Call Us +44 (0) 844 357 2352

Welcome to Unbranded Apparel

You have no items in your shopping cart.

Terms and Conditions

1. INTERPRETATION

 

1.1 The definitions and rules of interpretation in this condition apply in these conditions.

 

Buyer: the person, firm or company who purchases the Goods from Unbranded Apparel and who, by entering into this Contract with Unbranded Apparel, is warranting that it is acting in the course of its trade or business.

 

Contract: any contract between Unbranded Apparel and the Buyer for the sale and purchase of the Goods, incorporating these conditions.

 

Delivery: completion of delivery of an Order by the Buyer or its nominated agent taking physical possession of the Goods

 

Delivery Date: the date on which the Goods are delivered to or collected by the Buyer or, if Unbranded Apparel tried to deliver the Goods but is unable to, the date on which Unbranded Apparel attempted to have the Goods delivered.

 

Delivery Point: the place where delivery of the Goods is to take place.

 

Goods: any goods agreed in the Contract to be supplied to the Buyer by Unbranded Apparel (including any part or parts of them).

 

Unbranded Apparel: Bains & Sons Trading Ltd T/A Unbranded Apparel incorporated and registered in England and Wales with company number 08684273 whose registered office is at Unit 1, 308 Melton Road, Leicester, LE4 7NS who shall be the supplier of the Goods

 

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

1.3 Words in the singular include the plural and in the plural include the singular.

 

1.4 Condition headings do not affect the interpretation of these conditions.

 

2. APPLICATION OF TERMS

 

2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

 

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

 

2.3 These conditions apply to all Unbranded Apparel sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of Unbranded Apparel. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Unbranded Apparel which is not set out in the Contract. Nothing in this condition shall exclude or limit Unbranded Apparel liability for fraudulent misrepresentation.

 

2.4 Each order or acceptance of a quotation for Goods by the Buyer from Unbranded Apparel shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

 

2.5 No order placed by the Buyer shall be deemed to be accepted by Unbranded Apparel until an acceptance of the order is expressed by Unbranded Apparel, by whatever means appropriate, or (if earlier) Unbranded Apparel delivers the Goods to the Buyer.

 

2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

 

2.7 Any quotation given by Unbranded Apparel is subject to change at Unbranded Apparel absolute discretion but shall remain open for acceptance by the Customer provided that Unbranded Apparel has not previously withdrawn it or any timescale placed on acceptance has expired.

 

3. DESCRIPTION

 

3.1 The quantity and description of the Goods shall be as set out in Unbranded Apparel records which shall stand as absolute proof of what order the Buyer made.

 

3.2 All samples, drawings, descriptive matter, specifications (including sizing and colouring) and advertising issued or made available by Unbranded Apparel and any descriptions or illustrations contained in Unbranded Apparel catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.

 

3.3 Size, style, fabric content, specification, quality and colour should be checked by the Buyer on receipt of the goods.

 

3.4 Unbranded Apparel gives no warranty, express or implied, regarding the suitability of the Goods for the purpose for which Buyer has chosen them.

 

3.5 The Buyer recognises that variation may occur from one dye batch to another and Unbranded Apparel will accept no responsibility for any such variation in colour.

 

3.6 The Buyer acknowledges and agrees that when a sample of the Goods has been shown to or inspected by the Buyer any consequent sale does not constitute a sale by sample.

 

4. DELIVERY

 

4.1 Unless otherwise agreed in writing by Unbranded Apparel , the Delivery Point shall be Unbranded Apparel place of business. Collections from Unbranded Apparel place of business shall only be permitted between Monday to Friday between 9.00am and 3.30pm.

 

4.2 If the Buyer wishes the Delivery Point to be anywhere other than Unbranded Apparel place of business, the Buyer must specifically request an alternative Delivery Point and pay the appropriate delivery charges.

 

4.3 The Buyer shall take delivery of the Goods within 7 days of Unbranded Apparel giving it notice that the Goods are ready for delivery.

 

4.4 In the event that Unbranded Apparel is to deliver the Goods to a location specified by the Buyer, any dates specified by Unbranded Apparel for delivery of the Goods are intended to be an estimate. Any delivery dates given in respect of the Goods are estimates only which the Buyer relies on entirely at its own risk. Time for delivery shall not be, and shall not be capable of being made, of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

 

4.5 Subject to the other provisions of these conditions Unbranded Apparel shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Unbranded Apparel negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.

 

4.6 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or Unbranded Apparel is unable to deliver the Goods because the Buyer has not provided appropriate instructions, documents, licenses or authorizations:

 

(a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by Unbranded Apparel negligence);

 

(b) the Goods shall be deemed to have been delivered; and

 

(c) Unbranded Apparel may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

 

4.7 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labor for loading the Goods and generally taking receipt of them.

 

4.8 If Unbranded Apparel delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by Unbranded Apparel, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.

 

4.9 Unbranded Apparel may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract.

 

4.10 Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment.

 

4.11 If the Delivery Point is to be outside the UK:

 

(a) The Buyer shall obtain all necessary import licenses, clearances and other consents necessary for the purchase of the Goods.

 

(b) The Buyer must comply with all applicable laws and regulations of the country for which the products are destined. Unbranded Apparel will not be liable for any breach by the Buyer of any such laws.

 

(c) Risk in and responsibility for the Goods shall pass to the Buyer once they have been delivered to the carrier appointed to deliver the Goods and the Buyer shall maintain appropriate insurance for the goods in transit

 

5. NON-DELIVERY

 

5.1 The quantity of any consignment of Goods as recorded by Unbranded Apparel upon dispatch from Unbranded Apparel place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary (such evidence shall not include witness evidence from any of the Buyer's employees).

 

5.2 Unbranded Apparel shall not be liable for any non-delivery of Goods (even if caused by Unbranded Apparel negligence) unless the Buyer gives written notice to Unbranded Apparel of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

 

5.3 Any liability of Unbranded Apparel for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

 

6. RISK/TITLE

 

6.1 Subject to clause 4.11(c), the Goods are at the risk of the Buyer from the time of Delivery.

 

6.2 Ownership of the Goods shall not pass to the Buyer until Unbranded Apparel has received in full (in cash or cleared funds) all sums due to it in respect of:

 

(a) the Goods; and

 

(b) all other sums which are or which become due to Unbranded Apparel from the Buyer on any account or for any reason.

 

6.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:

 

(a) hold the Goods on a fiduciary basis as Unbranded Apparel bailee;

 

(b) store the Goods (at no cost to Unbranded Apparel ) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as Unbranded Apparel property;

 

(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

 

(d) maintain the Goods in satisfactory condition and keep them insured on Unbranded Apparel behalf for their full price against all risks to the reasonable satisfaction of Unbranded Apparel . On request the Buyer shall produce the policy of insurance to Unbranded Apparel .

 

6.4 The Buyer may resell the Goods in the ordinary course of its business before ownership has passed to it.

 

6.5 The Buyer's right to possession of the Goods shall terminate immediately if:

 

(a) the Buyer takes any steps or has any steps taken against it in connection with the Buyer's insolvency (or potential or likely insolvency); or

 

(b) the Buyer encumbers or in any way charges any of the Goods.

 

6.6 Unbranded Apparel shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Unbranded Apparel.

 

6.7 The Buyer grants Unbranded Apparel, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.

 

6.8 Where Unbranded Apparel is unable to determine whether any Goods are the goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by Unbranded Apparel to the Buyer in the order in which they were invoiced to the Buyer.

 

6.9 On termination of the Contract, howsoever caused, Unbranded Apparel (but not the Buyer's) rights contained in this condition 6 shall remain in effect.

 

7.    PRICE AND PAYMENT

7.1    The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the published price list of the Supplier in force as at the date of delivery.

7.2    The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

(a)    any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); or

(b)    any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

(c)    any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

7.3    The price of the Goods is exclusive of the costs and charges of transport of the Goods, which shall be invoiced to the Customer.

7.4    The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.

7.5    Payment for the Goods must be made in accordance with the terms for payment agreed at the time of the Order by the Customer and the Supplier. Time of payment is of the essence.

7.6    If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (due date), then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the base rate of HSBC PLC from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

7.7    The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

 

8. RETURNING GOODS

 

8.1 Subject to the Buyer having a right to return the Goods pursuant to these terms, all sales are final. However, Unbranded Apparel does subject to the terms of this clause, recognize that there may be occasions when it is appropriate to accept returns from the Buyer and Unbranded Apparel shall, on a case by case basis, consider doing do. For the purposes of this clause, any Goods which the Buyer wants to return shall be referred to as "Returned Goods";

 

8.2 Unbranded Apparel will, in any circumstances, only accept returns if the following conditions are met:

 

(a) The Buyer shall provide a proper invoice and dispatch note number in respect of the Returned Goods;

 

(b) Unbranded Apparel must have issued a valid returns authorization note in respect of the Returned Goods;

 

(c) By way of a restocking charge, the Buyer shall pay to Unbranded Apparel a sum equivalent to either £25/€24 or 15% of the price of the Returned Goods (at Unbranded Apparel discretion);

 

(d) The Returned Goods must not have been worn (including tried on) and must be returned in their original unopened packaging;

 

(e) The Returned Goods must be returned with all original documentation that was supplied with the Goods;

 

(f) Unbranded Apparel retain the right to refuse Returned Goods should Unbranded Apparel deem them to be unsuitable for resale;

 

(g) The Buyer will either:

 

(i) pay for and arrange the return of the Returned Goods; or

 

(ii) if Unbranded Apparel agrees to recover the Returned Goods pay to Unbranded Apparel a charge of £15/€18 per box of Returned Goods. In the event that Unbranded Apparel carrier attends to collect the Returned Goods and that collection is not possible owing to a default of the Buyer, a charge of £15/€18 will be payable by the Buyer to Unbranded Apparel .

 

(h) The value of the Returned Goods must not exceed 5% of the Buyer total spend with Unbranded Apparel during the preceding 12 month period;

 

8.3 The following Goods will not be eligible to be returned pursuant to this clause:

 

(a) Any products from the Result Air Down range;

 

(b) Underwear;

 

(c) Consumables (as defined from time to time by Unbranded Apparel);

 

(d) Any Goods which Unbranded Apparel does not carry as core stock (as defined by Unbranded Apparel from time to time);

 

(e) Any Goods which have been ordered as bespoke Goods by the Buyer (for example, embroidered and/or personalized Goods);

 

(f) Samples;

 

(g) Any Goods which have been in the possession of the Buyer for more than 28 days after delivery;

 

(h) Any Goods which have, as their function, the protection of health and safety and/or the hygiene of the wearer. By way of (non-exhaustive) examples, high visibility garments, earplugs, face masks and goggles

 

9. TAX

 

9.1 The price for the Goods and all other charges shall be exclusive of any value added tax (if applicable) and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.

 

9.2 If the Buyer orders Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of any such import duties and taxes.

 

10. PAYMENT

 

10.1 Unless agreed otherwise by Unbranded Apparel , a Buyer who is not on credit terms must make payment for the Goods at the time that the order is made.

 

10.2 Unbranded Apparel may, at its absolute discretion, agree to provide a Buyer with credit terms for payment. Unbranded Apparel shall be under no liability to offer credit to the Buyer. However, if Unbranded Apparel does agree to provide Goods on credit, the following shall apply:

 

(a) Credit will not be extended to the Buyer unless approved in writing by Unbranded Apparel .

 

(b) Where credit has been granted, payment is due within thirty days of the Delivery Date unless otherwise agreed in writing.

 

(c) Goods will not be dispatched when a Buyer's account is overdue or the credit limit has been exceeded.

 

10.3 No payment shall be deemed to have been received until Unbranded Apparel has received cleared funds. Unbranded Apparel shall be due payment in respect of any Goods even if no invoice has been raised and the raising and/or issuing of an invoice shall not be a pre-condition to Unbranded Apparel entitlement to be paid.

 

10.4 Time for payment shall be of the essence.

 

10.5 All payments payable to Unbranded Apparel under the Contract shall become due immediately on its termination despite any other provision.

 

10.6 If any payments are made by way of credit card, Unbranded Apparel shall be liberty to charge a fee on top of the payment sum which represents any charge levied on Unbranded Apparel by the credit card handler or operator.

 

10.7 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by Unbranded Apparel to the Buyer.

 

10.8 Unbranded Apparel shall have a general and particular lien on all money and property which the Buyer owns or is entitled to possess which is in the possession of Unbranded Apparel or its agents which Unbranded Apparel may sell as the Buyer's agent to reduce the Buyer's debt to Unbranded Apparel.

 

10.9 If the Buyer fails to pay Unbranded Apparel any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to Unbranded Apparel on such sum from the due date for payment at a rate of 2% per calendar month or part in which payment is overdue. Interest remains payable after judgment. Unbranded Apparel reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

 

10.10 Returned or represented cheques will incur a charge of £20.00/€24 per representation.

 

11. QUALITY

 

The Supplier warrants that on delivery the Goods shall:

 

(a) conform in all material respects with their description and any applicable Specification; and

 

(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

 

11.2 Subject to clause 11.3, if:

 

(a) the Customer gives notice in writing to the Supplier within 7 days of the date of delivery hat some or all of the Goods do not comply with the warranty set out in clause 11.1; and

 

(b) the Supplier is given a reasonable opportunity of examining such Goods; and

 

(c) the Customer (if asked to do so by the Supplier) returns such Goods to the place of business of the Supplier at the cost of the Supplier,

 

the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

 

11.3 The Supplier shall not be liable for failure of the Goods to comply with the warranty set out in clause 11.1 in any of the following events:

 

(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 11.2; or

 

(b) the defect arises because the Customer failed to follow the oral or written instructions of the Supplier as to the storage, washcare instructions, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; or

 

(c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer; or

 

(d) the Customer alters, including, without limitation, the addition of print or embroidery to the Goods, or repairs such Goods;

 

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

 

(f) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

 

11.4 Except as provided in this clause 11, the Supplier shall have no liability to the Customer in respect of the failure of the Goods to comply with the warranty set out in clause 11.1.

 

11.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

 

11.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

 

12. LIMITATION OF LIABILITY

 

12.1 The following provisions set out the entire financial liability of Unbranded Apparel (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

 

(a) any breach of these conditions;

 

(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

 

(c) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.

 

12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

 

12.3 Nothing in these conditions excludes or limits the liability of Unbranded Apparel: (a) for death or personal injury caused by Unbranded Apparel negligence; or

 

(b) under section 2(3), Consumer Protection Act 1987; or

 

(c) for any matter which it would be illegal for Unbranded Apparel to exclude or attempt to exclude its liability; or

 

(d) for fraud or fraudulent misrepresentation.

 

12.4 Subject to condition 12.2 and condition 12.3:

 

(a) Unbranded Apparel total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to, at Unbranded Apparel sole election, either:

 

(i) repairing or replacing the Goods (or appropriate part thereof) or provided that, if Unbranded Apparel so requests, the Buyer shall, at the Buyer's expense, return the Goods or the part of such Goods which are being replaced to Unbranded Apparel ; or

 

(ii) the price paid for the Goods.

 

(b) Unbranded Apparel shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

 

12.5 Unbranded Apparel shall not be liable for any loss unless advised of the alleged reason for the loss occurring in writing by the Buyer within twenty-eight days of the Delivery Date. Unbranded Apparel shall in any event be discharged from all liability whatsoever and howsoever arising in respect this agreement unless proceedings are brought within one year of the Delivery Date.

 

12.6 Unbranded Apparel shall not be liable for a breach of contract in respect of the Goods or any matters relating to them insofar as:

 

(a) the Buyer makes any further use of such Goods after giving such notice; or

 

(b) the defect arises because the Buyer failed to follow Unbranded Apparel oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

 

(c) the Buyer alters or repairs such Goods without the written consent of Unbranded Apparel ;

 

(d) the Buyer is responsible for causing the problem, whatever it may be.

 

12.7 The Buyer recognizes that the level of risk taken on by Unbranded Apparel is directly related to the price being charged for the Goods. If the Buyer wanted Unbranded Apparel to accept more risk in respect of the Goods, the Buyer acknowledges that an increase in the price of the Goods would be required.

 

13. TERMINATION

 

13.1 If the Buyer breaches any of the terms of this contract or becomes, or in the reasonable opinion of Unbranded Apparel is likely to become, insolvent Unbranded Apparel may (without prejudice to its other rights) forthwith terminate this agreement.

 

13.2 In the event that this agreement is terminated by Unbranded Apparel :

 

(a) it shall be entitled to be immediately paid any and all sums due to it from the Buyer whether in respect of this or any other contract and including any monies unpaid as a result of credit which Unbranded Apparel has provided to the Buyer;

 

(b) insofar as the Goods have not been delivered prior to termination, Unbranded Apparel shall be discharged from any obligation to supply the Goods.

 

14. ASSIGNMENT

 

14.1 Unbranded Apparel may assign the Contract or any part of it to any person, firm or company.

 

14.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of Unbranded Apparel .

 

15. FORCE MAJEURE

 

Unbranded Apparel reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Unbranded Apparel including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to Unbranded Apparel to terminate the Contract.

 

16. GENERAL

 

16.1 Each right or remedy of Unbranded Apparel under the Contract is without prejudice to any other right or remedy of Unbranded Apparel whether under the Contract or not.

 

16.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

 

16.3 Failure or delay by Unbranded Apparel in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

 

16.4 Unbranded Apparel does, and may, from time to time monitor or record telephone calls between it and the Buyer (or a prospective buyer).

 

16.5 Any waiver by Unbranded Apparel of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

 

16.6 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

 

16.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English & Welsh courts.

 

ALL TRANSACTIONS ARE SUBJECT TO THE COMPANY'S FULL TERMS AND CONDITIONS OF SALE. PLEASE REFER TO OUR WEBSITE FOR THE LATEST TERMS AND CONDITIONS.

 

MISTAKES ARE POSSIBLE: All goods should be checked upon receipt, as worn, printed, embroidered, washed or otherwise processed goods cannot be returned.

 

PLEASE NOTE: We always recommend that all goods within this catalogue are checked for their suitability of purpose to any application process, including wearer trials. Any alterations to goods will deem them unreturnable.