The following definitions are used in and form part of these terms and conditions of trading. In these terms and conditions:
"The Supplier" shall mean Punch & Patches, it's owner and all persons connected with Punch & Patches for the purposes of trading.
"Goods" and/or "Services" shall mean garments and other items supplied, whether embroidered, printed or not, by the supplier, to any third party, and shall include but not be limited to embroidery and print-only services of items which are the property of any third party. “The Supplier” and “Punch & Patches” are interchangeable.
"The Customer" shall mean any third party to whom goods and services are supplied, have been supplied or are to be supplied.
"Foreign Language" or "Foreign Languages" shall mean any and all languages which are not UK or US English.
"Enquiry" or "Enquiries" shall mean any request for information from a third party to the supplier, whether or not that request results in an order.
"The Order" or “An Order” shall mean confirmed requests for goods and services from a customer, for which, by placing the order, the customer has agreed to pay in full, within the time or times specified by the supplier.
"Artwork" shall mean any image supplied by any third party to the supplier by physical or electronic means, from which the supplier is required to produce a stitch file.
"Stitch File" shall mean a computer file produced using embroidery software, containing the electronic information necessary to produce an embroidery product.
“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these Terms. They need not necessarily be taken to mean specifically an act in which goods or services are dispatched by post or other courier nor an act by which a customer visits the supplier’s premises.
“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.
“The Supplier Will/Shall Not Be Liable” shall mean that, to the fullest extent permitted at law the Supplier will not be liable for damages of any kind. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties.
2. Goods and Services
2.1. Supply of decorated goods. The supplier shall, at his absolute discretion, obtain garments and other textiles which he will machine embroider, print and supply in accordance with orders placed by customers and clients, subject to the substitution clause in these terms.
2.2. Embroidery and print only services. The supplier shall, at his absolute discretion, supply machine embroidery and print services to customers and clients who provide their own garments and other textiles for embroidery.
2.3. Unembroidered or unprinted goods. The supplier shall, at his absolute discretion, obtain and supply goods without embroidery and in accordance with Orders placed by customers and clients, subject to the substitution clause in these terms.
2.4. Quality of supplied goods. The supplier endeavors to supply only goods from established and reputable sources, unless otherwise specified by the customer.
2.5. Customers’ own goods. Customers supply goods for embroidery and print entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of Punch & Patches.
2.6. Substitution. Punch & Patches does not normally carry stock; items are obtained to order. All items obtained by the supplier on behalf of the customer are subject to availability. The supplier reserves the right to substitute garments when those ordered are unavailable. Prices will be agreed between the supplier and the customer before any substitutions are made.
2.7. Delivery Times. The supplier completes all orders as soon as possible but Customers should allow up to 14 days for delivery from the date of acceptance of an order by the supplier. Any likelihood of over running that period will be notified to the customer at the earliest possible time.
2.8. Special Deadlines. The Supplier will endeavor to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.
3. Ownership, Copyright and Acknowledgment of Artwork
3.1. Not withstanding and regardless of artwork, the ownership and copyright of all digitised designs and artworks provided by the supplier is asserted and remains with the owner and proprietor of Punch & Patches.
3.2. The customer agrees to allow the supplier to use images of any and all finished products and embroidery patterns and designs for the purposes of advertising and marketing the supplier's business. This shall include, but not be limited to publication of such images on the supplier’s website.
3.3. From time to time, the supplier may wish to exhibit garments and/or other textiles bearing logos and/or designs owned by a Customer for the purpose of promoting the supplier’s business.
4. Orders and Ordering
4.1. a. The customer may make an order for goods from the supplier by electronic mail, postal or in person. The supplier will issue a confirmation of order with an appropriate order number. From the time an order is accepted and an order number issued, the customer is considered to have entered into a contract with the supplier, which is binding upon both parties.
4.1.b. The customer shall check the confirmation of order and notify the supplier of any errors or discrepancies at the earliest available opportunity. The supplier will not be liable where the customer has not, within a reasonable time, notified the supplier of errors or discrepancies in the confirmation.
4.2. The customer shall supply to the supplier all required artwork in either physical or electronic form at or before the time of the order.
4.3. Where artwork is supplied by post or other courier either on floppy discs, compact discs, flash drives, memory sticks or any other electronic or digital storage device, or in physical form, items are submitted entirely at the customer's own risk. No responsibility can be accepted by the supplier for loss or damage to such items, howsoever caused. Additionally, the supplier shall not be liable for damages arising from the loss or damage to any item supplied either by post or other courier or by electronic mail.
4.4. The customer is responsible for ensuring the accuracy of the order. By placing an order for goods and services the customer shall be deemed to have accepted and agreed to be legally bound by these terms and conditions.
5. Acceptance of Orders
5.1. The supplier will normally accept orders for goods and services subject to the exclusions listed later in these terms and conditions.
6.1. The Supplier reserves the right to refuse to accept any order which contains, in the supplier's opinion:
1. Pornography of any description, either textual or graphic, even if it would otherwise be considered "soft".
2. Material which may cause religious conflicts, racist, sexist, ageist or inflammatory in any other way.
3. Offensive, defamatory or libelous material.
4. Material of a nature which may encourage, support or promote any illegal or banned organisation.
8. Supplementary Terms and Conditions
8.1. Any and all special Terms (including but not exclusively notifications of discounts and temporary or permanent variations and special terms for specific customers or groups) form part of these terms and conditions, regardless of whether or not they are included herein. These terms and conditions may be quoted in whole or in part as part of any supplementary terms and conditions.
9. Carriage (Shipping and Handling)
9.1. Charges. Carriage is normally charged according to weight and volumetric weight as designated by the carrier, unless otherwise arranged. The supplier reserves the right to add reasonable charges to cover the cost of packaging and the time taken to arrange shipment.
9.2. Method. Goods will normally be shipped via the most effective route. Carriers may include, but not be limited to the DHL, FEDEX or any other courier service.
9.3 Insurance and Claims. Goods are normally insured in transit by the courier companies. Customer can take up the claim with the courier company in case of any damage or loss. Costs of insurance, recorded delivery or registered post must be requested and borne by the customer. The supplier shall not be liable for claims arising from loss or damage to properly packaged goods in transit.
10. Foundation of Contract and Specifications.
10.1. No contract will subsist between the supplier and customer for the sale of any goods unless and until the supplier accepts the order by e-mail, telephone, letter or other means.
10.2. Whilst the supplier makes every effort to ensure that any and all goods descriptions and illustrations supplied by him are accurate and current, the supplier is dependant upon the requirements of each individual customer. completed goods may therefore differ slightly from advertised descriptions.
10.3. The supplier cannot guarantee product availability. Should goods ordered be temporarily unavailable the customer shall be notified of the delay in delivery and given the option to cancel the order. If the customer does not cancel the order, the customer shall be deemed to have accepted the new delivery date.
10.4. By placing an order for goods and/or services from the supplier, the Customer acknowledges that he, she or they have read fully and understood these terms and conditions and is entering into a contract based upon these terms and conditions by which he, she or they agree to be legally bound.
11. Warranties and Liability.
11.1. The guarantee is not relevant and does not exist where the customer has supplied their own garment(s) or other Substrate(s).
11.2. The supplier will not be liable for damages arising out of or in connection with the use of Punch & Patches.
11.3. Sizing information provided by garment manufacturers is beyond the control of Punch & Patches and Punch & Patches shall not be liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the Customer in their order. Punch & Patches does not provide sizing advice.
11.4. The customer accepts that due to the dyeing process they may see a shade difference between products of the same colour.
11.5. The customer accepts that due to production tolerances we cannot guarantee exact design positioning or replication of each design
11.6. Although we use all possible method to match the colors, yet print and thread colours are not guaranteed to match customers supplied artwork. Always order a pre-production sample if in doubt.
All shipping charges for returning products to us must be paid by the returnee. Send using a service that requires a signature on arrival, we will not be held responsible for returns that do not arrive at our address.
12.1. We do not accept checks and payments can be made through PayPal, Payoneer or major credit cards.