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Terms & Conditions

TERMS AND CONDITIONS


1. DEFINITIONS:

“The Company” means CUSTOM PLANET LIMITED or (where the context so

admits) any other company which is a subsidiary of CUSTOM PLANET LIMITED:

“The Customer” means the person, firm, company, organisation or corporation purchasing

the goods:

“goods” means the articles or things (including work to be done or services to be

supplied) or any of them described in the order:

“order” means the order placed by the Customer for the supply of goods.

 

2. GENERAL:

All estimates are made and all orders are accepted subject to the following terms and

conditions and no addition thereto or variation therein shall be made or apply unless

expressly agreed in writing by the Company and all other printed or standard conditions

are hereby excluded.

 

3. DESCRIPTION OF GOODS:

All goods are sold subject to reasonable availability to the Company of materials.

The Company reserves the right without notice to substitute materials, components and

units other than those mentioned in the estimate or order.

All drawings, particulars or weights and dimensions, and specifications issued by the

Company are approximate only and do not form part of any contract.

 

4. CATALOGUES ETC:

Catalogues, specifications, brochures, price lists and all advertising matter are only an

indication of the type of goods and services offered and no particulars therein shall be

binding on the Company. All prices quoted therein are subject to alteration or withdrawal

from time to time without notice.

 

5. PRICE VARIATION:

Estimates are based on the Company’s current costs of production and materials, and

unless otherwise agreed, are subject to amendment on or at any time after acceptance to

meet any rise in such costs.

 

6. ORDERS:

(a) The Company reserves the right to accept or refuse orders.

(b) Orders must be accompanied by sufficient information, copy, suitable drawings,

illustrations, photographic originals or other necessary material to enable the Company

to proceed with the order forthwith otherwise the Company will be at liberty to amend

the quoted price to cover any increase in costs which take place after acceptance,

due to those shortages.

 

7. PRELIMINARY WORK:

All work carried out, whether experimentally or otherwise, at Customer’s request shall

be charged.

 

 

8. COPY:

A charge may be made to cover any additional work involved where copy or other

originals supplied is not clear and legible, or is in any other way unsuitable.

 

9. PROOFS:

Proofs of all work may be submitted for customer’s approval and the Company shall incur

no liability for any errors not corrected by the customer in proofs so submitted.

Customer’s alterations and additional proofs necessitated thereby shall be charged

extra. When style, type or layout is left to the Company’s judgement, changes there from made by the customer shall be charged extra.   Depending on size of garments there can be a 4cm movement discrepancy between different prints and compared to the proof.  Custom Planet will always strive to get positioning perfect however this is sometimes impossible due to garments and other factors.  This also applies to re-print jobs, if you would like positioning to be matched to a previously printed job, please provide a sample or give instruction of measurements.

 

10. SAMPLES:

All samples are charged upfront; however a refund will be applied if returned within 2 weeks.

Samples must be returned at the customer’s expense, or collected by Custom Planet at a cost of £14 + VAT.

If samples are returned and are subsequently being used for the job they were intended then the sample costs will be deducted from the job.

If samples are retuned and not being used then a refund of 75% will be applied. The remaining 25% is to cover carriage and re-stocking charges with the wholesaler.

 

11. STANDING MATERIAL:

(a) Screens, films, stitch files and other materials owned by the Company and used in the

production of positives, artwork, proofs and the like shall remain the Company’s exclusive property.

Such items when supplied by the customer remain customer’s property.

(b) Screens, films, art files or other work may be disposed of immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

(c) Screens may be kept for up to one month if written arrangements are made.  A 50% fee may be charged for reproduction of screens for future work using the same design/films.

 

12. CUSTOMER’S PROPERTY:

Customer’s property and all property supplied to the Company by or on behalf of the

customer shall while it is in the possession of the Company or in transit to or from the

customer shall be deemed to be at the customer’s risk unless otherwise agreed and

the customer should insure accordingly.

The Company shall be entitled to make a reasonable charge for the storage of any

customer’s property left with the Company before receipt of the order or after

notification to the customer of completion of the work.

 

13. MATERIALS SUPPLIED BY THE CUSTOMER:

(a) The Company may reject any garments, products or other materials supplied or specified

by the customer which appear to be unsuitable. Additional cost incurred if materials

are found to be unsuitable during production may be charged except that if the whole

or any part of such additional cost could have been avoided but for unreasonable

delay by the Company in ascertaining the unsuitability of the materials then that amount

shall not be charged to the customer.

(b) Where materials are so supplied or specified, the Company will take every care to

secure the best results, but responsibility will not be accepted for imperfect work caused

by defects in or unsuitability of materials so supplied or specified.

(c) Quantities of materials supplied shall be adequate to cover normal spoilage.

 

14. DELIVERY:

Any times quoted for delivery are to be treated as estimates only and the Company shall

not be liable in any manner whatsoever for failure to deliver within such time.

(a) Delivery of work shall be accepted when tendered and thereupon or if earlier, on

notification that the work has been completed, payments shall become due under

Clause 19.

(b) Unless otherwise specified the price quoted is for delivery of the work to the

customer’s address as set out in the estimate. A charge may be made to cover any extra

costs involved for delivery to a different address.

(c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.

(d) Should work be suspended at the request of or delayed through any fault of the

customer for a period of 30 days the Company shall then be entitled to payment for

work already carried out, materials specially ordered and other additional costs

including storage.

 

15. VARIATIONS IN QUANTITY:

For certain products exceeding a quantity of 1000 every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent being allowed for over’s or shortage, the same to be charged or deducted.

 

16. DAMAGE, SHORTAGE OR LOSS IN TRANSIT:

When the price quoted includes delivery, the Company will replace free of charge

goods damaged or lost in transit provided the Company receives written notification,

in the case of such damage or shortage within three days or receipt of goods, and in the

case of such loss within seven days of the date of the invoice in respect of such goods.

 

17. PASSING OF RISK:

Subject to the provisions of Clause 15 the risk in the goods shall pass to the customer

on delivery of the goods to the customer or to any person authorised by the customer

to receive the goods.

 

18. LIABILITY:

The Company shall not be liable for any loss to the customer arising from delay in

transit not caused by the Company.

 

19. QUALITY AND FITNESS:

Any conditions or warranties (whether express or implied by statute common law or

arising from conduct or a previous course of dealing or trade custom or usage) as to

the quality or fitness of the goods for any particular purpose are expressly negatived

unless the customer has expressly made known to the Company the particular purpose

for which the goods are required and the Company has expressly agreed that the

goods will be fit for such purpose and in such case the customer shall in the course of

its use of such goods take all reasonable precautions to check that the goods when in

use are in fact fit for such purpose and shall immediately notify the Company within 3

days of discovering any apparent or alleged unfitness.

 

 

20. RETURNS:

(a) Returns can only be accepted by the company under extenuating circumstances where the product quality does not meet the agreed proof or sample.

(b) Garments sold as samples are non-returnable.

(c) If you are unhappy with the quality of your goods, Custom Planet must be notified within seven days of delivery, otherwise returns cannot be made.

(d) Unprinted/embroidered stock cannot be returned after more than 28 days

(e) All High Visibility garments that are governed by Health and Safety legislation, should they be returned we will only accept these items if they contain their original packaging and legislative documentation within.

(f) With the introduction of suiting garments and due to the complex nature of the packaging requirements and potential garment damage, all returned suiting garments will incur an additional £2.00 per garment re-stocking charge in addition to the standard re-stocking charge.

(g) The Result AirDown product range is non-returnable.

(g) All underwear is non-returnable.

(h) All non-printed returns will incur a 25% restocking charge

 

21. PAYMENT:

(a) Unless otherwise stated all quoted prices are Nett. Unless otherwise agreed in writing,

payment in full is due Nett monthly i.e. by the end of the month following the month the

goods are delivered or the work completed, and all goods shall remain the property of

the Company until paid for in full. Time for payment shall always be of the essence of

the contract.

(b) Counter claims not recognised by the Company shall not entitle the customer to

withhold or offset payment. 

(c) In the event that any customer is unable to pay in full for the items purchased, including any additional costs and/or late payment charges, the companies’ directors take personal responsibility for paying the full outstanding balance

 

22. OVERDUE ACCOUNTS:

In the event of the stipulated date of payment being exceeded the Company shall,

without prejudice to any other legal claims, be entitled to charge interest at the rate of

2% per month on the overdue amount and/or reserve the right to assign over the debt

to a third party and be entitled to charge any associated costs of involving the third

party without any reminder being required.

 

23. PASSING OF PROPERTY:

The goods shall remain the property of the Company until payment in full by the customer

to the Company of the price of the goods and the relevant V.A.T.

Until the property in the goods shall pass to the customer:-

(a) the customer shall keep the goods (at no cost to the Company) separate from all

other goods in its possession in such manner that they are clearly identifiable as the

Company’s goods;

(b) the customer upon request of the Company shall promptly inform the Company of

the whereabouts of the goods;

(c) the Company shall be entitled to repossess or call for redelivery of the goods at the

customer’s expense if the customer ceases to pay his debts in the ordinary course of

business or cannot pay his debts as they become due or being a Company is deemed

to be unable to pay its debts or has a winding-up petition issued against it or being a

person commits an act of bankruptcy or has a bankruptcy petition issued against him

and without prejudice to other remedies shall have the right not to proceed further with

the contract or any other work for the customer and be entitled to charge for work

already carried out (whether completed or not) and materials purchased for the

customer, such charge to be an immediate debt due to him, and in respect of all

unpaid debts due from the customer have a general lien on all goods and property in

his possession (whether worked on or not) and shall be entitled on the expiration of 14

days notice to dispose of such goods or property in such manner and at such price as

he thinks fit and to apply the proceeds towards such debts.

 

24. ILLEGAL MATTER:

(a) The Company shall not be required to print any matter which in his opinion is or

may be of an illegal or libellous nature or an infringement of the proprietary or other

rights of any third party.

(b) The Company shall be indemnified by the customer in respect of any claims, costs

and expenses arising out of any libellous matter or any infringement or copyright,

patent, or of any other proprietary or personal rights contained in any material printed

for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice

in settlement of any claim.

 

25. FORCE MAJEURE:

The Company shall be under no liability if he shall be unable to carry out any provision

of the contract for any reason beyond his control including (without limiting the

foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply,

lock-out, strike or other action taken by employees in contemplation or furtherance of

a dispute or owing to any inability to procure materials required for the performance of

the contract. During the continuance of such a contingency the contract and pay for

work done and materials used, but subject thereto shall otherwise accept delivery

when available.

 

26. LAW:

These conditions and all other express terms of the contract shall be governed and

construed in accordance with the laws of England.

(c) The customer shall indemnify the printer against any claim by any party resulting

from the code or symbol not reading or not reading correctly for any reason, except

to the extent that such claim arises from any failure of the printer to comply with

paragraph (a) above which is not attributable to error falling within the tolerances

generally accepted in the trade in relation to printing of this sort.

 

27. COLOUR:

(a) Pantones are as closely matched as possible with current inks available for printing.

(b) Where pantones are not specified the company will use best judgement to match the description or proof approved by the client.

 

28. PRODUCTS:

(a)Garments and other product’s colours and sizes shown on the company’s website, catalogues or proofs are for guidance only and can vary.

(b) Printed samples can be ordered at extra cost to the customer to confirm colours, sizes and print where a pantone is not used

 

29. CUSTOMER ON-LINE:

(a) The customer’s ability to place orders on the Company’s website is via a unique username and password.

It is for the Customer to ensure that only those authorised have access to that password.

The Company accepts no liability for unauthorised use of that password by any third party.

All orders placed with the Company via the website by the Customer will be considered

properly authorised by the Customer and dealt with accordingly.

 

(b) Where the customer has authorised the company to produce products for purchase on the company’s website, the company accepts no liability for unauthorised purchase of the products by a third party.

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