Terms & Conditions of Business

Agreement

These conditions govern all contracts for the sale of goods and use of the Original T website between Original T Shirts Limited (ORIGINAL-T) and you (the Customer).  These terms may only be varied with the written consent of ORIGINAL-T.

Acceptance of Terms

By using the ORIGINAL-T website the Customer agrees to the terms, conditions and disclaimers contained in this notice.  Nothing in these Terms and Conditions shall affect the Customer’s Statutory Rights.

Orders

All Customer orders will be reviewed by ORIGINAL-T on receipt.  If the order is accepted by ORIGINAL-T we will send you an email confirming this, summarising the details of your order and price, including delivery cost.  A confirmed order may not be cancelled or varied without ORIGINAL-T’s written consent, and such consent shall not prejudice ORIGINAL-T’s right to recover from the Customer full compensation for any loss or expense arising from the cancellation or variation of the original order.  Where an order cannot be fulfilled due to unavailability of stock or for any other reason, then the Customer shall be notified and given the option either to wait until stock is available or cancel the order and receive a full refund within 28 days.

ORIGINAL-T reserves the right not to accept an order for any reason.

Prices

All prices shown on the website include the cost of: garments, set-up, printing costs and any applicable UK taxes.  The total purchase price, including any packaging and delivery charges, is clearly stated at checkout for review by the Customer prior to order confirmation.

ORIGINAL-T reserves the right to vary published prices from time to time.

Payment

Payment for goods and any applicable delivery charges must be made in full before orders are dispatched by ORIGINAL-T.  Payment is normally made by debit or credit card at Checkout.  For special orders, a pro-forma invoice may, at the discretion of ORIGINAL-T be issued by email with instructions for payment by the Customer.

Ownership of the goods shall not pass to the customer until payment has been made in full.

ORIGINAL-T does not store any credit or debit card information, nor will we pass any of your personal information to any third party.  We use ‘Secure Trading’ (SSL Certified) as our Payment Gateway and ‘AIB Merchant Services’ for online credit and debit clearing and settlement.  By completing the ordering process the Customer undertakes that all details which have been provided to us for the purpose of ordering goods are correct, that the credit or debit card being used is their own and that there are sufficient funds to cover the cost of the order.

Delivery

ORIGINAL-T currently accepts orders for UK delivery only.  Packaging and Delivery charges are clearly stated during the checkout process.  By completing the checkout process the Customer is deemed to have agreed to these charges.

ORIGINAL-T aims to dispatch all orders within 5 working days of confirmation that a Customer’s order has been accepted.  If a material delay arises ORIGINAL-T will notify the Customer providing the opportunity to agree a revised delivery date or cancel the order and receive a full refund.

All Claims for shortages or non-delivery must be made to ORIGINAL-T in writing within 5 working days of delivery.  Where delivery is made by an independent carrier claims must be supported by the carrier’s consignment or delivery note which will confirm that goods were checked and signed for at the time of delivery.  Any loss or damage after delivery is the sole responsibility of the Customer.

Specifications

Absolute consistency of sizes, materials, proportions, colours and shades are not guaranteed by ORIGINAL-T and are given as guidance only. ORIGINAL-T reserves the right to alter or amend specifications without prior notice. We cannot print over zips, seams or pockets and the maximum size of image we can reproduce is 35 x 40cm which will look proportionally different on, for example, a SMALL v’s XXL t-shirt. We cannot illustrate every size of every garment so the design that you send to us is not an exact size and decoration positioning may, therefore, vary between garments. The objective of our easy to use editor is to give ORIGINAL-T a clear idea of your intention in terms of size, position and proportion of your design. We will try our best to interpret your ideas but if you send us something that we are not clear about we might need to email or call you for clarification. On repeat orders where Customers find that the garment colour is slightly different to the previous order, ORIGINAL-T cannot be held responsible for those changes.

All garments must be washed and cleaned strictly in accordance with the washing label instructions attached to the item.

Inks used during the textile printing process will inevitably fade over time. The speed at which they fade will be dependent on many factors including washing temperature, number of washes, exposure to sunlight etc. ORIGINAL-T cannot be held responsible for fading ink colours during use.

If you require us to match specific colours then you must provide us with the relevant Pantone code numbers.  ORIGINAL-T is not liable for colour mismatches if the customer has been unable to supply Pantone numbers.

Returns

ORIGINAL-T products are effectively designed by the Customer.  We cannot guarantee that we will spot Customer errors before printing.  For this reason ORIGINAL-T will only accept returns of products that either have been damaged in transit or suffer from a manufacturing defect.  Subject to such defective items being returned in their original condition within 10 days of delivery, and at the discretion of ORIGINAL-T management, a full or partial refund will be issued, as appropriate.

ORIGINAL-T will not accept returns of garments solely on the basis of claims about colour variations, of the garment or printed designs, as these can arise due to individual computer screen colour representation.

Variations

ORIGINAL-T shall be entitled to alter these Terms and Conditions at any time but this shall not affect the Terms and Conditions accepted by the Customer on concluding an order prior to such alteration being made.  Continued use of the ORIGINAL-T website by the Customer following any changes, however, shall be deemed as acceptance of such changes.

Links to third party web sites

The ORIGINAL-T website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the Customer is deemed to acknowledge and agree that ORIGINAL-T is not responsible for the content or availability of any third party sites.

Copyright

All copyright, trade-marks and all other intellectual property rights in the ORIGINAL-T website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to ORIGINAL-T or otherwise used by ORIGINAL-T as permitted by law.

In accessing the Website the Customer agrees to access the content solely for personal, non-commercial use. None of the website content (including without limitation the website design, text, graphics and all software and source codes connected with the website) may be downloaded, used, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of ORIGINAL-T.

Disclaimers & Limitations of Liability

ORIGINAL-T strives to ensure that the information available on the website is true and accurate, but will not be liable for any interruptions, defects, errors or omissions.  ORIGINAL-T does not warrant that the website is free from infection by viruses or anything else that may be harmful or destructive.

ORIGINAL-T reserves the right to change information, specifications, descriptions and prices of listed products.  We further reserve the right to withdraw any goods or services from the website at any time and shall not be liable to anyone for withdrawing such goods or services, or refusing to process a Customer order.

ORIGINAL-T makes no representations about the fitness for a particular purpose of any of the products or services available on the website.

The website itself cannot stop a Customer from including unacceptable artwork or text in their order. ORIGINAL-T, however, reserves the right to refuse any order placed by any Customer and to edit/omit artwork/text or to contact the Customer for alternative artwork/text as it deems appropriate if any artwork/text appears to ORIGINAL-T to be offensive or unacceptable or detrimental to ORIGINAL-T’s reputation or that of any party connected with ORIGINAL-T.

Except in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on the website (in respect of which the level of ORIGINAL-T’s liability shall not be greater than the total price of the goods or services purchased) ORIGINAL-T will not be liable for any loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect, or consequential, loss arising out of or in connection with use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted).

For the avoidance of doubt, ORIGINAL-T does not exclude liability for death or personal injury resulting from negligence.

The Customer agrees to indemnify ORIGINAL-T, its agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the Customer. ORIGINAL-T may terminate use of the website immediately if it considers that the Customer has breached these Terms and Conditions.

Force Majeure

ORIGINAL-T shall not be under any liability of any kind for non performance in whole or part of its obligations under the contract due to causes beyond the reasonable control of ORIGINAL-T or its suppliers, or due to labour disputes.

Intellectual Property

It is illegal to reproduce unlicensed trademarks or logos onto products within the ORIGINAL-T website. The exclusive use and reproduction of such images lies solely with the legal owners. In addition, unlicensed copyrighted material from photographers, artists, authors and writers of original works, cannot be reproduced within the ORIGINAL-T website.

In agreeing to these Terms and Conditions the Customer indemnifies ORIGINAL-T from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of the Customer using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.  During the design process the editor will require the Customer to warrant that they are legally permitted to use the images uploaded.  The editor will also request the Customer to give permission to ORIGINAL-T (at the Company’s discretion) to illustrate their designs on the Website Gallery as being available to order, and to grant to ORIGINAL-T a royalty free licence to reproduce them for sale to future customers.

Rectification of these Terms

If any or part of these terms proves unenforceable or void in law it shall not affect the remainder of the terms or otherwise affect the contract and shall be replaced by a valid term as near as possible in effect to the original term.

Governing Law and Jurisdiction

All contracts between ORIGINAL-T and its Customers shall be governed by the laws of Scotland and any disputes arising shall be subject to the jurisdiction of the Scottish Courts.

Licence & Agency Agreement

Terms and Conditions specifically covering the use of customer’s designs by Original T Shirts Ltd.

The terms and conditions below define how the use by Original T Shirts Limited (ORIGINAL-T) of third party owner’s (the Contracting Party’s) designs are regulated where the owner of the rights to the designs has made them available to ORIGINAL-T on either a Royalty Free or Commission basis.

In these Terms and Condition the term “design” comprises all visually presentable designs which the Contracting Party has a legal right to use and in respect of which they either hold, or have a licence from the holder of, the copyright therein or, if such design is or forms part of a registered trademark or design, they own or have a suitable licence from the owner of such registered trademark or design.

Licence Agreement

An agreement concerning the use of a design is made between ORIGINAL-T and the Contracting Party in one of the following two ways:

As part of the ‘add to basket’ checkout procedure on the website of ORIGINAL-T, the Contracting Party can agree to ORIGINAL-T (at ORIGINAL-T’s discretion) publishing their designs in the ‘Gallery’ section of the website for future use by others.  By providing this agreement the Contracting Party will be granting to ORIGINAL-T a royalty free licence to unlimited use of the Contracting Party’s designs in the future.

In addition to the above commission free option, ORIGINAL-T offers those customers and organisations who wish to have their designs easily accessed and printed by clients, other customers or members, the opportunity to create their own bespoke ‘Collection’ within the dedicated area of ORIGINAL-T’s website, sell their designs through ORIGINAL-T and earn commission (in the form of a Licence Fee). By ‘enabling’ its Collection the Contracting Party will be agreeing to the Terms and Conditions of the Agency Agreement set out below.

In addition to the designs of the Contracting Party being published in the Gallery and/or Collection areas of the website, the Contracting Party grants ORIGINAL-T a royalty free licence to publish, print or otherwise reproduce such designs on all ORIGINAL-T media.

All designs in the Gallery and Collections are moderated by ORIGINAL-T and are published at the Company’s sole discretion.

All licences granted to Original T in terms of this Agreement will include the right to grant sub-licences for the use of designs by other Contracting Parties and all customers of the website on the basis of its general Terms and Conditions.

Terms & Conditions of Agency Agreement

The Agreement between ORIGINAL-T and the Contracting Party is based on and incorporates both ORIGINAL-T’s general terms and conditions and these specific terms and conditions.

The establishment of an Agency Agreement does not give the Contracting Party rights to have a submitted design published on the ORIGINAL-T website.  ORIGINAL-T reserves the right to remove or prohibit the publication of a design at its own discretion, at any time and for any reason.

Licence Fees (Commission) and Payment Procedures

Commission will be paid on all orders of designs from a customer’s ‘Collection’ that are paid for, dispatched and not subsequently returned or subjected to a copyright challenge.

Commission is set as a fixed Licence Fee per item, set by the Contracting Party when uploading images to its ‘Collection’.

Commission is paid to the Contracting Party by cheque or direct bank transfer dispatched monthly in arrears on the last day of each month.

Each Contracting Party is responsible for its own tax payments on Commission paid to it and is treated by ORIGINAL-T as having self-employed status.

Rights in Designs

The Contracting Party guarantees that any design to which this Agreement relates has been created by them and/or that they are the owner of all rights to use the design, particularly rights concerning copyright, trademark and design, and undertakes to indemnify Original T for all losses and damages suffered by Original T arising from the publication and/or reproduction of any design which violates the rights of third parties and/or infringes any laws.

Duration/Notice of Termination

The Agency Agreement will be for an unlimited period of time up to the point of cancellation of the Agreement by one of the two contracting parties.

This Agreement can be ended by either party, for whatever reason, by serving two weeks’ notice in writing. The right of either party to terminate this agreement for breach of contract with immediate effect, however, remains unaffected.

When notice of termination is served, ORIGINAL-T shall delete the designs of the contracting party and remove their ‘Collection’ from the website within three working days. Orders involving use of the design which are received by ORIGINAL-T before the period of notice has expired will be fully executed. ORIGINAL-T will present a final account to the contracting party for all commission fees due up to the termination date of the agreement.

a) Offset and Retention

Notwithstanding the terms of this Agreement, Original T shall be entitled to retain any payments of Commission due to a Contracting Party against any sums due to Original T by such Contracting Party in terms of this Agreement or otherwise.

b) Amendments

Original T will publish any amendments to this Agreement on its website and inform the Contracting Parties by e-mail. Insofar as a Contracting Party continues to provide designs for use on the website after having received such notification, the amendments shall be deemed to have been accepted by them.

 

ORIGINAL-T SHIRTS LIMITED TERMS AND CONDITIONS VERSION 10062013

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