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Terms and Conditions

General

Unless otherwise agreed in writing and signed by Director of Brand My Clothing Limited all goods are supplied on these conditions to the exclusion of any terms or conditions of the buyer and of any representation, warranty or communication not expressly included.
 

Prices

Unless otherwise stated, all prices
 
  1. are net ex-Works, and apply only to the total quantities and delivery dates or rates specified. Additional costs incurred by us on account of any alterations made at the buyer’s request to quantities, delivery dates or rates or agreed changes in specifications shall be borne by the buyer.
  2. are based on current costs at date of quotation and are subject to Increase to the extent of any subsequent alterations in exchange rates, new or Increased taxes, duties or other Imposts or of any Increase In the costs of or relating to manufacture or delivery.

Delivery

  1. The time and place(s) of delivery shall be as specified in the buyers order, subject (where applicable) to Condition 7 below.
  2. All delivery dates or periods are to be treated as estimates only unless we have expressly undertaken in writing to guarantee delivery by a specified date. Deliveries may in any event be postponed or suspended without liability during any period in which circumstances of any kind outside our direct control hindered or prevent the manufacture or dispatch of the goods.

Cancellation

  1. If the buyer cancels all or part of an order at any time the buyer shall forthwith upon demand reimburse us for any costs incurred by or oh behalf of us in dealing with such cancelled order.
  2. In addition to and without prejudice to subsection (a) above, in the case of cancellation:
    • notified to us less than seven days before the due delivery date the buyer shall pay us 10% of the value of the cancelled order; and
    • of an order for goods to be made in accordance with the buyer’s designs, patterns or specifications, if such cancellation takes place after all or part of such goods have been made or begun to be made then the buyer shall pay us the full agreed price of all goods made or begun to be made up to the time of cancellation. In such circumstances all fully or partly finished goods will be delivered to the buyer at his request and expense.

Loss or Damage in Transit

Where the price includes delivery we will at our option either repair, replace free of charge or credit shortages or goods lost or damaged in transit to UK buyers, or to British port for Export buyers, provided that:
 
  1. In the case of damage or shortage, the buyer notifies both the carrier and us in writing within 7 days after the receipt of goods.
  2. In the case of loss such notice is given within 14 days after they are dispatched.
  3. In the case of Export buyers, the buyer establishes to our satisfaction that such loss or damage occurred prior to shipment.
  4. Where the buyer specified the carrier, responsibility for loss or damage in transit lies with the buyer.

Passing of Property and Risk

  1. Risk of loss or damage of any kind to the goods shall pass to the buyer on delivery to his place of business or to his recognized agent or upon collection by his specified carrier.
  2. We retain ownership of the goods the property in which will not pass to the buyer until we receive payment of the price of such goods then owing to us by the buyer who until such payment has been made shall keep the goods as our bailee and store them in such a way as enables them to be readily Identified as our property and shall keep them free from any charge or lien and at our request shall deliver them up to us or shall allow us to enter his premises to repossess the goods and subsequently resell them and recover from the proceeds of sale them sums owing to us and the costs of such sale giving any remaining balance to the buyer.
  3. Notwithstanding the provisions of (b) above provided that the buyer continues trading and is solvent and is not subject to any of the arrangements referred to In 14(b) then before we have received full payment of sums due to us from the buyer, the buyer may nevertheless sell the goods In the ordinary course of business as principal and we shall be entitled legally and beneficially to the proceeds of sale which, until full payment is made to us of sums owed by the buyer, shall be kept by the buyer in a form which allows them to be identified as such proceeds of sale.
  4. Nothing contained in this clause shall relieve the buyer of his obligation to pay in accordance with clause 4 hereof for goods delivered.

Defects

The buyer shall not be entitled to reject any goods which are defective or do not conform to description but we shall at our option and expense replace or refund the invoice values of any such goods If written particulars of the alleged defect or miss description are received by us no later than 7 days after the date of Invoice and the goods (if we so request) are returned to us carriage paid and, failing such request, the goods are held for our inspection. No liability whatsoever can be accepted for defects arising from further processing after delivery.
 

Indemnity

The buyer shall indemnify us against all claims for Infringements or alleged infringement of third parties’ patent copyright or other industrial property rights, and all costs and expenses incurred in connection therewith, arising from the execution of the buyer’s designs, patterns or specifications.
 

Catalogues

The descriptions and illustrations contained in our catalogues, price lists and other advertising matter are intended to present a general idea of products and none of these shall form part of the contract. All such illustrations, specification, patterns and designs are our copyright. We reserve the right to alter specifications, patterns and designs at any time before acceptance of the buyer’s order.
 

Privacy Policy

What information we collect?
We will ask for your name, email address, billing and shipping address and telephone numbers. We will also ask for your chosen method of payment (credit card or online payment service). Your payment information is securely transferred to a third party vendor for processing. We do not retain credit card or other payment identification information on our servers or elsewhere.
 

Governing Law

These conditions shall be construed and shall take effect in all respects in accordance with local law.