e: sales@lyricallyinspired.com | tel: 07941 924 704

Terms of Sale

Terms of Sale (businesses and consumers)

 

(1)      Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

 

(2)      Interpretation

In these terms of sale, “we” means Lyrically Inspired Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

 

(3)      Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

 

Ready to Wear Orders

  • You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout
  • You can make orders without setting up an account.  If however you would like to set up an account and are a new customer, you must then create the account with us and log in; if you are an existing customer, you must enter your login details.
  • You must select your preferred method of delivery, confirm your order and provide your consent to our terms of sale.
  • We will then send you an initial acknowledgement via email that your order has been received and will be reviewed – this acknowledgment is not an order confirmation.
  • Once we have checked whether we are able to meet your order, we will either send you an order confirmation with payment details (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

 

Custom Orders – Text and Image Based Designs

  • You must follow the instructions on the page for your custom order, and then proceed to checkout.
  • Once submitted we will then send you an initial acknowledgement via email that your order has been received and will be reviewed – this acknowledgment is not an order confirmation.
  • Once we have checked whether we are able to meet your order, we will either send you an order confirmation with payment details (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

 

You are solely responsible for the copyright of any images that are uploaded onto our site so you must ensure you have permission to use them prior to submitting your order. We do not take responsibility for any copyright infringement issues that may arise after fulfilling your order.

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Once you place your order, you will have the opportunity of identifying whether you have made any input errors once when we receive your order in our backend. We will resend the order to you and accompany it with an invoice or acknowledgement note for you to check.

After you place your order, you will have the opportunity of identifying whether you have made any input errors by us contacting you to confirm your original order details. You may correct any input errors before placing your order via the communication method we use to contact you.

 

(4)      The products

Ready to wear, customisable t-shirts for children, adult males and females, graphic designs and digital products.

 

(5)      Price and payment

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product’s correct price will be stated.

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made once order confirmation has been received. We may withhold the products and/or cancel the contract between us if the payment is not received from you in full in cleared funds.

The prices on the website do not include value added taxes.

Payment for all products must be made into our account via Bank Transfer, details of which will be provided via order confirmation email from us.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force

If you are a business customer, please contact us via email tshirtgeneration@live.co.uk if you want to place an order with us in order to guide you further.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim via email tshirtgeneration@live.co.uk

If you submit an unjustified charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 10 (excluding VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

 

(6)      Your warranties

You warrant to us that:

(a)      you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b)      the information provided in your order is accurate, complete and does not infringe on a third party’s copyright; and

(c)      you will be able to accept delivery of the products.

 

(7)      Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, between 5 to 7 working days of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

We will only deliver products within England and Wales. Customers outside of these countries should email us on tshirtgeneration@live.co.uk

 

(8)      Risk and ownership

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

(a)      delivery of the products; and

(b)      receipt by us of full payment of all sums due in respect of the products (including delivery charges).

 

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

 

(9)      Consumers: returns policy

This Section applies to consumers, not business customers.  If you are a business customer, the applicable returns policy is set out in Section [12].

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation via email to tshirtgeneration@live.co.uk

You will not have any such right insofar as a contract relates to the supply of goods made to your specifications or clearly personalised.

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.

If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you).  However, you will be responsible for paying the cost of returning the product to us.

Refunds will be processed once we have received the goods and assessed them to be in the same condition in which they were sent to you.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

 

(10)    Consumers: statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

(11)    Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

 

(12)    Force majeure

In this Section and Section [15] below, “force majeure event” means:

(a)      any event which is beyond our reasonable control;

(b)      the unavailability of raw materials, components or products; and/or

(c)      power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

 

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

 

(13)    Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale,  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

(14)    Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(a)      you cease to trade;

(b)      you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c)      a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d)      the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e)      any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

 

(15)    Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [17]:

(a)      we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)      you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)      all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely.

 

(16)    Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

 

(17)    General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our

http://www.tshirtgeneration.co.uk/privacy-policy/; use of our website will be subject to our website http://www.tshirtgeneration.co.uk/terms-of-use/.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

 

(18)    About us

Our full name is Lyrically Inspired Limited.

Our registered office is Moran House, Unit 5, 449-451 High Road, London NW10 2JJ

Our company registration number is 05995148

Our email address is tshirtgeneration@live.co.uk



 

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