These Terms and Conditions apply to all online orders placed with Dale Techniche Ltd. Please read them carefully before placing your order.

1. Basis of Sale

1.1
Dale Techniche Ltd (“the Company”) agrees to sell goods (“the Goods”) to its customer (“the Customer”) under these Terms and Conditions. All accepted orders are governed exclusively by these Terms, which override any other terms proposed by the Customer.

1.2
No variation of these Terms is valid unless agreed in writing by authorised representatives of both parties.

1.3
The Company reserves the right to correct any typographical, clerical, or other errors in its documents (including sales materials, invoices, or price lists) without liability.

1.4
The Company may, without notice, make changes to product specifications to comply with statutory or EC requirements or to improve the Goods, provided such changes do not materially affect quality or performance.

1.5
The Customer is responsible for ensuring order accuracy. Once accepted by the Company, orders may only be cancelled with written consent, and the Customer will indemnify the Company against all resulting losses or costs (see clause 8.3).

 

2. Pricing and Payment

2.1
Prices are those current at the time the Company accepts the order. Prices may change without prior notice.

2.2
All prices exclude VAT unless stated otherwise. VAT must be paid in addition by the Customer.

2.3
Customers without an approved credit account must pay in full when placing an order. Orders will not be processed until payment is received.
Customers with approved credit accounts must pay invoices in full within 30 days from the invoice date.

2.4
The Customer must ensure that all invoices are received. Monthly statements are issued at the end of each calendar month. Any missing or disputed invoices must be reported in writing within 7 days of the statement date. Disputes not raised within this period will be subject to late payment penalties as described below.

If payment is not made on time, the Company may:

2.4.1 Suspend or cancel any further deliveries;
2.4.2 Charge interest at 8% per annum above the NatWest Bank base rate (accruing daily until payment in full is made);
2.4.3 Recover all costs and expenses related to debt collection, including legal and agency fees;
2.4.4 Apply an administrative fee of £25 per overdue invoice per month; and
2.4.5 Apply a late payment surcharge of one third of the overdue invoice value for extended credit, payable on demand.

 

3. Delivery

3.1
Delivery dates are estimates only. The Company accepts no liability for delay.

3.2
Delivery will be made where the Customer has paid delivery charges or where the order qualifies for free delivery. Delivery method is at the Company’s discretion unless otherwise agreed.

3.3
The Customer is responsible for unloading and for ensuring someone is available to receive and sign for the Goods.

3.4
Where Goods are delivered in instalments, each delivery constitutes a separate contract and invoice.

 

4. Risk and Property

4.1
Risk of damage or loss passes to the Customer upon delivery or when delivery is tendered but not accepted.

4.2
Ownership of the Goods remains with the Company until payment in full has been received.

4.3
Until ownership passes, the Customer shall:

• Hold the Goods as fiduciary agent and bailee;
• Store them separately, properly protected and insured; and
• Identify them as Company property.
  The Company may require the return of Goods at any time prior to payment and may enter the Customer’s premises to repossess them if necessary.

4.4
The Customer may not pledge or use the Goods as security while they remain the Company’s property. If this occurs, all sums owed to the Company become immediately due.

 

5. Limitation of Liability

5.1
Except where the Customer is a consumer (under the Unfair Contract Terms Act 1977), all implied warranties or conditions are excluded to the fullest extent permitted by law.

5.2
Consumer statutory rights remain unaffected.

5.3
The Customer must inspect the Goods immediately upon delivery.

• Shortages, errors, or damage must be reported within 24 hours (by phone) and confirmed in writing within 3 days.
• Non-delivery must be reported in writing within 3 days of receiving the invoice or statement.
  Claims outside these periods will not be accepted.

5.4
If a valid claim is made:

• Missing items will be re-supplied;
• Shortfalls will be made up; or
• Defective Goods will be repaired, replaced, or refunded (at the Company’s discretion).
  No further liability will arise. Invalid claims will require the Customer to collect returned Goods at their own expense.

5.5
Goods that have been misused, damaged, or soiled while in the Customer’s possession are deemed accepted and non-returnable.

5.6
Except for death or personal injury caused by negligence, the Company shall not be liable for indirect or consequential loss, including loss of profit or business interruption.

5.7
The Company is not liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, war, strikes, shortages, power failure, or government actions.

5.8
In any case, the Company’s total liability shall not exceed the amount paid for the Goods or the proceeds of any insurance covering such liability (whichever is greater).

 

6. Insolvency of Customer

If the Customer becomes insolvent, enters administration or liquidation, ceases trading, or the Company reasonably anticipates such events, the Company may immediately:

• Cancel the contract or suspend deliveries without liability; and
• Require immediate payment of all outstanding sums.
  The Company may also recover the Goods in accordance with clause 4.3.

 

7. Returns

7.1
Goods may only be returned with prior authorisation from the Company’s Returns Department. All returns must be prepaid and accompanied by proof of purchase.
A restocking fee of 25% of the net invoiced price will apply unless the return is accepted as a warranty claim.

7.2
Customised, badged, or tailored Goods are non-returnable.

7.3
Goods must be unworn, unused, and in a resaleable condition to be considered for return.

 

8. General

8.1
Failure by the Company to enforce any term shall not be considered a waiver of future enforcement.

8.2
Samples are chargeable unless otherwise agreed in writing.

8.3
If a logo has been digitised for embroidery and the related order is cancelled, a setup charge of £8 per 1,000 stitches (minimum £25) will apply.

8.4
All digital files, designs, and artwork produced by the Company remain its property. Charges cover labour only.

8.5
The Customer may not withhold or set off any payment due to the Company except for undisputed credits owed by the Company.

8.6
The Customer may not assign or transfer the contract without the Company’s prior written consent.

8.7
Notices must be in writing and sent to the recipient’s registered or principal address. Notices are deemed received:

• On delivery (if hand-delivered);
• 48 hours after posting (if by recorded delivery); or
• At the time of transmission (if sent by fax).

8.8
If any provision is held invalid, the remaining provisions remain in full force and effect.

8.9
This contract is governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English and Welsh courts.

8.10
When supplying artwork, logos, or images, the Customer confirms they hold all necessary permissions. The Customer indemnifies Dale Techniche Ltd against any claims arising from copyright or trademark infringement.
By placing an order, the Customer accepts these Terms as the sole governing conditions of sale. If the Customer does not agree, no order should be placed.