Terms & Conditions
RED Sportswear Ltd.
Terms & Conditions for Sale of Goods
In this document the following words shall have the following meanings:
“Buyer” means the organisation or person who buys Goods
“Goods” means the articles to be supplied to the Buyer by the Seller;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
“Seller” means RED Sportswear Limited, Unit 10, Maltings Industrial Estate, Maltings Road, Battlesbridge, Essex, SS11 7RH
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
RED Sportswear may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by RED Sportswear. Your continued use of www.redsportswear.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Price and Payment
the price shall be the recommended retail price, less agreed discount, unless other agreed in writing between parties. The price is exclusive of VAT or any other applicable costs, unless otherwise stated.
Payment is due prior to the commencement of the manufacturing of the product.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer.
The buyer accepts that delivery will be within 7 days of the date supplied by the seller, if the goods are needed for an event please order giving 35 days notice of the date.
The buyer accepts that the seller holds no responsibility for the loss or late delivery of goods leading to loss of earnings.
The seller accepts no responsibility for the late delivery of goods leading to loss of earnings.
The seller accepts no responsibility for any losses incurred due to date of delivery.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 7 days of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
LIMITATION OF LIABILITY
The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
The names, images and logos identifying RED Sportswear, or third parties and their products and services are subject to copyright, design rights and trade marks of RED Sportswear and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of RED Sportswear or any other third party.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Governing law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
RETURNS AND REFUNDS
Bespoke garments are 'made to order' and are based and created on customer approval of all order details provided to the RED sales team. Refunds and/or returns for bespoke kit orders with an approved customer order will not be accepted.
In a situation where Red Sportswear has failed to comply with the approved customer order instructions through either errors, omissions or the product is faulty, we will attempt to replace the product as soon as possible.
Any issue or fault with a bespoke order must be made by email to email@example.com within 7 days of delivery. The product must be retained in an unused condition and the cost of any loss or damage of the product will be charged to the customer
If there is any conflict between these terms and specific terms appearing elsewhere on www.redsportswear.co.uk (including local house rules) then the latter shall prevail.