TERMS AND CONDITIONS
Please read all of our terms and conditions below before placing an order.
Latest revision: 14th November 2017
These Terms and Conditions will apply to the purchase of goods by you (the Customer or you), from 42 Clothes for Kids t/a 42 Custom Fabric (the Supplier or us or we).
These are the Terms and Conditions on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
42 Custom Fabric reserves the right to update these Terms and Conditions from time to time, and any update comes into effect as soon as it is published here on the website.
- Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Customer’s shipping address where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order.
- The description of the Goods is as set out in our website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
- Digital mock ups of the Goods provide rough approximations of the finished article and colours may vary slightly due to monitor and device calibration, the process used to print the fabrics and also between the base fabrics due to their different compositions. Orders cannot be cancelled or refunded on the basis of differences in the shade of the design on the final printed fabric. In particular polyester bases differ from cotton as the printing process and inks used are different to those used on natural fibres so some degree of colour difference is to be expected.
- In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
- Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
- Payment for Goods must be made in advance of delivery. You must pay via PayPal when placing your Order and we will take payment immediately.
- We offer a Layaway service for Orders placed for preorder custom fabric, additional terms apply please see below.
- The minimum Order value to qualify for the Layaway service is £30, prior to the delivery charge being applied to the Order.
- To use the Layaway service you must apply the coupon code layaway at checkout, which will reduce your Order value by 70%.
- 30% of the Order value is payable immediately upon placing the Order.
- You will be invoiced separately for the remaining Order value and payment in full for this must be made within 14 days from the round closing.
- If your Order has not been paid in full within this period, your Order will be cancelled and any payments you have made will be refunded, minus a 10% restocking fee.
- Failure to pay for a Layaway Order in full by the date required, may result in the suspension, either temporary or permanent, of the Layaway facility on any future orders you may make.
- No extension to the 14 day payment period will be made, unless it is agreed by the Customer and the Supplier in writing.
- We reserve the right to withdraw the Layaway facility at any point in the future, without prior notice.
- Custom Designed Care Labels are considered bespoke and are not eligible for cancellation, returns or refund.
- 42 Custom Fabric shall not be liable for any loss or damage of any nature caused by or arising from errors in or material omissions from the Goods.
- You are responsible for having the legal right to print any images and logos that you are using; 42 Custom Fabric accept no liability and can not be held responsible for any trademark or copyright infringements.
- You are responsible for supplying 42 Custom Fabric with correctly formatted artwork, a high resolution jpg, pdf or png of no less than 300 dpi.
- Due to the stretch nature of the fabric and the printing process some labels around the edge of the metre may curl after washing and drying and may therefore be difficult to use. As such the exact quantity of labels is difficult to state for the purpose of the listing, however you will not be left with less than 300 usable labels.
- Lightweight typefaces, small fonts, paler colours and very detailed logos may not print as clearly as, for example, bold colours with high contrast. Ultimately the responsibility lies with you on the final decision and we cannot be held liable for any print issues caused as a result of this decision.
- Due to the print process, digital printed fabric can contain small flaws along the length of the fabric. For our own orders we ensure that we order extra over to account for this and cut out any flaws. With small order quantities such as this we are unable to do this so please bear this in mind. Small flaws may include such things as small white specks, some small amounts of ink transfer etc, none larger than a 10p piece. We would inspect the fabric prior to sending and if there are larger flaws then a seconds discount of 10% off per half metre affected will be offered.
Mini Embroidery Hoop Necklaces
- Mini Embroidery Hoop Necklaces are sold in kit form and consist of the pieces required to assemble your own necklace by adding a piece of fabric. They do not come readily assembled and the photographs are for illustration purposes of the completed item only.
- You cannot use the mini embroidery hoop necklace as an embroidery hoop, you can use it for jewellery or craft purposes only.
- The scraps of our own fabric that we include are selected at random from options that we currently have available. They may not be the same as those depicted in the product listing and 42 Custom Fabric reserves the right to change them when we please and without prior notice.
- Due to the design of the necklace we advise the use of thinner fabrics such as poplin or a light weight jersey. 42 Custom Fabric will not be liable for any damage caused if you break the necklace on assembly by forcing it over a thick fabric.
- The necklace is made of wood and you should not submerge it in water or expose to extreme conditions in order to best preserve it.
- By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature. By accepting these Terms & Conditions of service, you acknowledge that your subscription has this recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
- Following your initial subscription period month, your subscription will be automatically renewed for the same renewal period as your previous subscription, at the original subscription rate.
- 42 Custom Fabric may submit period charges monthly, without further authorisation from you, until you provide notice that you have terminated this authorisation. Such notice will not affect charges submitted before 42 Custom Fabric could reasonably act.
- By subscribing to our Panel Club Subscriptions you agree to allow 42 Custom Fabric to take recurring monthly payments via PayPal of the figure shown plus P&P. Delivery costs will be added when you view the items in your shopping basket. 42 Custom Fabric reserves the right to alter its subscription fees at any time however, at least 28 days written notice will be provided should this occur.
- Subscription payments will be taken on the 1st day of every month and Panels will be dispatched on or before 10th of the same month. The cut off date to receive the current month’s box is the last day of the previous month
- Should you wish to cancel, you can do so at any time. To terminate your authorisation please either login to your account, or contact us by email at email@example.com. Any cancellations need to be done prior to 5pm of the last day of the previous month to prevent the charge for that month.
- If you cancel your subscription you can re-subscribe at any time following your cancellation. However, we reserve the right not to permit re-subscription in instances where we have previously elected to terminate your subscription.
- If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
- We reserve the right at our absolute discretion not to renew your subscription at any time, without giving any reasons for our decision.
Print Your Own Service
- Goods ordered on our Print Your Own service are considered bespoke and are not eligible for cancellation, returns or refund.
- Due to the print process, digital printed fabric can contain small flaws along the length of the fabric. For our own orders we ensure that we order extra over to account for this and cut out any flaws. When using our Print Your Own Service, the small order quantities prevent this so please bear this in mind. Small flaws may include such things as small white specks, some small amounts of ink transfer etc, none larger than a 10p piece. We would inspect the fabric prior to sending and if there are larger flaws then a seconds discount of 10% off per half metre affected will be offered. Although we will endeavour to supply your order in one continuous length, it may not be possible to do so due to the print process and the removal of major flaws. Goods that are not supplied in continuous lengths will not be eligible for a refund as this is not a flaw. Also please be aware that due to the nature of the printing process, your design may be a little longer or shorter than requested. If it is shorter, then we will refund the difference, if it is longer then we shall give you the option to either purchase the additional or we will dispose of it.
- You are responsible for having the legal right to print the images you are using; 42 Custom Fabric accept no liability and can not be held responsible for any trademark or copyright infringements. If it is an obvious copyright, we have the right to refuse to print.
- You are responsible for supplying 42 Custom Fabric with correctly formatted artwork, a jpg, png, pdf or tif of no less than 300 dpi, and confirming the icc profile or Pantones to be used. Artwork must be supplied in CMYK, 42 Custom Fabric will not be liable for any colour differences that occur as a result of artwork being supplied in RGB format. You must verify the image scale in centimetres, not pixels. 42 Custom Fabric will not be responsible for checking that your artwork has been supplied in the correct format and will not liable for any issues arising as a result of incorrectly supplied artwork, be that low print quality, distortion of the final image, incorrect scale specified etc.
- Your printed fabrics will not be used by us in any way. They remain your designs and property, we merely facilitate the printing.
Back Order Fabric
- Due to the print process, digital printed fabric can contain small flaws along the length of the fabric. For our own orders we ensure that we order extra over to account for this and cut out any flaws. When using our Back Order Service, the small order quantities prevent this so please bear this in mind. Small flaws may include such things as small white specks, some small amounts of ink transfer etc, none larger than a 10p piece. We would inspect the fabric prior to sending and if there are larger flaws then a seconds discount of 10% off per half metre affected will be offered. Although we will endeavour to supply your order in one continuous length, it may not be possible to do so due to the print process and the removal of major flaws. Goods that are not supplied in continuous lengths will not be eligible for a refund as this is not a flaw. Also please be aware that due to the nature of the printing process, your design may be a little longer or shorter than requested. If it is shorter, then we will refund the difference, if it is longer then we shall give you the option to either purchase the additional if you wish.
- We will aim to deliver the Goods to the Delivery Location by the time or within the period agreed. Please note the lead times provided on the individual product listings as a guideline.
- The time of delivery is approximate only, and 42 Custom Fabric shall not be liable for any delay in the delivery and completion of the order, howsoever caused.
- In any case, regardless of events beyond our control and with the exception of Bespoke Goods, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- Bespoke Goods are not eligible for cancellation, returns or refund. These include but are not limited to: Print Your Own Fabrics and Care Labels. These are considered bespoke and as they are custom printed for you, you should be aware that from time to time delays beyond our control may occur and do not constitute a reason for cancellation. Whilst we will endeavour to meet the leadtime specified upon the product listing, time is not to be of the essence for any Bespoke Goods.
- For items that are not considered bespoke, if you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- For deliveries to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands you may need to pay import duties or other taxes, as we will not pay them.
- All parcels include £20 insurance as standard, if you would like additional insurance to cover the value of your basket then please select the insured option at checkout. 42 Custom Fabric is not responsible for any lost, damaged, or stolen parcels.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- You agree that we may refund part of your Order, if we suffer a shortage of stock or other genuine and fair reason that prevents us from fulfilling that part of your Order.
- The Goods will become your responsibility from the completion of delivery. We recommend that you inspect them upon receipt.
Returns and Refunds
- Please inspect your Goods within three days of receiving it, you are eligible for a full (on return of the Goods) or partial refund if:
- Your fabric is cut shorter than stipulated in the Contract prior to washing.
- Your fabric contains flaws that are larger than, i.e can not be obscured by, a 10 pence piece.
- If, after washing, your fabric has shrunk beyond the industry standard tolerance of 5%.
- Flaws around the selvedge and tiny speckles/white dots will not be refunded. For the purpose of understanding, the selvedge is considered to be any fabric that falls outside the advertised width.
- Marks on the reverse of the fabric, providing they do not show through to the printed side, are not considered flaws and will not be eligible for refund.
- Fabric that has been cut and washed by you will not be eligible for any refund.
- Flawed fabric will be sold on an “as is” basis and will clearly state within the Goods description that it is flawed. Flawed fabric is sold on a discounted basis and is not eligible for refund.
- We will always strive to fulfil Orders placed for multiple quantities of a particular fabric in continuous lengths, however this is not always possible. Goods that are not supplied in continuous lengths will not be eligible for a refund as this is not a flaw. No single piece of fabric will be cut shorter than originally advertised.
- If you require a return or refund, in the first instance please contact us at firstname.lastname@example.org providing your account details, a description of the issue, and any photographs if relevant. You will be responsible for paying for shipping costs for returning any items, unless you are returning them due to a company error. Please ensure that you get a proof of postage receipt, 42 Custom Fabric will not be liable for any losses you may incur if your return is not sent tracked. You’ll receive an email to notify you as soon as we have received, checked and processed your refund. In the unlikely event that you have not received an email within 10 days of returning your items via a tracked service, then please contact us.
- 42 Custom Fabric will not be liable for any fraudulent act, copyright or intellectual property infringement or omissions perpetrated by the Customer.
- Whilst 42 Custom Fabric will use its reasonable endeavours to fulfil its obligations pursuant to the Contract, 42 Custom Fabric shall not be liable for any delay in the completion of the order which arises from causes beyond their reasonable control (for example fire, flooding, civil disturbances, strike action, action by suppliers, shortage of materials, criminal damage and acts of war).
- Under no circumstances shall 42 Custom Fabric be liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, business interruption, loss of data, loss arising from any errors or omissions in the Website as a result of breach of contract, negligence, delict.) arising as a result of your use of our services. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence or for any liability which cannot be excluded or limited under applicable law.
- All designs remain the intellectual property of Emma Thatcher and Laura Salmon of 42 Clothes for Kids t/a 42 Custom Fabric.
- We grant you permission to use our watermarked photographs and imagery for the purpose of gauging interest in specific fabric designs with your customers.
- If, at our request or else unsolicited by us, you submit a creative idea, suggestion, proposal or plan to us, you agree that we may, at any time without restriction, edit, copy, publish, translate or otherwise use this in any medium. We shall be under no obligation to use, respond to, or compensate your submission.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales.
- We try to avoid any dispute, so if for any reason you are dissatisfied with the Goods supplied, then please contact us directly at email@example.com. We will aim to respond with an appropriate resolution with the goal of satisfying all parties within 5 days.
Competition and Giveaway Terms and Conditions
- Our competitions are run by 42 Custom Fabric. They are in no way sponsored, endorsed or administered by, or associated with any third party.
- Entries received after the stated closing date will not be accepted.
- Our competitions are free to enter, and no purchase is necessary. Making a purchase will not increase your chances to win.
- 42 Custom Fabric will not accept liability for any entries that are not received regardless of cause, including for example, a postal failure, equipment failure, technical malfunction, systems, network, computer hardware or software failure of any kind.
- By submitting your entry you agree to be bound by these Terms and Conditions.
- 42 Custom Fabric reserves the right to refuse entry, or refuse to award the prize to anyone deemed in breach of these Terms and Conditions.
- Employees of 42 Custom Fabric, their families/agents and any third party associated with the administration of the draw are not eligible to enter.
- Entrants under 18 must get consent from their parent(s) or legal guardian(s) before entering. The parent(s) or legal guardian(s) of entrants under 18 agree to these Terms and Conditions on behalf of the entrant.
- In entering the competition you confirm that you are eligible to do so. We may require proof of your eligibility to enter the prize draw or competition.
- 42 Custom Fabric reserves the right to disqualify you if we deem that your conduct is contrary to the spirit or intention of the prize draw or competition.
- A winner will be chosen by random draw performed by a computer process on the date stipulated on the prize draw or competition.
- The winner will be notified by email or Social Media (using the information provided at entry) within 7 days of the draw taking place, and must provide a postal address in order to receive their prize.
- If a winner does not respond within 14 days of being notified, then their prize will be forfeited and 42 Custom Fabric will be entitled to select another winner in accordance with the process above.
- The prize will be sent to the winner within 14 days of responding to 42 Custom Fabric.
- The prize is non-exchangeable, non-transferable and no cash alternative is offered. 42 Custom Fabric reserve the right to offer an alternate prize of equal or greater value if circumstances beyond 42 Custom Fabric’s control make it necessary to do so.
- The decision of 42 Custom Fabric regarding any aspect of the prize draw or competition is final and binding, and no correspondence will be entered into about it.
- 42 Custom Fabric reserves the right to hold void, cancel or suspend the prize draw or competition where it becomes necessary to do so.
- Your statutory rights are not affected, but 42 Custom Fabric will not in any circumstance be responsible or liable for any loss, damage, personal injury or death which occurs as a result of accepting the prize.