In certain circumstances, additional terms and conditions may apply. For example, when you purchase products from us, our Terms and Conditions of Sale will apply and when you register to create a merchandise store to sell your designs, our Merchandise Stores Terms and Conditions will apply. All of our terms and conditions are clearly set out in the "Terms and Conditions" link at the bottom of the Site for you to access at any time.
We may change these terms at any time by updating them, so please ensure that you check them regularly. By using the Site after any changes have been made to these terms, you will be deemed to have accepted the amended terms.
Most of the areas of the Site are accessible without registering your details with us. However, if you want to save your designs on the Site or sell your designs as a merchandiser, you will need to register an account. If you register an account with us, you should ensure that your login details (including any user ID, password or other piece of information that forms part of or security measures) is treated as confidential and is not revealed to anyone else. Where you are using the Site in the course of your business, please ensure that only the people who need to use the Site on your behalf, have access to your account login details. Where you suspect that anyone else knows your login details or has used your account, please let us know straight away by calling 0161 855 3961. We try to make the Site available 24 hours a day, but it is available free of charge and we do not guarantee that the Site or any content on it will always be available or that your use of the Site will be uninterrupted. You are responsible for making all necessary arrangements for accessing the Site. Access to the Site is granted on a temporary basis and we can change the arrangements for access to, deny access to, close or suspend part or the whole of the Site at any time, for any period of time, and for any reason without telling you beforehand and without liability.
The information available on the Site has been published in good faith and we will do our best to ensure that it is accurate and up to date. However, occasionally, there may be errors in the information or it may be incomplete or out of date due to human error or circumstances beyond our control. Our Terms and Conditions of Sale set out your rights where prices are stated incorrectly and where any products you receive do not match the description provided on the Site. Any reviews or opinions posted on the Site are for information purposes only and should not be taken as recommendations or advice.
We will try to ensure that the Site is free from viruses and other technically harmful material but unfortunately, due to the inherent risks associated with using the internet, we cannot guarantee this. Although we may carry out security measures for your protection, you acknowledge that it is your responsibility to carry out sufficient procedures and checks (including anti-virus and other security checks) to meet your needs.
You can create links to the Site but you should:
You must not copy, scrape, distribute, reproduce or modify any material printed or downloaded from the Site. You must not use any illustrations, photographs, video or audio sequences or any graphics from our website separately from any accompanying text, or remove any indications of ownership. Some of the material published on the Site (such as designs uploaded by our customers and displayed on the Site to demonstrate the types of products we create and sell) are not owned by us and you will need to obtain the consent of the owner before using any such material. You must not publish any copies of materials from the Site in any public forum (whether online or offline), or make any statements or take any actions that could result in liability for us. You must not, and must not attempt to, use the Site (including by uploading or submitting any designs, images or reviews):
All of the above are forbidden regardless of the means used and some of these acts constitute offences under the Computer Misuses Act 1990.
Unless otherwise stated, we are the owner or licensee of all intellectual property rights in the Site and the material published on it (including the "look and feel" of the Site). These rights are protected by laws and treaties around the world. You retain all of your ownership rights in the material that you upload or submit to us via the Site for customisation of products (your "Designs") (whether or not you order products from us). Where you save your Designs on the Site, you grant us a limited licence to store these Designs for you. We will not use the Designs in any other way unless you choose to place an order for products which incorporate the Designs. The Terms and Conditions of Sale set out your intellectual property rights should you order any products which incorporate the Designs and the Merchandise Storer Terms and Conditions set out your intellectual property rights where you sell your Designs through the Site.
If we think that you have breached these terms, we may take such action as we consider appropriate in the circumstances, including, but not limited to all or any of the following actions:
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable). As far as is legally possible, these terms are governed by, and shall be interpreted in accordance with, English law. Where you are a consumer, the courts of England and Wales shall have non-exclusive jurisdiction over any claim arising from, or related to, your visit or use of the Site. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction. Where you visit the Site in the course of your business, the courts of England and Wales shall have exclusive jurisdiction.
The Site is operated by Clothes2order Ltd., a company registered in England and Wales with company number 03048427, whose registered office is at Unit 9 Wheel Forge Way, Ashburton Road West, Trafford Park, Manchester. M17 1EH. Our VAT number is: GB677635487.
This clause 2 will only apply to the extent that You use the C2O Website to personalise Products.
By uploading or submitting any material (including an image, design, logo or word/phrase) ("Artwork") to personalise a Product on the C2O Website, You confirm that You have the right to do so and that the Artwork does not infringe the rights of any other person or entity. If You are a business customer, You shall fully indemnify Us on demand and hold Us harmless against any claim, costs, losses and expenses (including legal fees) that arise out of a claim that the Artwork infringes the rights of any third person.
You must not upload or submit any Artwork for customising a Product on the C2O Website that:
These conditions are known as Our "Personalisation Standards" and We will have the right to refuse to process Your order or to terminate Our Contract with You (without liability to the extent that You are a business customer) if We believe that You have not adhered to the Personalisation Standards.
By uploading or submitting Artwork on the C2O Website You grant Us a licence, at no cost, to use, reproduce, adapt, and publicise that Artwork (and allow any third party who assists Us to do so too) for the purpose of performing Our obligations and exercising Our rights under the Contract and to enable us to advertise Our Products and services to the public. Please note that this includes the right to modify the Artwork in order to conform it to the requirements of the Product You have ordered.
You will have no rights in the digitalised Artwork files which we create when You upload or submit Artwork on to the C2O Website. These files are created purely to enable Us to apply the Artwork to Products (i.e. they contain print or embroidery patterns) and We will not use the Artwork files except to the extent required to comply with Our obligations to You under the Contract. We will own all rights in such Artwork files and You have no rights or interests in such files.
We will endeavour to reproduce the colours of the Artwork with the print colours / embroidery cotton colours on the Products as closely as possible. We will choose the closest colour match possible but We are unable to guarantee that the colours will be an exact reproduction of the Artwork. All personalisation of Products ("Personalisations") are completed by hand. As such, We will endeavour to position the Artwork on the Product exactly as You have designed it on the C2O Website but We are unable to guarantee that the positioning will be an exact reproduction of Your Product design. You will not be able to reject or return Products on these grounds except to the extent that You feel that the Product no longer materially conforms to its Description in accordance with clause 8.
Where You choose to personalise a Product with Artwork, the quality of the Personalisation will be dependent on the quality of the Artwork We receive. Images may be uploaded in jpeg, jpg, gif, bmp, ai, eps, ps, pdf, png, psd, svg, tiff and tif format. Any other format such as Word documents cannot be accepted. The maximum upload size is 50mb. We recommend that all Artwork is at least 300 DPI (Dots Per Inch) but We will endeavour to contact You if We feel that the Artwork quality would not give a good end result. If We do so, You will be given the opportunity to upload/submit a new version of the Artwork or to confirm that You are happy for Us to proceed with the original Artwork. If We cannot contact You, We may proceed with Your order, or wait until We receive a response from You (at Our discretion). We will not be responsible and/or liable where the Artwork is poor quality and therefore the end Product (so far as the reproduction of the Artwork is concerned) is not of a high standard, regardless of whether We have contacted You or not. You will not be able to reject or return Products on the basis of the quality of the Personalisation where the Artwork You uploaded or submitted to Us was not of satisfactory quality.
We use several print processes for Personalisation (e.g. DTG printing, vinyl printing and screen printing). We will decide the most appropriate print process for Your order based on Your Artwork and the Product ordered (as the results produced by the different print processes vary depending on the material they are used on) and You will have no right to reject the Products on the basis of the print process used.
We aim to provide You with a quick, high-quality personalisation service. Please double-check Your order on screen to ensure that all the details are correct before submitting Your order as once it has been submitted, You will be unable to make changes. It is up to You to ensure that any material You have uploaded/submitted for inclusion on a Product is correct, and (for example) spelt correctly. If You notice a mistake with Your order in Your acknowledgement email, You can contact Us on 0800 012 2602 or 0161 855 3961 but We cannot guarantee that We will be able to amend Your order at this stage.
The price of the Products are as published on the Website when We receive Your order. As We primarily sell our Products on the C2O Website to businesses, prices are displayed exclusive of VAT but You can choose to view all prices inclusive of VAT by selecting this option at the top of the homepage. If You do not change the price settings, VAT will be added to Your order at the checkout. Prices on the Merchandise Store Website are inclusive of VAT. All prices are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website (and shown on the final checkout page for Your order) or as specified over the telephone or by email at the time You place Your order.
The following charges will also apply to Your order in addition to the price of the Products where You order personalised Products on the C2O Website:
These charges will be shown separately on the checkout page on the Website or will be specified clearly by Us on the telephone or by email. We estimate the cost of the Personalisation on the basis of normal customer requirements, e.g. that the Artwork will not be unusually large or require an unusually large amount of stitches for embroidery. Where it comes to Our attention that Personalisation is not in accordance with normal customer requirements, We reserve the right to refuse Your order or (if You are a business customer) to cancel the Contract without liability. We will notify You if this situation arises.
Prices for the Products may change from time to time, but changes will not affect any order You have already placed.
We sell a large number of Products and it is possible that some of Our Products may be incorrectly priced on the Websites. If We discover an error in the price of the Products You have ordered, We will contact You to inform You of this error and We will cancel Your order. If You are happy to order the Products at the correct amended price, please place a new order for the Products. We will refund any payment You have already made If We are unable to contact You using the contact details provided during the ordering process within 7 days of discovering the pricing error, We will treat the order as cancelled and notify You by email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing, We do not have to provide the Products to You at the incorrect (lower) price.
We accept payment by Visa, Visa Delta, Visa Electron, Mastercard, Maestro, PayPal, cheque or by BACS. Please be aware that Our acceptance of Your order is conditional on receiving full payment for the Products and therefore We will not process Your order until payment has been received. Where You pay by debit or credit card or PayPal, full payment will be taken at the time of placing Your order. Taking payment does not constitute acceptance of Your order and Your order will only be accepted in accordance with clause 1.1(f).
This clause 5.6 is an exception to the payment requirements in clause 5.5 and will apply to business customers only. We may agree to provide You with Products on credit terms. The terms of any credit agreement must be agreed in writing between You and Us prior to Us sending an Acceptance Email in order for such credit terms to apply to the Contract. Payment shall be made to the bank account nominated in writing by Us. Time of payment is of the essence.
If You fail to make any payment due to Us under the Contract by the due date for payment, You shall pay interest on the overdue amount at the rate of 3.5% above Barclays Bank PLC's base rate from time to time. Such interest will accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
You shall pay all amounts due under the Contract in full without setting off or deducting any amount owed by Us to You from the amount (except where this is a legal requirement).
You do not have a legal right to cancel Your order where You have ordered personalised Products or where You order Products as a business customer. The Products on the Merchandise Stores Website are deemed to be personalised products as they are made on a bespoke basis and have been designed as personalised products by merchandisers.
Where You are a consumer and place an order for blank Products (i.e. Products that You choose not to personalise on the C2O Website), You have a legal right to cancel Your order without giving any reason at any point within 14 days of the day after You receive the Products. Please note that in order to offer You a fast delivery service, Products are often despatched within hours of Us receiving Your order. Therefore, unless You exercise Your right to cancel immediately after placing Your order, it is unlikely that We will be able to stop Your order from being picked from our warehouse and despatched to the carrier, and You may need to exercise Your right to cancel in the same way as if You were to do so on receiving the Products. To cancel:
The Products must be returned unused with the original packaging.
Where You choose to cancel Your order under clause 7.2, We will ordinarily refund the full purchase price of the Products together with the standard delivery charge paid within 14 days of receiving the returned Products or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note that if You only want to return some Products but keep the rest of Your order, You may not be entitled to a refund of the delivery charge and You will only ever be entitled to a refund of the delivery charge that specifically relates to the cancelled Product(s). For example, if You paid £5 in delivery charges but You would have paid £4 for delivery if the cancelled Product had not been ordered, You will only be entitled to a refund of £1 in respect of the delivery charge paid. You must take care of the Products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them, or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
We will not be obliged to give You a refund if We do not receive the cancelled goods back so We recommend that whenever You return a cancelled Product to Us, You do so either by recorded delivery or courier so that You have proof of posting.