BESPOKE TEAMWEAR – NEVER DISCONTINUED

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BESPOKE TEAMWEAR – NEVER DISCONTINUED

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TERMS & CONDITIONS

Updated 6th February 2025

Please read these terms & conditions carefully as they apply to all goods & services provided by TAG Sportswear (the Company) to you, the Customer. 

  • They form the sole agreement between the Company and the Customer and supersede and exclude to the extent possible by law:
    • any terms & conditions in previous orders, and
    • any statements, representations or conduct made or done prior to entering these terms & conditions.
  • This agreement shall be governed by the laws of England.
  • The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right. A power or right may only be waived in writing and signed by the party to be bound by the waiver.
  • Any provision in these terms & conditions which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of the terms & conditions.
  • These terms & conditions may only be amended or supplemented in writing, signed by both parties.
  • The rights, duties and obligations as well as the liabilities of the parties under these terms & conditions are several and not joint or collective. Each party shall be solely responsible for its obligations as specified in these terms & conditions.

QUOTES & ORDERS

  1. Quotes & orders are subject to the following:
    1. Prices given will show both net & including VAT amounts.
      1. The Company reserves the right to adjust prices.
      2. VAT will be shown at the prevailing rate at the time of the quote being given. It will be subject to any rate change introduced by the government.
  • Prices & payments will be strictly in Pound Sterling GBP only.
  1. Quotes will be valid 30 days from the initial or revised date the quote was raised.
  2. If not already stated, carriage charges are not included and therefore orders may be subject to additional carriage charges.
  1. Orders can be placed via email, telephone or online, BUT are subject to:
    1. The Company will supply the order details, either in paper or electronic form. This will need to be electronically approved by the Customer before order is put into process.
    2. Where bespoke items are ordered, the Customer will be supplied with pre-production graphics. These will need to be electronically approved before the order is put into process.
    3. Any pre-production payment due to the Company for the order will need to have been received by the Company before the order is put into process.
    4. Customer orders will be deemed as approved for production when all the following have been satisfied:
      1. The Customer has approved the written sales order electronically.
      2. The Customer has approved all pre-production graphics specific to the order.
  • The Company has received all pre-production monies due for the order.
  1. The Company has electronically confirmed the order has been approved for production to the Customer.
  1. Bespoke item orders have a 48-hour cooling off period from the time the Company has confirmed the order has been approved for production. The order cannot be cancelled after this time.
  2. Edits or changes to approved for production orders:
    1. The Company will not be required to carry out any edits or changes to fulfil its legal obligations to the order.
    2. Where possible the Company will seek to facilitate the Customers request, but this is not a guarantee to the Customer and will not be done at the detriment of the Company.
  • Where the Company has agreed to make changes to the order, both the Customer and the Company will need to follow the approved for production sequence previously stated for the revised order.
  1. A revised lead time will start from the date the revised order has been approved for production.
  1. The Company reserves the right to decline or cancel (full or part) orders any time prior to delivery without obligation.

PAYMENTS

  • Unless previously agreed, full payment of the order is required before being processed.
  • Where the Customer has been approved for special credit terms by the Company, the Customer must strictly abide by the terms agreed by both parties. The Company reserves the right to cancel these terms at any time.
  • Payment can be made via BACS, Card, Online, Cheque, or Cash.
  • Orders can only be invoiced to sponsors in the following circumstances:
    1. Sponsor name to be given at the time of order.
    2. Billing address is given at the time of order.
    3. It is for the Customer to chase any payment due by the sponsor. The Company accepts no responsibility or liability in respect of payments made or to be made by the sponsor.
  • For any monies owed to the Company which have exceeded the terms agreed with the Customer, the Company reserves the right to refer a collection agency or Company solicitor to recover the debt. The Customer will be responsible for all costs and expenses incurred by the Company in its pursuit to recover the outstanding debt.
  • The Company reserves the right to add a 4% monthly interest charge to any overdue amounts. This will be calculated on a daily basis.
  • The Company reserves the right to revoke any previously agreed special credit terms where the Customer has repeatedly breached the agreed credit account conditions.
  • The Company reserves the right to suspend or discontinue the supply of goods to the Customer where the Customer has defaulted on the agreed terms & conditions.

DELIVERY & TITLE

  • We aim to complete orders within the lead-time indicated at the time of the order being approved for production, however:
    1. The Company cannot and will not guarantee any definite delivery dates.
    2. Exceeding any indicated lead-time does not constitute a failure in the Company’s legal obligations to fulfil the order.
  • Full delivery details must be given to the Company by the Customer at the time of order and do not take any responsibility for incorrect details supplied by the Customer. Information required for courier services include:
    1. Recipients name,
    2. Recipients full address,
    3. Recipients telephone number, and
    4. Recipients email address.
  • Where goods have been unable to be delivered to the specified address for reasons outside of the Company’s control, whether that be any act, matter or thing, the Company in its sole discretion may store the goods at the Customers risk & expense to take such steps it considers appropriate.
  • The Company may withhold delivery of goods or services until the Customer has complied with the default or special terms & conditions agreed.
  • The Company will not be liable for any loss or damage whether in contract or otherwise and whether direct or indirect arising out of delay in delivery.
  • All risk for loss & damage to goods shall pass to the Customer upon delivery to the Customer or address specified by the Customer on order.
  • Pending full payment to the Company from the Customer, the Customer shall:
    1. Store goods in a way that clearly shows the Company’s title.
    2. In the event of resale or use before payment, the Customer shall account to the Company for the proceeds of the sale until full payment received by the Company.
    3. Where goods have been used to manufacture products for re-sale, the Customer agrees to hold the proceeds of any sale to the extent required to pay amounts due to the Company and agrees to pay such amount to the Company either on request or within the terms agreed.
  • The Customers right to possession of the goods shall cease and the Company may repossess the goods if,
    1. The Customer commits an available act of bankruptcy, or
    2. A company, receiver, or administrator becomes entitled to take possession of any assets, or
    3. Winding up proceedings are started against the Customer.
    4. The Company reserves the right to enter premises where the Company reasonably believes the goods might be.

RETURNS, REFUNDS & DEFECTS

  • No refunds will be given where the Customer has simply changed their mind.
  • Returns will only be accepted by the Company where:
    1. The goods provided do not comply with the approved order, or
    2. Goods are defective, and
    3. The Customer has given written notice to the Company of any claim upon reasonable inspection of goods within 14 days after the receipt of the goods.
  • Where goods are found to be defective, the Company agrees to replace or repair the goods, provided:
    1. The goods have been stored in a proper & appropriate manner.
    2. The goods are returned to the Company in the condition that they were delivered.
    3. The Customer has supplied the information of the order which the goods relate.
  • The Company shall not be liable for the normal variations which occur in:
    1. The colour & finish of materials used.
    2. The dimensions, weight, and quality of goods.
  • Where goods are supplied to the Customers specifications, the Customer indemnifies the Company from any liability, loss or damage suffered by the Company in respect of any claim that the goods infringe any patent design or similar rights.

COMPANY LOGO

  • The Customer agrees to have the Company’s logos & branding displayed on the goods in accordance with any specifications, illustrations, drawings or data supplied by the Company to the Customer or in accordance with the Company’s brand guide as amended from time to time.

INTELLECTUAL PROPERTY, DRAWINGS, DOCUMENTATION AND INFORMATION

  • All intellectual property rights in the goods is owned by the Company, with the exception of any Customer logos. The Customer agrees not to do anything to challenge or invalidate ownership of the of the Company’s Intellectual Property rights.
  • Where the Company has designed, developed or made drawings for logos to be used on or incorporated into goods for the Customer, then the Intellectual Property in those designs & drawings shall remain vested in the Company and shall only be used by the Customer in accordance with terms of trade or otherwise approved by the Company in writing.
  • Descriptive specifications, drawings, illustrations and data supplied by the Company to the Customer to support initial quotes & tenders are illustrative & approximate only. Final documents containing actual information for confirmed orders will be given for the Customer to approve prior to orders going into production.
  • Documents, drawings, graphics and other documents supplied to the Customer by the Company:
    1. Remain the property of the Company and constitutes confidential information owned by the Company.
    2. The Customer shall keep all such confidential information confidential and shall use it for no other purpose than stipulated by the Company.
    3. The confidential information shall not be provided to any third party unless written permission is received by the Customer from the Company.
  • Intellectual Property supplied by the Customer to the Company to use on or incorporated in goods to be supplied by the Company, the Customer must ensure that:
    1. The Customer owns or has been granted a valid licence to use the logo(s) being supplied, and
    2. The logo(s) to be used in the manner requested by the Customer will not infringe the Intellectual Property rights of any third party.
    3. The Customer acknowledges that it is the Customer alone who is responsible for checking, assessing and reviewing the likelihood of the Intellectual Property being used infringing the rights of any third party.
    4. The Customer agrees to indemnify the Company (including all officers, employees & agents of the Company) against any liability, loss, damage, expense or cost (including legal fees) which arise as a result of a claim, action, demand or proceeding brought by any third party relating to any infringement or alleged infringement of the third party’s Intellectual Property.
  • The Company may immediately terminate orders and Customer accounts if it becomes aware that any logo supplied by the Customer infringes or is likely to infringe the Intellectual Property of any person or entity.

FORCE MAJEURE

Should the Company be delayed, hindered or otherwise prevented from complying with these terms & conditions by reason of events or circumstances beyond the reasonable control of the Company including but not limited to acts of God, wars, riots, strikes, lockouts, trade disputes, breakdown of plant & machinery, accident, storm, fire, flooding, material shortages, labour, transport, or any other circumstances affecting the supply of goods & services, then the Company shall not be liable to the Customer for any loss or damage which may be suffered by the Customer whether as a direct or indirect result of any such occurrence.

Interpretation & Definitions

  • “The Company” means TAG Sports & Promotional Clothing Ltd, trading as TAG Sportswear.
  • “The Customer” means the individual or entity that purchases goods or services from the Company. Essentially the individual or entity that is legally bound to the terms & conditions of sale.
  • “Goods” means the items supplied to the Customer by the Company under the Terms & Conditions of sale set out on the Quote or Order.
  • “Services” means any act carried out for the Customer by the Company under the Terms & Conditions of sale set out on the Quote or Order.
  • “Quote” means the quotation provided by the Company to the Customer setting out the quoted price for the supply of goods and/or services.
  • “Order” means the legal binding contract between the Company and the Customer which specifies the particulars of the goods and/or services to be supplied by the Company to the Customer.
  • “VAT” is the tax payable by the Customer on taxable goods & services. The rate is set by the HMRC and can be changed at any point.  This is collected by the Company and paid to HMRC.
  • “Bespoke Items” mean the goods or services which have been produced to the specifications requested by the Customer.
  • “Pre-production Graphics” mean the graphics supplied to the Customer by the Company visually showing the bespoke goods to be produced by the Company for the Customer. They will contain specifications particular to that specific order and are to be used by the Customer to ensure & confirm that the order is for the goods they are expecting.
  • “Approved for Production” is the status of a current order from the Customer. This status is achieved when the sales order, the pre-production graphics, and payment terms have been satisfied by the Customer, and the Company has confirmed to the Customer that the order has been approved to enter the manufacturing system.
  • “Cooling Off Period” means the period of time allowed by the Company for the Customer to cancel the order.
  • “Lead time” means the length of time from the order being approved for production and the order being completed ready for delivery to the Customer.
  • “Special Credit Terms” means any financial terms that deviate from the standard requirement for the Customer to have fully paid an order before being approved for production.
  • “Sponsor” means the person or entity that will be paying for an order on behalf of the Customer placing the order.
  • “Company Logo” means logos owned by the Company.
  • “Customer Logo” mean any logo developed or provided by the Customer for use on or incorporation into the goods being supplied the Company.
  • “Intellectual Property” means all intellectual property, including any logos, patents, patent applications, trademarks, service marks, trade or business names, registered designs, unregistered design rights, copyrights, moral rights, know how, trade secrets, domain names, internet addresses, rights in confidential information, and all or any other intellectual properties, whether registered or unregistered, and including all applications and rights to apply for any of the same.
  • “Confidential Information” means information that is not public and is restricted to a certain group of people.
  • “Valid Licence” means the permission given by a person or entity for another to use their intellectual property.
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