- Interpretation
In these terms and conditions:-
“Agreement” means these Conditions together with the Customer’s agreed order.
“Catalogue” means the Seller’s online catalogue of Products available at http://www.logoembroideryscotland.co.uk/catalogue/;
“Conditions” means these terms and conditions;
“the Customer” and “you” means the purchaser of Products;
“Order” means the Customer’s order for the Product(s) consisting of the Customer’s email or telephone call together with the Quote Acceptance;
“Quote Acceptance” means the Customer’s acceptance of a quote, either via web-link sent with the quote or written email confirmation, in response to a quote received from us.
“Price” means the price of the Product(s)
“Products” means the Seller’s high quality workwear, sportswear and clothing both branded and unbranded, as set out in the Catalogue;
“the Seller” or “we” or “us” means Logo Embroidery Scotland Ltd, a company incorporated in Scotland (registration no. SC432309) and with its registered office at 2 Sheriffmuir Close, Greenloaning, Dunblane FK15 0NZ;
“the Website” means the website of the Seller operating under the domains; www.logoembroideryscotland.co.uk, www.theteamhoodie.com, www.lesworkwear.com and www.lesteamwear.com
- Basis of Ordering
2.1 Whenever we agree to sell our Products these Conditions apply to the exclusion of any other or inconsistent or implied terms, conditions or warranties (all of which are hereby excluded and shall not apply to you or us to the fullest extent permitted by the law) unless otherwise agreed in writing by the Seller.
2.2 No Order placed by you shall be deemed to be accepted until such time as we receive a Quote Acceptance from you or (if earlier) we deliver the Products to you. No Order deemed to be accepted by us may be cancelled by you except in accordance with clause 9.
2.3 You are responsible for checking the order details supplied in our quote are accurate before accepting as your order will be processed as per the details contained therein. This includes confirming the items to be supplied along with all necessary embellishment, sizing, quantity, colour and dispatch information are all correct.
2.4 We reserve the right to make changes to the items shown in our Catalogue.
2.5 We do our best to limit variations in colour, but owing to technical constraints there may be appreciable differences in colour between our Products and the images of them in our Catalogue or on our website. There may also be appreciable variations in colour between different batches of the same Products.
2.6 We make every effort to ensure that the descriptions of items are reasonably accurate.
2.7 Any typographical, clerical or other error or omission in this Catalogue or other sales literature or other document or information issued by us shall be subject to correction without any liability on our part.
- Price
3.1 All prices are shown in UK pounds sterling. The price of a Product is stated exclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
3.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed and that we have accepted.
- Payment
4.1 An advance payment may be due at the time of placing your Order. In this situation Orders will not be processed until the advance payment is received.
4.2 We accept payment by the following methods: bank transfer, cheque, cash, debit or credit card. For payment by debit or credit card, we accept American Express, Visa, Mastercard, Delta and Maestro cards.
4.3 We must receive payment of the balance of the Price for the Products ordered (including all applicable delivery charges) at the time of your Order.
4.4 We may invoice you for the Products together with any applicable sums referred to in clause 4.3, when they, or any instalment of them, are dispatched to you or to your designated recipient. 4.5. Payment is due and you become liable to pay for Products on delivery of our invoice, unless agreed credit terms apply, in which case you must pay in accordance with them. Time for payment is of the essence.
4.6 All payments must be made by you in full, without any set off, counterclaim, withholding or other deduction.
4.7 If any payment due to us from you under this Agreement or any other contract is in arrears, then we may suspend further deliveries to you and/or cancel all contracts and outstanding Orders between you and us by written notice without penalty (but you will still have to pay us for any Products actually delivered) and we may re-sell the Products ordered by you but not yet delivered to you or paid for by you without incurring any liability to you. Your failure to comply with a demand for payment under this clause is to be regarded as a repudiation of the contract, and we shall be entitled to damages accordingly.
4.8 Notwithstanding delivery of and the passing of risk in the Products or any other problems, we retain ownership of the Products supplied by us to you until the Price of them and all other Products supplied by us to you has been paid in full.
- Refusal of an order
5.1 We reserve the right to withdraw any Products from sale at any time and/or remove or edit any materials or content in the Catalogue. Whilst we will use our reasonable endeavours to fulfil orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Acknowledgement, which we reserve the right to do at any time, at our sole discretion.
5.2 If Products are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Products.
5.3 Although we have made all reasonable efforts to correctly display Product colours on the Website, we cannot guarantee that these will be accurately represented.
5.4 We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.
- Delivery, title and risk
6.1 Orders will be sent to the delivery address that you have given in your Order. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
6.2 Title in the Products will pass to you on the later of:-
6.2.1 the date on which we receive payment in full for such Products; or
6.2.2 the date of delivery of such Products to your nominated address.
6.3 Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
6.4 We shall be entitled to (a) deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an Order.
- Changes to the Product
We may make minor changes to a Product, for example to reflect changes in relevant laws and regulatory requirements. If we must make any significant changes to any Product you have ordered, we will notify you and you may choose to continue with or cancel your Order in respect of the affected Product(s).
- Inspection
It shall be your responsibility to inspect and check the Product(s) as soon as reasonably practicable after delivery and in any event, not more than seven (7) days after delivery to ensure that the quality, condition, quantity and specification of the Product conform to the instructions contained in the Order. In circumstances where you consider that the product does not conform with the Agreement at the time of delivery, you should promptly contact us by telephoning us on 01324 678 251 or by emailing us at info@lesemail.com with details of the Product and its damage.
- Returns
9.1 You have no right to return the Products without our written consent, except in accordance with this clause 9.
9.2 You may return to us at your own cost unused Products for either refund or credit (at our discretion and subject to such reasonable restocking charge as we may charge) provided that they are returned to us and received by us within 30 days after delivery to you and so long as they are not made to order, tabbed or personalised in any way, have not been worn, used or altered in any way, are still in the original packaging and otherwise fit to be returned to stock and resold by us.
9.3 You may return Products which are damaged in transit or materially defective provided that you notify us in accordance with clause 10.2.
9.4 When returning Products to us, you must retain proof of postage until we supply you with a credit note confirming that we have received the returned Products.
9.5 You may request a refund to your card or bank account. To request a refund send your Logo Embroidery Scotland Ltd account number and order number to info@lesemail.com.
A refund will usually be given within 10 working days from receipt of your parcel and will be either made directly to the card used for the original payment or as a credit to your account.
9.6 A refund will not be possible if:
9.6.1Items are returned later than 30 days from receipt of you order (unless faulty).
9.6.2 Items are bespoke or have been embroidered/printed according to customer instructions.
9.6.3 Items have been worn, altered or damaged from personal use.
9.6.4 The item is returned without the correct paperwork for us to process the return.
- Quality
10.1 We warrant that on delivery the Products shall be free from material defects in design, material and workmanship.
10.2. Subject to clause 10.3. if:
10.2.1 in respect of any defects apparent on delivery, you give notice that some or all of the Products do not comply with the warranty set out in clause 10.1 in writing to us within seven days of delivery; or
10.2.2 in respect of any defects not apparent on delivery, you give notice that some or all of the Products do not comply with the warranty set out in clause 10.1 in writing to us within seven days that such defect comes to, or ought to have come to, your attention, and in any event within three months of delivery; and
10.2.3 we are given a reasonable opportunity of examining such Products; and 10.2.4 you (if asked to do so by us) return such Products to our place of business at our cost,
our sole liability to you shall be, at our option, to repair or replace the defective Products, or refund the price of the defective Products in full.
10.3 We shall not be liable for Products’ failure to comply with the warranty set out in clause 10.1 in any of the following events:
10.3.1 you make any further use of such Products after giving notice in accordance with clause 10.2;
10.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
10.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
10.3.4 you alter or repair such Products without our prior written consent;
10.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.3.6 the Products differ from their description or any applicable specification agreed by us as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.5 These Conditions shall apply to any repaired or replacement Products supplied by us.
- Liability
11.1 Except as expressly provided in these Conditions, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.
11.2 WE SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SIMILAR LOSS OR DAMAGES (INCLUDING ALL MANNER OF COSTS, FEES AND EXPENSES) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE HOWSOEVER EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS AND INSOFAR AS PERMITTED BY LAW.
- Events Outwith Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, any shipping, postal or other relevant transport strike, failure or accidents.
12.3 Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
- Waiver
13.1 If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Assignation
We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
- Severance
15.1 If any provision of these Conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
15.2 These Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. 15.3 Both you and us acknowledge that, in entering into this Agreement, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Agreement except as expressly stated in these Conditions.
15.4 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of this Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
- Data Protection
16.1 The Seller will comply with all applicable data protection legislation in respect of any personal data which you provide when contacting us or which we collect as part of the ordering process.
16.2 The information and data collected shall only be used by us for the purposes of processing your Order and marketing our products to you. For the avoidance of doubt, your information and data will never be passed on by us to a third party. We will keep your information and data on our records for a period of 5 years, after which point such records shall be destroyed.
16.3 When purchasing Products from us, you will be asked to confirm that we may email you from time to time with details of our products that we think you might be interested in. Should you opt in to receiving marketing emails, you are confirming that we can email you for marketing purposes. Please note that you may unsubscribe from receiving our marketing emails at any time by emailing dave@lesemail.com.
- 17. Variations
We have the right to revise and amend these Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those 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 you).
- Governing Law and Jurisdiction
These Conditions shall be governed and construed in accordance with the laws of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.
