Terms and Conditions

Terms and Conditions of Sale Birkdale Studios

1. DEFINITIONS:

In these conditions:

i) "The seller" is Birkdale Studios

ii) "The Buyer" is the purchaser of the goods.

iii) "Goods" are goods & products of any kind sold by the seller.

2. APPLICATIONS OF CONDITIONS:

These terms and conditions shall apply to all contracts entered into between Birkdale Studios and its customers.

3. PRICES:

Prices are quoted in The Sellers price list are subject to change without notice. The price payable by the Buyer will be the price current at the date of despatch.

4. SHORTAGES, NON DELIVERY & COMPLAINTS:

No liability for alleged shortages of delivery or non delivery of goods will be accepted by the Seller unless claims are notified in writing to the Seller within 3 days of delivery for shortages or 5 days from date of invoice for non delivery. Any complaints need to be made in writing within 5 working days of receipt of order.

5. OWNERSHIP OF GOODS

a, All goods shall be at the buyers risk from the time of delivery but will remain the property of The Seller until all payment in respect of any goods delivered by The Seller to the Buyer have been paid in full.

b, The Seller may at any time when payment is due to The Seller for any goods retake ownership of all The Sellers goods then in the custody of the Buyer.

c, The Buyers right to hold or deal in any way with The Sellers shall terminate automatically and The Seller shall be entitled to immediately recover the goods if:

i) The Buyer being an individual becomes Bankrupt or is the subject of a Bankruptcy Petition or enters into any agreements with creditors or,

ii) The Buyer being a limited company is subject to the appointment of an Administrate Receiver or goes or is forced into any form of insolvency.

d, The Buyer authorises the Seller, its employees or agents to enter the buyers premises for the purpose of enforcing these provisions.

6. PAYMENT

a, Unless otherwise specifically agreed in writing by The Seller, payment for the goods is due to the Seller at time of ordering

b, The Seller reserves the right to charge interest at 4% above the base rate at Barclays bank on any amount overdue, from due date to the date of payment.

c, The Seller may set off against any overdue account any sums due for any reason from the Seller to the Buyer.

7. CHANGE OR ORDER

a, In the event of The Buyer wishing to change the design, artwork or other aspect of the order such request must be given by The Buyer to The Seller in writing.

b, The Seller will use its best endeavours to make the changes in accordance with this request but must reserve the right to charge the customer the additional cost of any such changes arising out of this request and will notify the customer of the costs such as changes at the time of the request, orders requiring new artwork will not be started until artwork is signed by customer.

8. CANCELLATION:

a, Any order placed by The Buyer shall be treated as a firm commitment and cancellation will not be accepted unless agreed in writing by the seller. Costs will be incurred in this instance.

b, The Seller will make all reasonable efforts to fulfil its obligation under such orders but shall not be liable for any cancellation or suspension of such orders caused by events beyond the control of the Seller.

c, The Seller reserves the right to not supply any proposed Buyer without having to give any reason. It is at The Sellers desecration to chose if The Sellers wishes to sell any goods or services.

9.. SAMPLES

All samples are sent out on a sales or return basis, a refund will be issued when goods are returned in the condition they were sent, we are unable to refund the carriage costs. There is a 25% restocking fee on returned samples unless agreed otherwise.

10. RETURNS

a, The Seller will not automatically accept a return of goods supplied but if it does agreed to accept a return of goods then such return to be on the basis that there is a handling charge payable by the customer at the time of return based upon 25% of the total invoice price of the goods.

b, It is entirely at The Sellers discretion as to if they decide to except any return with the excepting where the return of goods is as a result of the failure on the part of The Seller to supply the relevant goods in accordance with the order.

c, Goods cannot be returned if individual design or embroidery work has been effected on such goods and/or the customer has used the goods and/or itself added the design or embroidery work.

d, Unless incorrectly supplied or deemed to be faulty we cannot accept the return of 1.Goods that have been embroidered, badged or printed. 2. Goods that have been assembled in line with your requirements. 3.Goods that have been specially procured in line with your requirements and do not form part of our standard range.

11. REPRESENTATIONS:

No statement, information warranty, condition or recommendation made by the Sellers employees or agents shall vary or override these conditions.

12. COMPLETION OF GOODS

We endeavour to carry out all work within the agreed time scales, however we will not be held responsible for any delays or shortages occurring from incidents beyond our control. Every effort will be made to advise customers of any delays.
 
13. LAW:

a, These conditions and all transactions between the Seller & the Buyer shall be governed by English Law and any disputes arising shall be resolved by the courts in England.

b, If any condition herein becomes or shall be declared by a court to be invalid or unenforceable that shall not impair or affect all other conditions, which will remain in full force & effect.