2. Shopping TermS
As with all legal terms and conditions, these get a bit technical and we're sorry if they sound rather formal. However, they are pretty standard and designed to enhance your shopping experience with us and make it as easy and secure as possible.
The terms and conditions apply to the use of the (border-embroideries.co.uk) website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions). Please note, these terms and conditions are regularly revised and may change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access the website.
If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order.
Your Representations
The following terms and conditions will apply between you and Border Embroideries Ltd ("Border Embroideries" or "BE Schoolwear") when you purchase an item from us. The terms do not affect your statutory rights.
You must be eighteen years old or above to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
You warrant that all details you provide to Border Embroideries for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
You agree that e-mail can be used as a long-distance means of communication.
During the registration process, you must choose a username and password.
You are responsible for all actions taken under that username and password and must only purchase from Border Embroideries under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform Border Embroideries as soon as possible.
It is a crime to use a false name or a known invalid credit card to order.
Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Border Embroideries tracks the electronic 'fingerprints' of every order placed online to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.
Border Embroideries reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
- You fail to make payment to us when due
- You breach any of our terms and conditions
- When requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
- We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on Border Embroideries
Indemnity
You agree to fully indemnify us, our officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of any breach by you of these terms and conditions or by your use of this website, or the use of any other person accessing this website using your shopping account or your personal information.
Prices
All prices stated on the website are inclusive of VAT where applicable, but exclusive of delivery charges, unless we tell you otherwise. Prices and availability of Products may be changed at any time without notice. The price at which you agree to purchase the Products is the price stated on this website at the time you place your order. Prices in our retail outlet may be different to the prices shown on this website.
The price payable for the goods you order or purchase is as set out in store and on our website at the time you submit your order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.
Catalogue prices are correct at time of going to press, and we reserve the right to update prices in future catalogues which will then supersede the prices in any previous catalogue. We also reserve the right to change the price of commodity goods, such as copper, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.
Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you (including Trade UK cards) and we are not bound by any individual order limit you may impose on your employees.
If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
The format of our invoice and statements to you will solely be dictated by us.
Colours
We make every effort to ensure that the images of the Products on our website are accurate. However, because of differences between monitors the colour you see of the Product may not accurately reflect its true colour.
Ordering
We will take all reasonable steps to ensure that your credit or debit card information (Confidential Information) is kept secure. However, we are not liable for any losses arising from unauthorised access by a third party to your Confidential Information.
On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Place order" button on the checkout page.
All orders placed by you and purchases of goods by you from us are subject to acceptance by us (See 'Acceptance' below for more information). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
Acceptance
Once you have placed an order on this website, we will send you an email confirming receipt of the order you have sent. We will not accept the order and complete the contract until we deliver the Products ordered. If there is a problem with your order, e.g a problem with your credit card or we do not have the Products ordered in stock, and we cannot accept the contract, we will tell you by email.
Payment
Where payment is made by credit or debit card, you authorise us to debit your card with the total cost of the Products selected including VAT and delivery charges. Any refunds made in respect of returns or cancellations will be made to the same card. Where payment has not been made in full, we may cancel your order and/or suspend any further deliveries to you.
Border Embroideries accept the following major credit/debit cards;
Please note we do not accept American Express Cards.
Liability
We are not liable for loss of profits, loss of business or other consequential, special or indirect loss, costs, expenses or other claims for compensation, whether caused by our negligence or not, arising out of or in connection with the Products or their use or resale by you. We are not liable to pay you any compensation other than a refund equal to the price of the Products that you have paid us for.
This clause is not intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. The risk of damage or loss of the Products passes to you when delivery is made. Delivery is made at the time we leave the Products at the address specified by you. We cannot accept any claims beyond this point. All implied warranties and undertakings are excluded to the maximum extent permitted by law.
Care Instructions
Where a product has care instructions, you must follow these instructions.
We are not liable for any loss or damage in the event that the instructions have not been followed.
Trademarks
All trademarks, brand names, copyrights, Product names and trade names are the property of their respective owners and we do not authorise any use which infringes those rights. Subject to this, you may view, print and download from our website for personal use only. Any other use of information or materials on this website is strictly forbidden without obtaining our written agreement first.
Errors and Omissions
We have made every effort to ensure that the information on this website and in any documentation we may send you ('Information') is accurate. However, we do not make any promises about the Information and we are not liable for any loss or damage, whether direct, indirect or consequential, which may happen as a result of relying on the Information, except where we are not allowed by law to exclude our liability.
Force Majeure
We are not liable to you for any failure or delay to supply or deliver or for any damage or defect to the Products that is caused by any event or circumstance beyond our reasonable control.
General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you),the validity, legality or enforceability of any other part of these conditions will not be affected. This agreement is governed by English law.
We do not give any contractual rights to third parties, and the Contracts (Rights of Third Parties) Act 1999 will not apply to any contract between us.
