1. Definitions
In these Terms and Conditions:
- “Company”, “We”, or “Us” refers to PG Branding, trading name for HG Merchandise Ltd.
- “Customer” or “You” refers to the person or entity placing an order with the Company.
- “Goods” refers to the products and services provided by the Company.
- “Contract” means the agreement between the Company and the Customer for the sale and purchase of Goods, incorporating these Terms and Conditions.
- “Working Day” means any day other than weekends and English bank, statutory, or public holidays.
2. Contract Formation
2.1. A binding Contract between the Company and the Customer is formed when the Company accepts the Customer’s order in writing, which may be via email or other electronic communication.
2.2. By placing an order, the Customer acknowledges and accepts these Terms and Conditions to the exclusion of all other terms, including any standard terms of the Customer, unless otherwise agreed in writing by a director of the Company.
2.3. Any variations to these Terms and Conditions must be agreed upon in writing by a director of the Company.
3. Pricing and Quotes
3.1. Unless otherwise agreed in writing, the price of the Goods shall be as stated in the Company’s quotation or, if no quotation is provided, as listed in the Company’s price list at the date of order acceptance.
3.2. All prices are exclusive of VAT, which will be charged at the prevailing rate at the time of dispatch.
3.3. Prices are exclusive of carriage and delivery charges unless otherwise specified.
3.4. The Company reserves the right to alter prices at any time prior to Contract formation without notice.
3.5. Quotations are valid for 30 days from the date of issue unless otherwise stated.
4. Payment Terms
4.1. First Orders: Payment is required before any order is dispatched for the first three orders unless credit facilities have been approved in advance.
4.2. Credit Accounts: Approved credit account invoices are payable in full within 30 days from the date of the Company’s invoice.
4.3. Credit Facilities: The Company reserves the right to withdraw credit facilities at any time without notice. Credit facilities are subject to satisfactory credit checks and may be reviewed periodically.
4.4. Payment Methods: Accepted payment methods include bank transfer and credit card. A convenience fee of 1.5% may apply to credit card payments.
4.5. Late Payments: The Company reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (interest) Act 1998 on all overdue accounts, accruing daily until payment is made in full.
5. Artwork and Intellectual Property
5.1. Artwork Submission: The Customer is responsible for providing high-quality original artwork in the format specified by the Company. Please refer to our Artwork Guidelines for detailed requirements.
5.2. Approval Process: A proof will be supplied for approval prior to the personalization of the Goods. Production will not commence until the Company receives written approval of the proof from the Customer.
5.3. Intellectual Property Rights: The Customer warrants that they have the legal right to use any logos, designs, or trademarks supplied to the Company and shall indemnify the Company against any infringement claims arising from the use of such materials.
6. Cancellation and Returns
6.1. Order Cancellation: Cancellation of orders must be made in writing. The Customer may be charged for any work carried out up to the date of cancellation.
6.2. Non-Cancellable Items: Once artwork has been approved and production has commenced, personalized or bespoke Goods cannot be cancelled, and the Customer will be liable for all charges related to the order.
6.3. Returns of Personalized Goods: All personalized or printed Goods are non-returnable due to their bespoke nature and cannot be resold.
6.4. Faulty Goods: If the Goods supplied are faulty or do not match the approved proof, the Customer must notify the Company in writing within 5 Working Days of receipt. The Company will, at its discretion, offer to reprint the Goods or provide a refund.
6.5. Limitation of Liability: The Company’s liability is limited to the replacement of faulty Goods or a refund of the purchase price and does not extend to any indirect or consequential losses.
7. Delivery
7.1. Delivery Estimates: Delivery times are estimates only and are not guaranteed. The Company will not be liable for any delays in delivery caused by circumstances beyond its control.
7.2. Delivery Address: Delivery of the Goods shall be made to the address specified by the Customer at the time of order.
7.3. Risk of Loss: Risk of loss or damage to the Goods passes to the Customer upon delivery.
7.4. Partial Deliveries: The Company reserves the right to make partial deliveries and invoice accordingly.
7.5. Non-Delivery and Shortages: The Customer must notify the Company in writing of any non-delivery or shortages within 5 Working Days of the expected delivery date.
8. Transfer of Property
8.1. Retention of Title: Title to the Goods shall remain with the Company until payment in full has been received for the Goods and any other sums due.
8.2. Repossession Rights: If the Customer fails to make payment when due, the Company reserves the right to repossess the Goods and may enter the Customer’s premises for this purpose.
9. Force Majeure
9.1. The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond the Company’s reasonable control, including but not limited to acts of God, war, strikes, lockouts, pandemics, or governmental actions.
9.2. The Company will notify the Customer as soon as reasonably practicable of any such event affecting its ability to perform its obligations.
10. Limitation of Liability
10.1. The Company’s total liability in respect of any Contract shall not exceed the price paid by the Customer for the Goods.
10.2. The Company shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Contract.
11. Data Protection and Privacy
11.1. GDPR Compliance: The Company is committed to protecting the Customer’s personal data in accordance with the General Data Protection Regulation (GDPR).
11.2. Use of Personal Data: Personal data provided by the Customer will be used solely for the purpose of fulfilling orders and will not be shared with third parties without the Customer’s consent, except as required by law.
11.3. Privacy Policy: For more information, please refer to our Privacy Policy.
12. Electronic Communications
12.1. The Customer agrees to receive communications electronically and acknowledges that all contracts, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
13. Amendments to Terms
13.1. The Company reserves the right to amend these Terms and Conditions at any time. Any significant changes will be communicated to the Customer.
13.2. Continued use of the Company’s services after such amendments constitutes acceptance of the updated Terms and Conditions.
14. Governing Law and Jurisdiction
14.1. These Terms and Conditions and any Contract between the Company and the Customer shall be governed by and construed in accordance with English law.
14.2. The parties agree that the courts of England shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms and Conditions or any Contract.
15. Telephone Calls
15.1. For security and training purposes, telephone conversations may be recorded.
16. Company Information
16.1. Company Name: HG Merchandise Ltd T/A PG Branding
16.2. Registered Address: Unit B1A, Crimple Court, Hornbeam Park, Harrogate, North Yorkshire, HG2 8PB
16.3. Company Registration Number: 10127945
16.4. VAT Number: GB 240 7488 04
17. Contact Information
For any queries or concerns, please contact us at:
- Telephone: 01423 878000
- Email: sales@pgbranding.com