GENERAL TERMS OF SALE
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
We may refuse to accept an order:
(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.
(f) If the order for personalised products contains reference to any programme judge, host, artist or any matter or person identified by external licensing agreements or deemed to be in breach of copyright laws.
(g) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(h) If we believe your order is for commercial or other non-domestic concerns.
(A) All quotations are given and all orders are accepted on these terms which supersede any other terms appearing in the Seller’s catalogue or elsewhere, and shall override and exclude any other terms stipulated or incorporated or referred to by the Buyer, whether in the order or in any negotiations, and any course of dealing established between the Seller and the Buyer. All orders hereafter made by the Buyer shall be deemed to be made subject to these terms.
(B) The Buyer acknowledges that there are no representations outside these terms which have induced him to enter into the contract (which expression shall include any contract of which these terms form part)
(C) No modifications of these terms shall be effective unless made by an express written agreement between the parties. The signing by the Seller of any of the Buyer’s documentation shall not imply any modifications of these terms.
Quotations are subject to withdrawal at any time before receipt of an unqualified order from the Buyer and shall be deemed to be withdrawn unless so accepted within 30 days from their date.
3. THE GOODS
All descriptions and illustrations contained in the Seller’s catalogues price lists and advertisements or otherwise communicated to the Buyer are intended merely to present a general idea of the Goods described therein, and nothing contained in any of them shall form part of the contract.
4. PERSONALISATION OF GOODS
(A) By uploading or submitting Artwork on the PERSONALISE ONLINE Website You grant Us a licence, at no cost, to use, reproduce, adapt, and publicise that Artwork (and allow any third party who assists Us to do so too) for the purpose of performing Our obligations and exercising Our rights under the Contract and to enable us to advertise Our Products and services to the public. Please note that this includes the right to modify the Artwork in order to conform it to the requirements of the Product You have ordered.
(B) You will have no rights in the digitalised Artwork files which we create when You upload or submit Artwork on to the PERSONALISE ONLINE Website. These files are created purely to enable Us to apply the Artwork to Products (i.e. they contain print or embroidery patterns) and We will not use the Artwork files except to the extent required to comply with Our obligations to You under the Contract. We will own all rights in such Artwork files and You have no rights or interests in such files.
(C)We will endeavour to reproduce the colours of the Artwork with the print colours / embroidery cotton colours on the Products as closely as possible. We will choose the closest colour match possible but We are unable to guarantee that the colours will be an exact reproduction of the Artwork. All personalisation of Products ("Personalisations") are completed by hand. As such, We will endeavour to position the Artwork on the Product exactly as You have designed it on the PERSONALISE ONLINE Website but We are unable to guarantee that the positioning will be an exact reproduction of Your Product design. You will not be able to reject or return Products on these grounds except to the extent that You feel that the Product no longer materially conforms to its Description in accordance with clause 8.
(D) Where You choose to personalise a Product with Artwork, the quality of the Personalisation will be dependent on the quality of the Artwork We receive. Images may be uploaded in jpeg, jpg, gif, bmp, ai, eps, ps, pdf, png, psd, svg, tiff and tif format. Any other format such as Word documents cannot be accepted. The maximum upload size is 50mb. We recommend that all Artwork is at least 300 DPI (Dots Per Inch) but We will endeavour to contact You if We feel that the Artwork quality would not give a good end result. If We do so, You will be given the opportunity to upload/submit a new version of the Artwork or to confirm that You are happy for Us to proceed with the original Artwork. If We cannot contact You, We may proceed with Your order, or wait until We receive a response from You (at Our discretion). We will not be responsible and/or liable where the Artwork is poor quality and therefore the end Product (so far as the reproduction of the Artwork is concerned) is not of a high standard, regardless of whether We have contacted You or not. You will not be able to reject or return Products on the basis of the quality of the Personalisation where the Artwork You uploaded or submitted to Us was not of satisfactory quality.
(E) We use several print processes for Personalisation (e.g. DTG printing, vinyl printing and screen printing). We will decide the most appropriate print process for Your order based on Your Artwork and the Product ordered (as the results produced by the different print processes vary depending on the material they are used on) and You will have no right to reject the Products on the basis of the print process used.
(F) We aim to provide You with a quick, high-quality personalisation service. Please double-check Your order on screen to ensure that all the details are correct before submitting Your order as once it has been submitted, You will be unable to make changes. It is up to You to ensure that any material You have uploaded/submitted for inclusion on a Product is correct, and (for example) spelt correctly. If You notice a mistake with Your order in Your acknowledgement email, You can contact Us on 020 3137 1374but We cannot guarantee that We will be able to amend Your order at this stage.
5. THE PRICE
The Seller reserves the right to increase the price of the Goods ordered before delivery by such amount as they deem necessary to cover any increase which may have arisen in the cost to the Seller of manufacturing or acquiring or delivering the Goods or due to currency fluctuation.
Under the United Kingdom's Distance Selling Regulations you have the right to cancel your order for any item purchased from www.personaliseonline.co.uk for a full refund.
Orders requiring personalisation must be cancelled within 24 hours of placement of such order, cancellations must be made in writing, quoting your order number.
Orders requiring personalisation and have been requested and paid for on a 24 hours delivery will deem to have no cancellation period.
If you wish to cancel your order you can notify us by email to firstname.lastname@example.org or by telephone (020 3144 3050) before we have dispatched the goods to you or
Where goods have already been dispatched to you, the goods must be returned to us in accordance with the 'Return or exchange an item' section below.
The Buyer may not cancel the order without the consent of the Seller which if given shall be deemed to be on the express condition that the Buyer shall indemnify the Seller against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
We reserve the right to cancel your order at any time and issue a full refund.
The provisions of this clause do not affect your statutory rights.
Unless otherwise stipulated by the Seller, the Goods are sold subject to payment against invoice.
Payment shall be settled in accordance with the agreed terms
Payments can be made by cheque, BACS/TT/Chaps and credit cards. Bank details for BACS/TT/Chaps payments are shown below:
Sterling A/C: 83487326; Sort Code :20-77-67
When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
(A) The Seller reserves the right to charge interest on a daily basis from the date payment is due until the date payment is received. The basis of the interest will be 3% above National Westminster Bank plc Base Rate from time to time in force unless otherwise superseded by the rate stated on the face of the invoice.
(B) All costs incurred in recovering overdue debts including, without limitation, legal expenses will be payable by the Buyer.
(C)The Seller may terminate an order and/or withhold further supplies in the event of amounts payable being overdue, breach of any of these Terms of Sale or any other reason which at the discretion of the Seller warrants such action.
(A) All delivery dates are estimates only and the time of delivery shall not be the essence of the contract
(B) The Seller shall be entitled to deliver the Goods in one or more consignments otherwise expressly agreed.
(C) Where the Goods are delivered in one or more consignments, each consignment is treated as a separate delivery.
(D) Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
(E) The Seller shall not be liable for any loss of any kind to the Buyer arising from any damage to the Goods occurring after the risk has passed to the Buyer however caused, nor shall any liability of the Buyer to the Seller be diminished by reason of such loss.
(F) The Seller shall not be responsible for strikes, lock- outs or force majeur.
(G) Missing parcels where confirmation of delivery has been given must been reported to the Seller within 48 hours of the confirmed delivery date.
10. PASSING OF RISK AND PROPERTY
(A)Risk of loss or damage to the Goods shall pass to the Buyer from the time of delivery.
(B)The property in the Goods shall not pass to the Buyer until all sums from time to time owing by the Buyer to the Seller have been paid, and until payment of all such sums, the Seller shall remain the owner of the Goods.
(C) Such sums shall not be treated as paid until all cheques, bills of exchange or other instruments of payment given by the Buyer have been met on presentation or otherwise honoured in accordance with their terms. The Seller may sue for the whole of the price of any Goods delivered at any time after such instruments have become payable.
(D) Until the passing of property under clause 9(B) above, the Buyer shall be the bailee of the Goods for the Seller and shall keep the Goods in its possession and control, intact and in good condition
(E) In the event of any sale or other disposition of the Goods by the Buyer, the Buyer shall hold on trust for the Seller:-
(a) If the Goods have not been mixed with or incorporated into other goods, the whole of the proceeds of sale: or
(b) If the Goods have been mixed with or incorporated into other goods, a just proportion of the proceeds of sale.
(E) The Buyer shall not pledge the Goods or documents of title thereto, or allow any lien to arise thereon, or process or deal with the Goods other then in the ordinary course of the Buyer’s business, and shall not hold itself out as the Seller’s agent in respect of them
(F) If the Buyer defaults in the punctual payment of any sum owing to the Seller then the Seller shall be entitled to the immediate return of all Goods sold by the Seller to the Buyer (or the documents of title thereto) in which the property has not passed to the Buyer, and the Buyer hereby authorises the Seller to recover the Goods or documents and to enter any premises of the Buyer for that purpose. Demand for or recovery of the Goods or documents by the Seller shall not of itself discharge either the Buyer’s liability to pay the whole of the price and take delivery of the Goods or the Seller’s right to sue for the whole of the price and for the avoidance of doubt all monies then outstanding shall be immediately due in respect of Goods already supplied notwithstanding any credit period mentioned in the payment terms referred to in this document.
11. INSPECTION OF GOODS
(A) The Buyer shall inspect the Goods immediately on delivery thereof and shall within three days from such delivery give notice to the Seller of any matter or thing by reason whereof the Buyer may allege that the Goods are not in accordance with the order. If the Buyer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be deemed to have accepted the Goods accordingly.
(B) Pending settlement of claims, bulk shall not be broken without the written permission of the Sellers.
(C) If the Goods are lost or damaged in transit and the Buyer so notifies the Seller two clear days before notice is required to be given to the carrier of the loss or damage then the Seller will, without undertaking any liability, notify the carrier on the Buyer’s behalf of the Claim.
The Buyer shall accept Goods whose specification has been modified since the date of order provided that such Goods substantially conform (in Seller’s reasonable opinion) with the order and the modification does not materially affect the performance of the Goods.
13. DEFECTS AFTER DELIVERY
(A) The Seller will use all reasonable endeavours to procure for the Buyer the benefits of such warrants and other rights as are conferred on the Seller in relation to defects in such part or parts of the Goods as are not of the Seller’s manufacture by the terms of the Seller’s agreement with the suppliers of the Goods.
(B) The Seller’s liability under this clause shall be in lieu and to the exclusion of any warranty, condition or liability implied by common law or statue in respect of the quality or fitness for any particular purpose of the Goods ( notwithstanding any advice or representation by the Buyer, all liability in respect of which, howsoever arising, is expressly excluded) and save as provided in this clause, the Seller shall not be under any liability , whether in contract , tort or otherwise, in respect of defects in the Goods or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defect or from any work done in connection therewith (except in the case of death or personal injury resulting from our negligence).
(A) All orders placed by the Buyer whether accepted or not shall terminate forthwith if an order is made for bankruptcy or an effective resolution is passed for the winding-up of the Buyer or if the Buyer is unable to pay its debts within the meaning of Section123 of the Insolvency Act 1986 or any statutory re-enactment or modification thereof, or makes a composition with creditors or if a supervisor, receiver, administrator, administrative receiver or other encumbrancer takes possession of or is appointed over the whole or any part of the assets of the Buyer.
(B) The Seller reserves the right to terminate an order with the Buyer at any time if trading terms and conditions are violated by the Buyer.
(C) Termination of this order shall not affect any rights or obligations of the parties hereto arising prior to such termination.
The Buyer shall not assign any benefit under the contract without the consent in writing of the Seller, which may if given, be on such terms as to guarantee or indemnify or otherwise as the Seller thinks fit.
16. PROPER LAW
The Contract shall be governed by and construed in accordance with English Law, and the Buyer submits to the jurisdiction of the High Court of Justice in London but the Seller may enforce the contact in any part of the world.
Any notice given under or pursuant to the contract may be sent by hand or by post or by registered post or by recorded delivery service or transmitted by telex, telegram or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of transmission it would first be received by the addressee in normal business hours