Overview – These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract, notwithstanding any purported terms put forward by you. These terms represent Merchandise Branding Limited and Merch Branding Limited, which are trading names of Merchandise Branding.
Payment Terms – All goods will be supplied against a proforma invoice unless a credit account has been opened after acceptance of banker’s reference, two trade references and three positive payments on a proforma basis. Payment for a proforma invoice are due immediately upon order placement and production of orders will not begin until the invoice has been paid in full. Delay in payment can cause delay in the overall lead time of your order. Merchandise Branding cannot be held responsible for failure to fulfil a delivery date as a result of late payment. For credit account invoices, payment is to be made within 30 days from the date of the invoice. If we are not paid according to our credit terms, we may exercise our statutory right of interest under the Late Payment of Commercial Debts Act 1998.
Discounts – Any discounts offered are on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts to accounts which become overdue.
Passing of Title and Risk – The risk in the goods pass to you on delivery. All goods, delivered or not, remain our property until full payment is received. Until such time as payment in full is made, you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions and we shall be entitled upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purpose.
Products – We reserve the right to alter any details or design of products illustrated without notice. Whilst every effort is made to describe the goods accurately on the website, catalogue, sales literature and emails no warranty is given as to the accuracy and no responsibility will be accepted for error or mis description and any resulting loss. Product images and descriptions are listed as examples and exact pantone/CMYK colours cannot be determined on the website, unless an exact colour match is listed.
Quotations and Contracts - Orders are accepted subject to our right to adjust prices quoted to take into account any changes in in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current cost of production and therefore may be subject to change. In the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. All quotations are valid at the time of quoting, error and omissions excluded.
Prices – All prices are subject to VAT at the current rate. Prices quoted on the website are guide prices only subject to viewing final artwork. Once artwork and full specifications have been finalised, a quotation price will be confirmed. In most cases pricing is for non-branded items, without setup costs, printing costs, shipping and handling fees, and any other potential product specific costs. We aim to keep our pricing 100% accurate, however due to the fast-paced industry and nature of the online consumer product industry a small number of items on our website may be mis-priced due to updates. Whilst we aim to notify you at point of sale or enquiry, we reserve the right to alter our pricing without notice and refuse or cancel any orders placed on mis-priced product.
Delivery – Every effort will be made to deliver your goods on time, but any delivery date given is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of goods this includes deliveries made within the United Kingdom, Europe and Worldwide. All deliveries will be charged for at the prevailing rate applying at the delivery date. Special express deliveries can usually be arranged but will usually be subject to additional charges (e.g. express print charges and express delivery charges) that will be charged to you at current commercial rates. Lead times will be deemed to commence at the date and time that the Company receive in writing, "signed off" approval of the artwork that the Company supplied to the client, and payment is received in full where applicable. Due to the bespoke nature of the goods ordered, no loss or liability is accepted for delay or error in delivery date.
Quantity Variation – We shall have deemed to have fulfilled our contract by the delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered. You will be charged the contract rate for the quantity delivered.
Claims – Claims arising from damages, delay or partial loss in transit must be made in writing to us, to reach us within 48 hours of delivery. All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of the contract. You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery. Claims for non-delivery must be made in writing so as to reach us within 48 hours from the intended delivery date.
Liability – Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of the claims procedure set out in clause 10. Nothing in these terms and conditions shall affect the right of the consumer.
Cancellation Charges – A charge will be made on all cancelled orders, together with a charge for all work carried out to the date of the written cancellation. Cancellation charges can include but are not limited to artwork fees, shipping fees, administration fees, transaction fees, pre-production fees. All orders may incur a re-stocking fee in the event of a cancellation. If cancellation is requested after final artwork stage a minimum cancellation fee of £49.95 will be applied to orders up to £1000, or 5% of the total order value for orders exceeding £1000 in value. Cancellation fees apply regardless of orders placed on account or pro-forma basis.
Samples – These will be submitted on approval and will be charged for if not returned in good condition within 14 days.
Quantity Changes – Any changes in quantity ordered must be made to us in writing prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
Foodstuffs, Liquids, Drinkware and Hygiene products including Personal Protective Equipment In the interest of hygiene and contamination, no returns will be accepted for plain stock goods in these categories.
Outstanding Payments and Overdue Accounts – No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts at 5% above bank base rate. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account in respect of our using a third party or Court proceedings.
Artwork and Printing – All artwork and print charges will be levied where necessary unless previously stipulated by us. Where applicable the prices shown include one colour printing in one position from your finished artwork. For customisation, additional print colours and positions of printing pricing will be presented on a quotation basis. Print tolerance refers to the variation of print location in mass production. Due to the manufacturing process on some items, items printed within the same batch may have a variation of up to 5mm on the final product.
Small Orders – Where you require a quantity smaller than the minimum quantity shown, this is normally possible but will carry a surcharge.
Force Majeure – We will not be responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside of our reasonable control or by the inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or part without incurring any liability whatsoever to you.
Cancellations Pro-forma orders can be cancelled up until payment is made. Orders for plain stock can be cancelled or returned for a refund within 14 days of order apart from those products in clause 15. Plain stock items sourced from overseas, or that have been custom made cannot be returned. All printed stock is non-returnable due to the bespoke nature of the print. These are considered personalised goods made to your specifications and cannot be re-sold to anyone else.
Suppliers and Warranties All products and services available for order through Merchandise Branding are distributed on behalf of third-party suppliers, unless otherwise indicated, and are sold with the Supplier's limited warranty. The warranty periods and service vary by Supplier and product. Details of the warranty by product are available through written request to Merchandise Branding.
Customs and Overseas Deliveries For all our overseas deliveries we only use well known carriers including, but not limited to, UPS, DHL and FedEx. Even though we do our best to include all custom charges there may be times that the country of origin will require the receiver to pay these charges for goods to be released. If you are outside of the UK and place an order with Merchandise Branding you are confirming that you are aware there is a chance of extra fees and that Merchandise Branding is not liable for these costs and any delay or additional requests that may be caused by the carrier or customs. If you are within the UK and request a delivery to another part of the world then when you place an order with Merchandise Branding you are confirming that you are aware there is a chance of extra fees and that Merchandise Branding is not liable for these costs and any delay or additional requests that may be caused by the carrier or customs. Please note that we will always help our clients in resolving any customs issues to the best of our ability, however sometimes depending on the country this can only be resolved locally. In the event of a client choosing to use their own shipping account the logistical responsibility and indemnity insurance will be the responsibility of the client.
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