Terms & Conditions
Buyer: The person who buys or agrees to buy the goods from the Seller.
Conditions: The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: The articles which the Buyer agrees to buy from the Seller.
Price: The price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller: Get Personalised Limited trading as Brilliant Embroidery
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
These Conditions may not be varied except by the written agreement of a Director of the Seller.
These Conditions represent the whole of the agreement between the Seller and the Buyer.
The Price shall be price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT, which shall be due at the rate in force on the date of the Seller’s invoice.
Payment and Interest
Payment of the Price and VAT shall be due before delivery of the goods. Applications for 30 day credit accounts are available on request.
Interest on overdue invoices shall accrue from the date when payment becomes due, calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement.
The Buyer shall pay all accounts in full and not exercise any rights of refunds set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be set out in the Seller’s confirmation of order.
Customers own garments
Although we take every possible precaution when handling your garments, we cannot be held responsible for damage that may occur during the production process or errors interpreting your requirements. Accidents can occur when working the machines although this is a rare occurrence
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the Confirmation of Order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the days notified by the Seller for delivery when delivery may take place.
The Seller undertakes to use its reasonable endeavours to despatch the Goods so they arrive on an agreed date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
The Seller shall not be liable to the Buyer for any loss of damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
Acceptance of the Goods
The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
Title and Risk
Risk shall pass on delivery of the Goods to the Buyer’s address.
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
The Seller may at any time before title passes and without any liability to the Buyer:
repossess and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
Carriage of Goods
Carriage will be chargeable on all sales unless arrangements are made for collection to take place from our Offices. This will be at the rate of £8.50 per carton and will be via a national carrier on a standard 2/3 day service. Special rates apply for deliveries to remote areas and offshore islands. Small items may be sent by post at a minimum charge of £4.50.