The following Terms & Conditions supersede any previous Terms & Conditions and apply to the use of the Sewing Solutions website and to all orders that are placed with and accepted by Sewing Solutions, however they are placed. By placing an order with Sewing Solutions, you agree to these Terms & Conditions.
Within these Terms & Conditions, the terms “we” “us” and “our” refer to Sewing Solutions 2 Ltd and the term “you” and “your” refers to the Customer whether an individual, a company, a company buyer or a partnership.
These Conditions apply to the Contract to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The following definitions apply within these Terms & Conditions:
|Supplier:||Sewing Solutions 2 Ltd, (registered in Northern Ireland with Company No NI 660 329) trading as Sewing Solutions.|
|Customer:||Any person, company, partnership or buyer purchasing the Goods from the Supplier on behalf of themselves, another individual(s), a business, sole trader, charity, corporation, education establishment or organisation for re-sale or use by a team, organisation, choir, school, charity, etc.|
|Goods:||Any items set out in an Order by the Customer to the Supplier.|
|Order:||A commission by the Customer to purchase Goods from the Supplier using the ordering processes provided by the Supplier.|
|Specification:||Details of the Goods for sale as shown on the Suppliers’ website.|
|Contract:||The agreement between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions. Any photographs, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained on the Supplier's website are produced for the sole purpose of giving an approximate illustration of the Goods described in them. They shall not form part of the Contract or have any contractual force.|
|Working Day:||A day (other than a Saturday, Sunday or public holiday) when banks in Northern Ireland are open for business.|
TERMS & CONDITIONS
a) We reserve the right to change the website content, to modify or withdraw products without notice.
b) We take all reasonable precautions to ensure the accuracy of details on our website. We cannot guarantee that the website will be completely free from errors or omissions.
a) When placing an order, you guarantee that the details of your order are correct in terms of specific garment, numbers of garments, size, colour and customisation.
b) We accept no liability for any issues regarding the sizing of Goods. A Samples service is available to facilitate accurate ordering of garments.
c) All orders are subject to acceptance and product availability.
d) We will not accept the return of goods that you have, or have had, customised or modified in any way.
a) All prices on our website are shown in Pounds Sterling (£) and are correct at the time of publication on our website.
b) We reserve the right to modify the price of any product at any time.
a) A quotation provided for Goods shall not constitute an offer. A quotation shall only be valid for a period of 30 Working Days from its date of issue.
a) A delivery note will accompany the Goods delivered. This will include all the relevant reference numbers, supplier & customer addresses, details of the goods and any special instructions.
b) We may deliver the Goods by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
c) The delivery period stated within which you will receive your order is approximate. We will always endeavour to make prompt delivery but, from time to time, external factors may cause a delay. However, in the unlikely event of a delay, we will advise you as soon as possible.
d) Delivery of the goods shall be completed on the Goods’ arrival at the delivery address you provided. Goods will be sent to the address given by you in your order. If you need to change the delivery address, you must advise us in writing at least 2 working days before the due delivery date.
e) We will not be liable for any delay caused by your failure to provide adequate delivery instructions or any other instructions relevant to the delivery of the Goods.
f) If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
g) Neither we nor you shall be liable for any delay in the dispatch of the Goods that is caused by a Force Majeure event; that is, any event beyond our or your reasonable control which could not have been foreseen, or was unavoidable – including strikes, lock-outs or other industrial disputes involving the supplier or third parties, or a failure involving energy resources or transport, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
h) If we fail to deliver the goods for any reason other than one which is caused by a Force Majeure Event, our liability shall be limited to the reasonable costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the goods not delivered.
i) If you fail to take or accept delivery of the Goods within 3 working days of us attempting to deliver the Goods, then, except where the failure or delay is caused by a Force Majeure Event or our failure to comply with our obligations under the Contract:
i. delivery of the Goods shall be deemed to have been completed at 9.00 am on the third working day after the day on which we first attempted to deliver the Goods; and
ii. We shall store the Goods until delivery takes place and shall charge you for all related costs and expenses including insurance.
j) If you fail to take or accept delivery of the Goods within 10 working days of us attempting to delivery the Goods, we:
i. may resell the Goods or dispose of all or part of the Goods; and
ii. shall, after deducting reasonable storage and selling costs either:
- credit to you any amount over the price of the Goods; or
- charge you for any amount below the price of the Goods.
6. Title (ownership) & Risk
a) Risk in relation to the Goods shall pass to you on completion of delivery.
b) Title of the Goods shall not pass to you until you have made payment in full (in cash or cleared funds) to us for all Goods for which payment has become due.
c) Until title to the Goods have passed to you, you shall:
i. store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
ii. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
iii. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
iv. notify us immediately if you become subject to any of the events listed in clause 8(a); and
v. give us such information relating to the Goods as we may require from time to time.
d) If, before title to the Goods passes to you, you become subject to any of the events listed in Clause 8(a), then, without limiting any other right or remedy, we may at any time:
i. require you to deliver up all Goods in your possession which have not been resold, or irrevocably incorporated into another product; and
ii. if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
7. Price & Payment
a) The price of the Goods shall be the price specified on our website on the date of order of the Goods, subject to any promotional discounts or tired accounts as agreed with or on behalf of the Supplier.
b) We may, without notice, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
i. any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
ii. any request by you to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
iii. any delay caused by your instructions or your failure to give us adequate or accurate information or instructions.
iv. any increase in operating costs or costs of the Goods.
c) The price of the Goods excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to you at time of purchase unless the Order is valid for a FREE promotional delivery discount. Details listed on our website which may vary from time to time.
d) The price of the Goods excludes VAT unless you choose the VAT inclusive option when purchasing. You shall pay us additional amounts in respect of VAT as are chargeable on the supply of the Goods at CheckOut.
e) Customers without a credit account are required to pay the invoice in full and in cleared funds in advance by PayPal, debit/credit card, bank transfer or sterling cheque. Returned cheques are charged at £35.00 GBP to cover bank administration costs.
f) If you wish to make a payment by Bank transfer from overseas, you should call us on (028) 90 749719 or email firstname.lastname@example.org for IBAN and BIC numbers which must be used when sending your payment. All payments must be in Sterling. When transferring monies, you should ensure that we receive the FULL amount requested in settlement of Customer Order confirmation/invoice. Your order will not be shipped until the full amount is paid. You are responsible for any additional bank charges applied by that bank. You should make this clear to that bank when organising the transfer.
g) You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may, at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
8. Termination & Suspension
a) We may terminate the Contract with immediate effect by giving written notice to you, if you become subject to any of the following events:
i. you suspend, or threaten to suspend, payment of your debts; or
ii. you are unable to pay your debts as they fall due or admit inability to pay your debts; or
iii. you (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986; or
iv. you (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of Section 268 of the Insolvency Act 1986; or
v. you (being a partnership) have any partner to whom any of the foregoing apply;
vi. you commence negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than (where you are a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of you, the Customer, with one or more other companies or the solvent reconstruction of, you, the Customer;
vii. you (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of you, the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of you, the Customer, with one or more other companies or the solvent reconstruction of you, the Customer;
viii. you (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
ix. you (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
x. a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
xi. you (being an individual) are the subject of a bankruptcy petition or order;
xii. any of your creditors or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
xiii. any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 8(a);
xiv. you suspend, threaten to suspends, cease or threaten to cease to carry on all or a substantial part of your business;
xv. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
xvi. you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or you become a patient under any mental health legislation.
b) Without limiting our other rights or remedies, we may suspend provision of the Goods under the Contract or any other contract between you and us if you become subject to any of the events listed in Clause 8 (a) (i-xvi) above or if we reasonably believe that you are to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
c) On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
d) Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
e) Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
9. Claims & Returns Policy and Procedure
a) You shall inspect the Goods immediately upon delivery or deemed delivery and you shall within 3 days of delivery (and time shall be of the essence) notify us in writing of any matter or thing by reason whereof you allege that the goods are not in accordance with the Contract. If you fail to notify us within the stated, the Goods shall be deemed to be in all respects in accordance with the contract and you shall be deemed to have accepted the Goods.
b) As a Consumer, you have 14 days from the day after receiving your order in full to notify us in writing that you wish to send them back to us for a full refund. If you fail to notify us within the stated time frame, the Goods shall be deemed to be in all respects in accordance with the contract and you shall be deemed to have accepted the Goods.
c) Once we have agreed to the return of the Goods (see 9 (d-h below), the Goods must be received by us within the next 14 days. If we have not received the Goods within the stated time frame, the Goods shall be deemed to be in all respects in accordance with the contract and you shall be deemed to have accepted the Goods.
d) The return of any Goods will not be accepted by us unless we have had the opportunity to consider your reasons for wishing to return the Goods
e) No exchanges will be given.
f) Our responsibility is strictly limited to Goods supplied by us.
g) As a Business-to-Business Customer, all Delivery Charges are non-refundable.
h) As a Consumer, Standard Rate Only Delivery Charges will be refunded.
i) Returns are subject to the following conditions being met:-
i. A returns authorisation note must be obtained prior to return of Goods within 14 days of receipt of delivery of goods.
ii. You must return all goods in their original condition and packaging in a suitable state for resale.
iii. Goods must be returned within 14 days of receiving the “returns authorisation note.
iv. Return postage is at your expense.
v. We will not take any responsibility for any variation in shade, material or composition shown on our website. We have the right to refuse to accept a return or a cancelled order for any reason, and as such you are responsible for all costs and the value of all goods deemed non-returnable for any reason.
vi. Returns of Goods for Replacement or Refund will not be authorised if the Goods h have been customised or altered in any way.
10. Limitation of Liability
a) Nothing in these Conditions shall limit or exclude our liability for:
i. death or personal injury caused by its negligence, or the negligence of our employees, agents or subcontractors (as applicable);
ii. fraud or fraudulent misrepresentation;
iii. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
b) Subject to clause 10 (a):
i. we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
ii. our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
iii. Any typographical, clerical or other error or omission on our website, in our sales literature, catalogue, price list, or other document issued by us be subject to correction without any liability on our part.
iv. Where Goods have been sold under a Consumer transaction, your statutory rights are not affected.
a) Assignment and other dealings
i. We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the Contract.
ii. You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.
i. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by prepaid first class post or other next working day delivery service, commercial courier or email.
ii. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11(b)(i); if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the [second] Working Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Working Day after transmission.
iii. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
i. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
ii. If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
i. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
e) Third party rights
i. A person who is not a party to the Contract shall not have any rights to enforce its terms.
i. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by us.
g) Governing law
i. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Northern Ireland.
i. Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Sewing Solutions 2 Ltd, Unit 8 Agnes Street Industrial Estate, Belfast, BT13 1GB.
Company Number - NI 660 329 VAT Registration No.: 266001238