Terms & Conditions

BOBBINZ EMBROIDERY

STANDARD TERMS AND CONDITIONS OF SERVICES

1. Name of supplier

Bobbinz Embroidery of Centenary Business Centre, Hammond Close, Nuneaton, Warwickshire, CV11 6RY (“we” or “us” in these terms and conditions) shall be supplying the service(s) to you

2. What is to be provided to you by us

We and you have agreed that we will supply to you the service(s) described on our written quotation or orally if a telephone order is processed.

3. Price

The price for the service(s) will be confirmed when you place your order with us. If you are making payment by cheque then payment should be from a UK bank, with the cheque being made out to “Tracey Davies or Bobbinz Embroidery”, and crossed ‘A/C payee only’.

We accept payment via electronic invoice sent via PayPal. An invoice will be sent to you by us via email for immediate payment.

Prices are subject to change if supplier costs, design changes and additional services change we will notify you in advance.

4. When payment is to be made

You will need to make payment immediately and upon confirmation of your order unless otherwise agreed in advance.

5. Costs

The prices as quoted to cover all of our expenses to perform the service(s) including the delivery of an electronic copy of any documentation we produce. Please contact us for confirmation of any additional costs and requirements not quoted before order confirmation. WE RESERVE THE RIGHT TO INCREASE OUR COSTS UPON PRICE INCREASES PASSED ON TO US FROM MAUFACTUERS / SUPPLIERS OR AN ALTERNATIVE SUPPLIER / MAKE OF GARMENT/S IS REQUIRED.

WE ALSO RESERVE THE RIGHT TO INCREASE THE PRICES / QUOTE IF DESIGN CHANGES ARE REQUIRED, MADE OR AMENDED.

6. Delivery of Service

We will perform the service(s) agreed on the date and time agreed when placing your order. By entering into a contract with us you agree to provide all information required by us and to make payments agreed and on time,

Upon receipt of your invoice you are required to pay the amount immediately to prevent your order being delayed, we will adjust our completion dates and timescale accordingly should your payment be late and take longer to reach us.

7. When we will perform the service(s)

Our aim is to perform the service(s) within 7- 10 working days of confirmation and payment of your order subject to stock availability. Where you have paid by cheque ‘payment in full’ means that the funds have reached our bank account. It will not always be possible to achieve our 7-10 day target, and we and you agree that we cannot guarantee we will perform the services within 7-10 working days. We aim to complete the service(s) on time, but it is not always possible to do so, for example where delay is caused by weather conditions or circumstances which are outside our control. If this situation occurs our aim is to complete the work as soon as soon as we reasonably can.

Our service is carried out between the hours of 9.00a.m and 4.00p.m on weekdays excluding bank holidays unless agreed in advance. We reserve the right to charge higher fees for our service if carried out outside our usual business hours.

8. Cancellation rights

8.1 You can cancel the order at any time prior to the service being carried out and providing your required items/garments have NOT BEEN PERSONALISED OR EMBROIDERED by providing us with at least 24 hours notice. ONCE the order of GARMENTS/ITEMS HAVE BEEN PERSONALISED THEY BECOME NON REFUNDABLE OR REPLACEABLE, YOU AE REQUIRED TO PAY FOR ALL SERVICES AND GARMENTS ITEMS UNLESS DEEMED FAULTY and with prior notice

8.2 To cancel you will need to inform us ASAP and before garments/items have been embroidered. You can notify us by post, e-mail, or by personal delivery. Contact details for where to send the letter are set out in Clause 9 below. If you cancel orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.

8.3 If you fail to cancel your order /service 24 hours or more in advance of the appointment time, the full cost of the service will fall due and must be paid in full. Cancellation will not apply/be possible if items/orders have been personalised,

9. Contact details

9.1 Our address is Unit 12 Centenary Business Centre Hammond Close Nuneaton CV116RY.

9.2 If you have any complaints about the services or any aspect of the way we have dealt with your order please contact Tracey Davies, either by writing to the address given in Paragraph 9.1, by e-mail to info@bobbinz.com or by telephone 07854669300. If necessary an appointment will be made to resolve the complaint.

9.3 If you wish to cancel the service/order you must provide at least 24 hours notice to Tracey Davies either in writing to the address given in paragraph 8.1, by e-mail to info@bobbinz.com or by telephone 07854669300.

10. Acceptance of orders

Your order will be deemed as accepted by us when the telephone call or email confirming the order/service has completed. An order will be placed for your requirements by us to our supplier, in the event of cancellation by you, you will be responsible for all costs incurred by Bobbinz Embroidery including postage In the event of an email request then an order will be confirmed by telephone call. During the telephone call we will confirm the price upon which we will complete the service(s). Until we contact you there will not be a binding contract between you and us. Any information on our website, or your filling in details or clicking any button or icon indicating you are making an order does not, and is not intended to, constitute a binding contract between you and us. Only on our contacting you will we and you be entering a binding contract.

11. Data Protection

You are responsible for ensuring that any “Personal Data” as defined by the Data Protection Act 1998 which you supply to us has been collected within the terms of the Data Protection Act 1998. We agree to process the data in accordance with lawful and reasonable written instructions provided by you

12. Confidential Information

The parties agree not at any time to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the other party to this contract except as permitted by law or with the other party’s consent.

13. Warranty

13.1 We make no express warranty and specifically disclaim any implied warranty of or fitness for a particular purpose, with respect to the performance of the service(s) under the contract and these conditions to the extent permissible by law.

13.2 We do not guarantee, and nothing contained in these terms and conditions shall be construed as a guarantee, that the service performed or to be performed by us will achieve the projected level of results.

14. Limitation of liability

14.1 We aim to carry out the service(s) with reasonable care and skill. If any part of the service is performed negligently or in breach of the provisions of these terms and conditions then, on your request, we will re-perform the relevant part of the service(s). We will not be liable to re-perform any part of the service(s) which we have performed negligently or in breach of these terms and conditions unless you notify us in writing to our contact address.

14.2 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with these terms and conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.

14.3 Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage, or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of these terms and conditions on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us. WE PROVIDE A DESCRIPTION OF THE RELEVANT ITEM/SERVICE ONLY.

15. Entire agreement

These terms and conditions, together with our written quotation, set out the whole of our agreement relating to the performance of the service we provide to you. Nothing said by any salesperson, agent, employee, director or any other representative on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any service(s) provided by us. Save for fraud or misrepresentation, we shall have no liability for any such representation being untrue or misleading.

16. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

17. Law and jurisdiction

The validity, construction and performance of this contract shall by governed by English law and shall be subject to the exclusive jurisdiction of the English Courts to which you and we submit.

18. Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

19. Designs and Images

All images and designs produced by Bobbinz Embroidery remain the property of Bobbinz Embroidery and are not to be passed on or sold to third parties, or copied.

20. Postage

If postage or delivery is required then you will be given a quotation and will be included in your order unless otherwise agreed in advance and before orders are completed, Should extra items or services be required during the processing of your order we will adjust the postage cost accordingly and be fully payable by you the customer, the cost will be added to the balance and upon receipt of the additional costs your order will be completed and dispatched, We will NOT dispatch any order until full/final payment had been received.

21. Embroidery and Designs

You are reminded that once embroidery has been carried out you are FULLY REPONSIBLE FOR ALL COSTS INVOLVED including postage and services carried out by us. Refunds or replacements will NOT be accepted unless the item/s is deemed faulty by us.

You will be responsible for all costs involved relating to designing, creating your logo if your order is cancelled.

22. Embroidery Limitations

Embroidery limitations will apply to all products requiring a personalised message for teddy/soft toy purchases as follows: Max 3 lines text, 16 characters/letters per line including punctuation and spaces unless otherwise stated. Thread choice is optional, if none chosen at the time of ordering, we reserve the right to use a suitable shade to match.

Logos/designs digitized via BOBBINZ EMBROIDERY will incur a limitations of 6 colours only per logo/design with a maximum stitch count of 6,000 stitches; above 6,000 stitches will incur additional costs of £1.00 per 1,000 stitches unless otherwise agreed in advance.