TERMS AND CONDITIONS
TIECREATORS TERMS AND CONDITIONS
Terms and Conditions
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Please click on the button marked “I Accept” at the checkout to confirm compliance to our terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1 Information About Us
We operate the website TieCreators.com. We are TieCreators Limited a company registered in England and Wales under company number 08620970 and with our registered office at Unit C, Hamstead Industrial Estate, Hamstead, Birmingham, B42 1DF, UK. Our main trading address is 67/9 Rookery Road, Handsworth, Birmingham, B21 9QU. Our VAT number is GB172256022.
2 Your Value
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
3 How the contract is formed between YOU and US
3.1 – The contract between TieCreators Ltd and you (Contract) will be formed when you make payment for the customized products you have ordered. In certain instances when payment is not taken first, your contract begins with us when you approve a Final Production Sheet and instruct us to commence manufacturing. In the instance, payment is taken outside of www.tiecreators.com it is understood that you agree to TieCreators Terms & Conditions when payment is made.
3.2 – We reserve the right to refuse to fulfil your order and terminate the Contract if it becomes apparent that a design you have imported is in breach of clause 9. Your sole remedy in this case will be a refund of the payment you have made to us.
4 Consumer Rights
4.1 – All custom products available on our site are bespoke and/or personalised items and therefore even where you are contracting as a consumer the cancellation rights available under The Consumer Protection (Distance Selling Regulations) 2000 do not apply to your purchase.
5 Availability and Delivery
5.1 – Your order will be fulfilled within your chosen delivery terms from the two options available per product type, standard and express, unless there are exceptional circumstances.
For further details on delivery times please visit www.tiecreators.com/help-and-faq.
6 Risk and Title
6.1 – Risk and title to the products will pass on delivery.
7 Price and Payment
7.1 – The price of the customized products and the delivery charges for standard and express delivery will be as quoted on our site from time to time except in cases of obvious error.
7.2 – A design charge may apply if and when we use our in-house designers to help you with alterations to a design or a design is used that is not available online as a template.
7.3 – An express service charge is applied for orders required outside the standard delivery timeframe. The express charge is applicable to the different customizable product categories.
7.4 – Additional express charges may be applied for orders required sooner then the stated express timeframe.
8 Thread colours
8.1 – The threads we use for our products are based on colours depicted on www.tiecreators.com. We do map some of our threads to Pantone Codes. When a colour is chosen the consumer must bear in mind that colours may look different on screen compared to the physical threads.
8.2 – We may use an alternative thread colour than quoted on the production sheet as it may be deemed more suitable for the design, availability of thread, or the chosen thread colur refers to a different fabric (micro-polyester or silk).
9 Our Refunds Policy
9.1 – If you return a custom product to us because you consider that it is defective, we will examine the returned products and will notify you if we consider you are entitled to a refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to this. We will refund the price of a defective product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 – We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 – If an order is placed with us and then subsequently cancelled, then refunds will only be honoured on a case by case basis. As we begin to work on orders almost immediately on recipt, costs are incurred which you may be charged for and thereby offered a partial refund.
10.1 – Where you import a design for a custom product that design must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright or trade mark of any other person or company.
- Promote any illegal activity.
10.2 – You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim against us that your design infringes the intellectual property rights of a third party or for loss occasioned to us by any breach by you of 9.1 above.
11 Our Liability
11.1 – Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the items.
11.2 – Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
11.3 – Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act;
(d) defective items under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12 Import Duty
12.1 – If you order custom products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 – Please also note that you must comply with all applicable laws and regulations of the country for which the items are destined. We will not be liable for any breach by you of any such laws.
13.1 -We reserve the right to photograph the custom products (tie, scarf, pocket square) and use them on our website: www.tiecreators.com, any email and marketing medium. These products are usually photographed prior to them being dispatched to you.
13.2 – When you send us a photo of our products being worn at your event(s), we understand that we have authorization from you to use these photos on our website, email, and any marketing medium.
14 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to TieCreators Limited at 67/69 Rookery Road, Handsworth, Birmingham B21 9QU. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 Events Outside Our Control
16.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 – A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
16.3 – Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
17.1 – If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 – A waiver by us of any default will not constitute a waiver of any subsequent default.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 Entire Agreement
19.1 – These terms and conditions constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 – We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Nothing in this clause limits or excludes any liability for fraud.
20 Our rights to vary these terms and conditions
20.1 – We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21 Law and Jurisdiction
Contracts for the purchase of items through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Compliance to General Data Protection Regulation
Q: What information do we collect?
Contact and demographic information. We collect and retain personal contact and demographic information that you submit to us voluntarily in signing up to our website, enquiring and/or purchasing products and services. This includes your name, organisation name, address (including mailing), web address, telephone number, fax number and e-mail address. Additionally, we collect contact information provided to us during any correspondence relating to customer support in connection with products and services separate to accessing the website.
Information on your use of the Site. We collect information about the device with which you use the Sites and information on your use of the Site itself, such as Internet Service Provider, browser type and version, pages viewed, information accessed, and the Internet Protocol (IP) address you use to connect to the Internet.
Chat Recording and Monitoring. To ensure TieCreators.com customers receive quality service, TieCreators Ltd stores and monitors chat conversations. These communications, between TieCreators.com customers (or potential customers) and employees, are evaluated by TieCreators.com representatives. This is to guarantee that prompt, consistent assistance and accurate information is delivered in a professional manner.
Q: Do you collect and/or store any of my bank, debit or credit card details?
Financial Information. We DO NOT collect or retain financial information you provide when you order and pay for our products and services. When you place an order, payment is required before we manufacture bespoke products. All financial transactions are managed by third-party organisations, including banks for BACS transfer or PayPal / SagePay for debit or credit card transactions. These third-party organisations do not allow TieCreators Ltd representatives to access any customer financial information. Please visit the relevant security policy of the third party that you will be using to process the payment if further information is required.
Q: Who do you share your customer information with?
We DO NOT share your personal data with external companies except for the purposes of fulfilling orders e.g. courier companies to ship ordered products to our customers.
Q: How do I request change or deletion of my information?
You may request details of personal information which we hold about you under the General Data Protection Regulations. If you would like a copy of the information held on you please write to writing to us at email@example.com or by mail at Unit C Hamstead Industrial Estate, Austin Way, Hamstead, Birmingham B42 1DF, Attention: Privacy Team.
If you believe that any information we are holding on you is incorrect or incomplete, or that you no longer want us to hold your personal information please write or email us as soon as possible, at the above address. We will promptly correct or delete any information as per your request
Last revised 8 May 2018