Terms, Conditions & Refund Policy

1. Definitions

“Buyer” means the person, firm or company purchasing the Goods.

“Goods” means all products supplied, including bespoke, customised and branded merchandise.

“Seller” means Promo Branding Co Limited.

“Contract” means any agreement for the sale of Goods incorporating these terms.

“Working Day” means any day other than a Saturday, Sunday or public holiday in England.

2. Basis of Contract

2.1 All quotations are invitations to treat and valid for 14 days unless stated otherwise.

2.2 A binding Contract is formed upon the earlier of written acceptance, issue of invoice, commencement of production, receipt of a Purchase Order, or payment of a deposit.

2.3 These terms apply to the exclusion of all other terms.

2.4 No variation is binding unless agreed in writing by a director of the Seller.

3. Orders, Artwork & Approval

3.1 The Buyer is responsible for confirming spelling, artwork positioning, colours, quantities and specifications.

3.2 Production will not begin until written artwork approval is received.

3.3 Exact colour matching cannot be guaranteed unless expressly agreed in writing.

3.4 The Seller may substitute materials of equal or superior quality where required.

4. Price & Payment

4.1 Prices exclude VAT, delivery, duties and taxes unless stated otherwise.

4.2 The Seller may increase prices before delivery due to increases in materials, freight, exchange rates or regulatory changes beyond its control.

4.3 Payment terms are proforma from issue date unless otherwise agreed.

4.4 Time for payment is of the essence.

4.5 Late payment interest applies under the Late Payment of Commercial Debts (Interest) Act 1998.

4.6 Deposits are non-refundable.

4.7 Cancellation after PO, deposit, or artwork approval entitles the Seller to recover all incurred costs, including materials, labour, design and overheads.

5. Delivery & Risk

5.1 Delivery dates are estimates only and not guaranteed.

5.2 Risk passes upon delivery or attempted delivery.

5.3 The Seller is not liable for third-party courier delays.

5.4 Storage and redelivery charges apply where delivery cannot be completed due to Buyer fault.

5.5 EU & international shipments are supplied DAP (Delivered at Place). Import duties and taxes are the recipient’s responsibility.

6. Quantity Tolerances

6.1 For customised Goods, ±10% quantity tolerance is acceptable and chargeable.

6.2 Minor variations (2–3%) in colour, print placement, finish, fabric or sizing are industry standard and do not constitute defects.

7. Inspection & Acceptance

7.1 Goods must be inspected immediately upon delivery.

7.2 Visible defects, shortages or errors must be reported in writing within 48 hours.

7.3 Failure to report within 48 hours constitutes acceptance of the Goods.

8. Refund & Returns Policy

8.1 Bespoke or personalised Goods are non-returnable and non-refundable unless defective.

8.2 If Goods are faulty or incorrect, the Seller may request return for inspection before agreeing remedy.

8.3 Where fault is confirmed, the Seller may at its option:

• (a) replace the Goods;
• (b) reproduce the defective portion; or
• (c) refund the defective portion.

8.4 Refunds are processed to the original payment method within 14 days of approval.

8.5 Return shipping is covered only where fault is confirmed.

8.6 No Goods may be returned without prior written approval.

8.7 The Buyer must not distribute or use defective Goods prior to inspection.

9. Intellectual Property

9.1 The Buyer warrants it owns or has rights to use all supplied artwork and trademarks.

9.2 The Buyer indemnifies the Seller against all claims, losses, damages and legal costs arising from IP infringement.

9.3 Unless agreed otherwise, the Seller may photograph completed Goods for marketing purposes.

10. Retention of Title

10.1 Title remains with the Seller until full cleared payment is received.

10.2 Until title passes, Goods must be stored separately and insured.

10.3 The Seller may repossess unpaid Goods.

11. Limitation of Liability

11.1 Nothing excludes liability for death or personal injury caused by negligence, fraud, or matters which cannot lawfully be excluded.

11.2 Total liability is limited to the price paid for the Goods.

11.3 The Seller is not liable for indirect or consequential losses including loss of profit, business interruption or goodwill.

11.4 Claims must be brought within 6 months of delivery.

12. Force Majeure

The Seller is not liable for delay or failure due to events beyond its reasonable control, including supply chain disruption, government restrictions, industrial action or natural disasters.

13. Data Protection

Both parties shall comply with the UK GDPR and Data Protection Act 2018. The Seller’s Privacy Policy applies to all personal data processed.

14. Termination

The Seller may suspend or terminate the Contract if the Buyer fails to pay, becomes insolvent, or commits a material breach.

15. General

15.1 If any provision is invalid, the remainder continues in force.

15.2 The Buyer may not assign the Contract without written consent.

15.3 The Contracts (Rights of Third Parties) Act 1999 does not apply.

15.4 These terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.