract will subsist between the supplier and customer for the sale of any goods unless and until the supplier accepts the order by e-mail, telephone, letter or other means.
11.2. Whilst the supplier makes every effort to ensure that any and all goods descriptions and illustrations supplied by him are accurate and current, the supplier is dependant upon the requirements of each individual customer. Completed goods may therefore differ slightly from advertised descriptions.
11.3. The supplier cannot guarantee product availability. Should goods ordered be temporarily unavailable the customer shall be notified of the delay in delivery and given the option to cancel the order. If the customer does not cancel the order, the customer shall be deemed to have accepted the new delivery date.
11.4. By placing an order for goods and/or services from the supplier, the Customer acknowledges 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.

12. General.

12.1. If any provision of these terms and conditions is 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 shall be limited or eliminated to the minimum extent necessary so these terms and conditions shall otherwise remain in full force and effect and enforceable.
12.2. These terms and conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
12.3. These terms and conditions shall be governed by and construed in accordance with the laws of England and the English Courts shall have non-exclusive jurisdiction to decide any dispute concerning these terms and conditions or the subject matter of these terms and conditions.
12.4. No waiver by the supplier of any breach of these terms and conditions by the customer shall be considered as a waiver of any subsequent breach of the same or any other provisions.

Website

Intellectual Property Rights

All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site are owned or controlled by or licensed to Essex Emboidery and Print Ltd Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without prior permission. You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of the site, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.

Registration

You guarantee that:

• The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the Personal Information by contacting us by by e-mail, or calling us on 01621 786686

You should not impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

• Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must cease using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.