General

(a) In these conditions:

“The Buyer” means the person, firm or company who purchases products from the web site or accepts a quotation of the Seller for sale of the goods or whose order for the goods is accepted by the Seller.

“The Seller” means, Calman Enterprise, 7 Strothers Lane Inverness IV1 1LR. “The Goods” means the goods and or materials, which the Seller is to supply and which are the subject of the contract between the Seller and the Buyer.

(b) The contract between the Seller and the Buyer shall be subject to these conditions which shall govern the said contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted or any order is made or purported to be made by the Buyer.

(c) The contract between the Seller and the Buyer does not affect the Buyers statutory rights

(d) No variations of these Conditions shall be binding unless agreed in writing by the Seller.

(e) Any typographical, clerical or other error or omission in any web page, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

(f) The headings in these conditions are for convenience only and shall not effect their interpretation.

(g) All styles featured in this catalogue are subject to availability. Garment sizes are “to fit” in inches and are approximate, please ensure the garment is suitable for your needs before printing, embroidering or processing in any way. Made by Artysans must be notified within 3 days of despatch of any shortage, damage or non delivery.

(h) If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.

Quotations and Price

(a) All prices specified on the Web Site are subject to variation by the Seller without prior notice.

(b) All sales are made on a trade basis

(c) All prices unless otherwise stated are exclusive of vat, all transport, storage, parking, insurance, forwarding and other costs, which shall be added to the Buyer’s account where applicable.

(d) VAT will be charged at the standard rate applicable at time of ordering. Children’s garments are vat zero rated except for some larger sizes which are standard rated.

Terms of Payment

In advance by Cash, Card, Cheque, or Bank Transfer. We do not offer credit accounts.

• Debit or Credit Card:

We accept payment by debit or credit card over the telephone. On completion of the transaction all card details are immediately destroyed.

• Bank Transfer:

For payments by Bank Transfer please check your Invoice or Sales Order Confirmation for details or call +44 (0) 1349 855200 for assistance. Please ensure that your Company Name and Order Number / Invoice Number are clearly marked on the transfer.

• Cheques:

We accept sterling cheques. Goods are despatched when funds are cleared. Returned cheques are charged at 35.00 GBP to cover bank administration costs.

• International Transfers:

For payment by Bank Transfer from overseas please call +44 (0) 1349 855200 for IBAN and SWIFT numbers which must be used when sending your payment. All payments must be in Sterling. When transferring monies, please ensure that we receive the FULL amount requested in settlement of your order confirmation / invoice. Your order will not be shipped until the full amount is paid. You are responsible for any additional bank charges applied by your bank. You should make this clear to your bank when organising the transfer.

All goods remain the property of Calman Enterprise Ltd until paid for in full.

Ordering

Please note that we supply wholesale only to designers, printers, retail shops and stores, web-stores, schools, colleges, universities, teams and organisations. All stock orders should be placed through the website. If you wish to purchase large quantities please telephone +44 (0)1463 709973 for assistance where an experienced friendly sales advisor will take your call and discuss your requirements.

Delivery

(a) Time shall not be of the essence for the purpose of delivery of Goods by the Seller unless stated as part of a contractual agreement between both parties. Delivery times are quoted without guarantee or penalty and the time for delivery shall run from the date the order is received and paid for or the date on which sufficient information is received from the Buyer to enable the Seller to proceed with the execution thereof whichever is the later.

(b) Subject to the provisions of paragraph (a) above

I. Where contracts provide for a single delivery without specifying the date the goods shall be shipped delivery is normally upon completion. Shipments and deliveries are made Mon-Fri excluding Bank Holidays and Seasonal Holidays (Christmas and New Year). All orders are shipped by Courier; we do not use Royal Mail.

II. In the event of failure by the Buyer to accept any delivery, that delivery shall be deemed to have occurred and any storage or other costs incurred by the Seller as a result of the Buyer’s failure shall be added to the Buyer’s account with interest.

III. Where any subsequent deviation is made from these terms at the request of the Buyer any additional costs incurred by the Seller as a result thereof shall be added to the Buyer’s account.

IV. Every effort shall be made by the Seller to affect delivery in accordance with these terms and conditions but the Seller will not be liable for any loss or damage arising due to delay of delivery however caused.

V. Each delivery shall constitute a separate contract, which shall be subject to these terms, and conditions.

Samples

We are unable to supply single sample garments.

Returns

All Sales are final. Calman Enterprise Ltd does not trade on a ‘sale or return’ basis.

We do not do exchanges. Carriage is non refundable.

We do accept returns subject to the following conditions being met:

1. Proof of purchase (relevant invoice and despatch note number required)

2. Returns authorisation note must be obtained prior to return of goods.

3. Handling charge of 15% of value of goods may apply.

4. All goods must be returned in original condition in original packaging and suitable for re-sale.

5. Printed, embroidered or processed goods will not be accepted back for returns under any circumstances.

6. Goods returns form must be requested within 7 days of delivery.

7. Returns carriage charge is £15.00 or at your own expense.

8. In the event that our carrier arrives and the goods are unavailable to collect, a surcharge will become payable of £15.00 per failed collection

Mistakes do happen, if you receive incorrect or damaged goods then please contact us within 3 days so that we can rectify the problem.

Limitation of Seller’s Liability

Any express or implied statement, condition or warranty, statutory or otherwise, not stated herein is hereby excluded and deemed to be inconsistent herewith, and no responsibility is accepted by the Seller for any damage or loss arising directly or indirectly out of goods, supplied or for any damage or loss arising by reason of any failure of goods to comply with the specification or with statutory requirements whether attributable to Seller’s negligence or otherwise save to the extent that exclusion of liability is prohibited by law.

Property in Goods

(a) Risk of damage to or loss of the Goods shall pass to the Buyer:

– In the case of Goods to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that the goods are available for collection; or

– In the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered the delivery of the Goods.

(b) Notwithstanding delivery and the passing of risk in the Goods, or any other provisions of these Conditions, the property in the Goods or any part of them shall not pass to the Buyer until the Seller has received in cash or cleared funds payment the full price of the Goods

(c) Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds properly stored, protected and insured.

(d) Until such time as the property in the goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

(e) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

Waiver

No concession or indulgences granted to the Buyer shall prejudice future exercise of the Seller’s full right hereunder.

Special Conditions

Made by Artysans will not accept any responsibility for any variation in shade, material or composition shown within our website. Cancelled orders are only permitted with prior authorisation of Fire Label Merchandising Ltd. We have the right to refuse to accept a cancelled order for any reason and as such the customer is responsible for all cost and the items are deemed non-returnable for any reason.

Website colours should be used as a guide only.

Legal Construction

Any contract entered into between the Seller and the Buyer shall in all respects be construed and operate as an Contract subject to the Laws of Scotland.