Terms and Conditions
Before you place an order you should read these terms and conditions in full:
1. Conditions applicable
Unless otherwise agreed in writing by the Seller these Terms and Conditions of Sale shall prevail over any terms or conditions stipulated, incorporated or referred to by the Buyer in their Order or negotiations (whether written or oral). The Buyer acknowledges that it purchases the goods in the course of its business. Buyers under the age of 16 should not purchase from this site.
2. Returns: APLClothing Plain
It is our aim to offer excellent value for money and for you to be delighted with your purchase. If your garment is the an incorrect size, if you do not like, or do not want, your plain garments purchase, please send it back in a re-sellable condition, in its original undamaged packaging, and we shall arrange a refund. We do not accept returns of sale garments, underwear, or seasonal garments. Goods must be returned within 15 days of delivery. We advise you to use a carrier who provides a Proof of Delivery. If you would like us to arrange collection we will do so at a charge of £13.50+VAT per parcel. We will only accept return carriage cost if goods are faulty or incorrectly supplied.
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
3. Guarantee: APLClothing printed to order.
APLclothing embroidered or printed to order cannot be returned for credit unless there is an agreed manufacturing fault outside the industry tolerance for the type of garment and the type of print process. If this occurs the sellers liability will be limited to replacement of the goods.
4. Back orders
Generally if an item is out of stock it will be marked as such and online ordering will not be possible. In the event that an item is ordered and is not in stock we will back order it for you. We will proceed to fulfil any other items on the same order. You will be contacted with the option to cancel the back order item if you would rather not wait.
Please telephone 01903 202 333 or email if you would like to order an out of stock item for delivery when in.
5. Tax charges
We add the current rate of VAT to our prices on invoices to the UK.
Prices shown on our website are in GBP and are exclusive of VAT. Prices may change and offers may be withdrawn at any time.
APL may cancel an order for any reason including an item being out of stock, inability to obtain payment authorisation or because of a pricing or product description error. In this event any payment made by the buyer will be returned by the seller.
In the event that a Buyer does not approve a proof the Seller will have the right to charge for artwork and proofing.
In the event that the Buyer should cancel an order following commencement of production or delivery without prejudice to any other remedy the Seller will have the right to charge the contract price.
8. Terms of payment
Payment shall be on placing of order online or by telephone. For invoiced goods the Buyer shall pay all sums due to the Seller within 30 days of the date of the Seller's invoice notwithstanding that delivery of the goods may not have taken place. If the Buyer fails to make payment in full on the due date then without prejudice to any other right or remedy the Seller shall be entitled to cancel the contract and/or suspend any further deliveries and/or charge the Buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment with interest accruing on a daily basis.
9. Risk and property
In the case of goods to be delivered at the Seller's premises risk of damage to or loss of the goods shall pass to the Buyer at the time when the Seller notifies the Buyer that the goods are available for collection or in the case of goods to be delivered at the Buyers premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the goods the time when the Seller had tendered delivery of the goods. Notwithstanding delivery and the passing of risk in the goods the property in the goods both in law and in equity shall not pass to the Buyer until the Seller has received payment of the goods in full in cash or in cleared funds. Until such time as the property in the goods passes to the Buyer the Buyer shall hold the goods as the Seller's fiduciary Agent and Bailee and shall keep the goods separate from those of the Buyer and Third Parties and properly stored, protected, insured, clearly marked and identified as the Seller's property. Should the Buyer resell or otherwise dispose of the goods but not have accounted to the Seller for the price of the goods and all other goods agreed to be sold by the Seller to the Buyer and all other relevant monies it shall keep such proceeds of sale or other disposal that are due and payable to the Seller in a separate bank account and separate from any other monies or property of the Buyer and Third Parties. Until such time as the property in the goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and shall have irrevocable licence to enter upon any premises of the Buyer or of any Third Party where the goods are stored and re- posses the goods.
Delivery of the goods shall be made by the Buyer collecting the goods from the Seller's premises at any time after the Seller has notified the Buyer that the goods are ready for collection or if some other place of delivery is agreed by the Seller delivering the goods to that place. Any dates quoted for delivery are approximate only and the Seller shall not be liable for any delay in delivery of the goods. Date or time for delivery shall not be of the essence. Where the contract provides for the delivery of the goods by installments each installment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any one or more installments shall not affect the balance of the contract or entitle the Buyer to cancel the same. It is the Buyers responsibility to unload the goods from the vehicle making delivery. If the Sellers driver is obliged to unload the goods without assistance the Sellers reserve the right to charge a reasonable sum for such service.
If the Buyer opts out of signed-for delivery by the buyer, neither APL or their carrier will be responsible for any loss.
The Seller shall be under no liability in respect of any defect in the goods or materials arising from any defect in any drawing, design, information or specification supplied by the Buyer. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified to the Seller within 5 days from the date of delivery or in the case of latent defects within a reasonable time after the discovery of the defect and the Seller shall be entitled to replace the goods. Otherwise, in the absence of notification to the Seller in writing of any defect in the goods supplied the Buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects. The seller shall not be liable for any indirect or consequential loss of whatever nature and the sellers liability will be limited to replacement of product supplied.
12. Property rights etc.
The Buyer shall indemnify the Seller against all claims for infringement or alleged infringement of Third Party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyers order in accordance with the Buyers designs plans or specifications.
No responsibility shall be accepted for any errors in proof which have been submitted to the buyer and approved by the buyer. Errors can and do happen and the proof is submitted for checking with great care by the buyer for all content, colours, colour split, size, and positioning
14. Grammage or dimension
The Sellers do not guarantee exact quantity, grammage, or dimension in respect of any goods supplied and shall be deemed to have fulfilled their obligations under the contract by delivery or manufacture of plus or minus 10% of the grammage or dimension specified. The Seller reserves the right to make any changes in the specification of the goods which do not materially affect their quality or performance.
15. Colours and ink transfer
Whilst every endeavour will be made by the Seller to match colours, exact matching cannot be guaranteed. The Seller shall not be liable for damage resulting from any transfer of dye from a garment or ink from a printed garment.
16. Force majeure
The Seller shall not be liable for any failure to observe or breach of any of the terms hereof if the delay or failure was due either directly or indirectly to any cause beyond the Sellers reasonable control such as but not exclusively acts of God, explosion, flood, earthquake, subsidence, fire or accident, war or threat of war or preparation for war, sabotage, collapse of structure, breakdowns, industrial action, difficulties in obtaining raw materials or any other cause whatsoever beyond its reasonable control.
17. Insolvency of buyer
If the Buyer enters a voluntary arrangement with its creditors or has a petition for an Administration Order with its creditors or becomes subject to an Administration Order or becomes bankrupt or goes into liquidation or a Receiver and/or Manager or Administrative Receiver is appointed the Seller shall be entitled to immediately cancel the contract or any part thereof or suspend any further deliveries or require a cash payment before any delivery is made. If the goods have been delivered but not paid for the price shall become immediately due and payable.
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