Terms and Conditions
Please read the Terms carefully before You place any orders with Us as they explain important information about the basis on which We sell Products to You. You should print and save a copy of the Terms for Your records.
By placing an order with Us, You agree to be bound by the Terms. If You do not accept the Terms, You should not order any Products from Us.
We may change the Terms from time to time so please read the terms carefully each time You place an order with us.
- CONTRACT FORMATION
- To purchase Products through the Websites, the process is as follows:
- You must select the Products you wish to customise or order and add them to Your basket;
- when you choose to go to the checkout, You will be guided through the checkout process. If you want to correct any errors You have made, you can do so during this process and We encourage You to check carefully as You will be unable to make changes to Your order once submitted;
- Your order is placed when You click on the “Confirm order & Pay” button at the end of the checkout process;
- an automated message will appear on the Website immediately after You have placed Your order. This is not an acceptance of Your order;
- We will send You an email acknowledging Your order. Your order has still not been accepted at this point;
- We will then send You an email confirming that We accept Your order (“Acceptance Email“). At this point, a binding contract is formed between You and Us save that Our acceptance will be conditional on receiving full payment for the Products in accordance with clause 5.5. We may need to accept Your order in installments (for example, where You have ordered personalised t-shirts and personalised jumpers and the latter is not in stock). We do this to ensure that We can deliver Products to You as quickly as possible. Each installment will constitute a separate contract, formed when We send You an Acceptance Email for that installment, subject to us receiving full payment for the Products in accordance with clause 5.5; and
- We will send You a further email when We are ready to dispatch Your Products.
- The contract will be concluded in English.
- You can also order Products by telephone or email. Any such telephone or email orders shall constitute an offer by You to purchase Products on these Terms. Orders cannot be accepted over the phone. Your order will only be accepted when We send You an Acceptance Email.
- If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available, We will inform You of this by email or telephone and We will not process Your order.
- To purchase Products through the Websites, the process is as follows:
- PERSONALISATION OF PRODUCTS
- This clause 2 will only apply to the extent that You use the 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 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 Website that:
- is inaccurate, defamatory, obscene, offensive, indecent, pornographic, abusive, blasphemous, hateful, threatening, inflammatory, in breach of privacy or which may cause annoyance, upset, anxiety, embarrassment or inconvenience to any other person;
- discriminates based on race, sex, religion, nationality, disability, sexual orientation or age;
- attempts to deceive any person or be used to impersonate any person, or to misrepresent Your identity or relationship with any person;
- gives the impression that it originates from Us, if this is not the case;
- includes any data relating to another person that personally identifies them, such as their address, telephone number, or email address, without their express approval. By uploading or submitting any such content, You agree that You have obtained this approval;
- supports, promotes or assists violence or any unlawful act; or
- infringes anyone’s rights (including intellectual property rights). In particular, You must ensure that You either own the copyright in any Artwork that You upload or submit or that You are fully licenced by the copyright owner to use the Artwork on the Product, that You are not infringing any third party’s trademark (whether registered or not), or breaching any duty of confidentiality to any third party.
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 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 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 endeavor 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 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 1337 269 but We cannot guarantee that We will be able to amend Your order at this stage.
- We will deliver the Products to the address specified by You when placing Your order (the “Delivery Address“) so long as You provide a valid address for delivery. The delivery method We use may depend on the Delivery Address and the number of Products You order and delivery practices may vary from one carrier to another.
- If You choose to take advantage of Our express dispatch offer (if available), You will be subject to the express dispatch terms. Please read these terms carefully and ensure that You are happy with them before choosing the express dispatch option.
- We aim to deliver Products within the indicative timescales shown on the Website. However, time is not of the essence for delivery or performance and, except in respect of guaranteed express dispatch, all delivery dates specified on the Website and in any correspondence are estimates only. This means that We will not be responsible if Products are delivered outside of those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Products within the indicated timescale, We will use reasonable efforts to let You know and give You an amended delivery estimate. Where You select express dispatch and We are unable to deliver Products in accordance with the times given, You can ask Us to refund the delivery charge. If You are a business customer, this will be Your only remedy. We strongly advise that You order Products well in advance of the date by which they are required.
- We will notify You by email when the Products are dispatched to let You know what date the Products will be delivered. The carrier will then be in touch with more detailed delivery information. You need to ensure that if You are not available to take delivery of the Products at the time the carrier specifies, you rearrange delivery with the carrier (e.g. so that the Products are delivered the next day or to a neighbour).
- If the carrier is unable to deliver the Products to You We reserve the right to charge You for the cost of redelivering the Products (at the same price as the original delivery method). If We do so, You will need to pay this redelivery cost before We will deliver the Products.
- Please take care of the Products when You receive them. The Products will be at Your risk from the time of delivery.
- If You order more than one Product, We may deliver the Products in multiple installments.
- If You are a business customer and We fail to deliver the Products, Our liability will be limited to a full refund of the price paid under the Contract for the Products (inclusive of all additional costs paid by You in accordance with clause 5) and the delivery costs.
- INTERNATIONAL DELIVERY
- The price of the Products are as published on the Website when We receive Your order. As We primarily sell our Products on the 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 Website:
- a one-time setup charge for each new Artwork uploaded or submitted onto the Website for customising Products. The cost will be determined by the type of Artwork You wish to use (i.e. printed text, embroided text, printed logo or embroided logo);
- a charge for the application of the Artwork onto each Product (i.e. the cost of Personalisation). The cost will depend on the total number of Artworks to be applied to Your order as a whole (i.e. the number of Artworks to be applied to each Product times by the number of Products purchased); and
- a fast production charge where You select the fast production option for Your order.
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, American Express, 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).
- DISCOUNTS AND OFFERS
- We may offer discounts from time to time at Our discretion. All discounts and offers are subject to the relevant Products being available to Us and in stock when We accept Your order.
- We will always stipulate an expiry date for a discount or offer and to qualify Your order must have been accepted by the relevant expiry date to benefit from the discount or offer.
- We reserve the right to amend or terminate the discount or offer where circumstances outside of Our control make this necessary.
- 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 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 dispatched 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 dispatched 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:
- You must let Us know that You wish to cancel by contacting Us to tell Us using any of Our contact details set out in paragraph 13. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or fax confirmation report; and
- You must return any Products delivered to You to Us (at Your own risk and cost) within 14 days of notifying Us that You wish to cancel by sending them (by recorded delivery or courier) to:
Dragon Scholwear Ltd
Mofa Clwyd Business Centre
Marsh Road, Rhyl
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 canceled Product(s). For example, if You paid £5 in delivery charges but You would have paid £4 for delivery if the canceled 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 canceled goods back so We recommend that whenever You return a canceled Product to Us, You do so either by recorded delivery or courier so that You have proof of posting.
- FAULTY PRODUCTS
- We warrant that the Products that We supply will materially comply with the main characteristics stated in their Product description on the Website (including the brand, colour, measurements, style and material of the Products) (the “Description”). Please note that Colours and appearances of Products and Artwork on computer, tablet or mobile device screens may vary slightly and may not accurately reflect the Products or the Artwork delivered. Any slight variations in the colour of the Products (including slight variations in the colour of Artworks) will not count as a material deviation from the Description. Please also make sure that You are happy with the measurements given on the Website for Products before You place Your order as sizes differ between brands and a problem with the size of Products will not count as a defect or fault unless the Products differ materially from the sizes given in the Description.
- If You are not happy with the quality of a Product, feel that there is a fault with a Product, or believe that a Product does not materially comply with its Description, please contact Our customer services team on 0800 1337 269 or by submitting an enquiry on the ‘Contact Us’ form of the Website. We will inspect the Product and if We accept that there is a default, fault or material variation from the Description We will either replace it or refund the full purchase price for the Product (including any delivery charge, the extra charges set out in clause 5.2 and Your cost of returning the Products to Us). Your right to a refund or replacement will be conditional on the defect or fault not having been caused by usual wear and tear, deliberately or accidentally, or by Your negligence and that the Product has not been misused, altered or repaired without Our approval and is subject to You returning the Product to Us at the address set out in clause 7.2(b) within a reasonable period.
- If, on inspecting the Product, We find that there is no defect, fault or material deviation from the Description, Your right to receive a refund is limited to Your legal right to cancel as set out in clause 7.2 (if applicable). We will contact You to let You know if this is the case and You will be required to collect the Product or pay for Us to re-deliver the Product.
- Any refund or replacement under this clause 8 will be issued as soon as possible and in any case within 30 (thirty) days of You returning the Product to Us.
- Whenever You return a Product to Us because You believe it is faulty, defective or does not comply materially with its Description We ask that You do so either by recorded delivery or courier so that You have proof of posting. We will not be responsible for any Product that is lost or damaged in the post.
- OUR LIABILITY
- This clause 9 will apply to business customers only.
Nothing in these Terms will limit or exclude Our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
- Neither We nor You will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- Subject to clause 9.1, We will, under no circumstances, be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 9.1, Our total liability to You in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount paid under the Contract.
- Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your (or Your business’) purposes.
- You agree that You will not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
- You shall fully indemnify Us on demand against any claim, costs, losses (including loss of profit), and expenses (including legal fees) whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise that arise out of Your breach of any of Your obligations under the Contract.
- This clause 9 will apply to business customers only.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable to You for any delay or failure in the performance of Our obligations under the Contract to the extent that such delay or failure results from circumstances, acts or events beyond Our reasonable control, including without limitation, traffic, weather, war, terrorism, riots, civil unrest, fire, flood or other acts of God, industrial action, strikes or lock-outs, failure or delay of supplies of power, fuel, transport, equipment or other goods or services for which a substitute is not available (an “Event Outside Of Our Control”).
- If an Event Outside Of Our Control takes place that affects Our ability to perform Our obligations under the Contract, We will contact You as soon as reasonably practicable and Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Of Our Control.
- You may cancel a Contract in respect of the Products delayed or not deliverable as a result of an Event Outside Of Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, We will refund the price You have paid for the affected Products, including any delivery charges and other charges specified in clause 5.2.
- Every time We accept an order from You, the Terms in force at the time of You placing Your order will apply to the Contract between You and Us.
- OTHER IMPORTANT TERMS
- We may transfer Our rights and obligations under the Contract to another organisation. You may only transfer Your rights or obligations under the Contract to another person if We agree in writing.
- The Contract is between You and Us. No other person will have any rights to enforce any of its terms.
- Each of the clauses of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- If We fail to insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
- The Contract is governed by the laws of England and Wales. To the extent that You are a business customer, You agree to submit to the exclusive jurisdiction of the courts of England and Wales. To the extent that You are a consumer, You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. This means that You can bring a claim in Your country of residence and You may be able to apply the law of Your own country to the Contract.
- INFORMATION ABOUT US
- We are Dragon Schoolwear Limited, an English company registered in England and Wales (company number 09993566) at Morfa Clwyd Business Centre, Marsh Rd, Rhyl. LL18 2AF
- You may contact Us by telephone on 0800 1337 269 at any time between 8am and 7pm, Monday to Friday, by e-mail to email@example.com, or by using the enquiries form on the ‘Contact Us’ section of the Website. Whilst We hope You will not need to, You can use these contact details if You wish to make a complaint.