KINGLY Terms and Conditions 2018
Prices are valid for 30 days from date of quote and are ex works Sofia, Bulgaria. Bear in mind that all quotes made are subject to the terms and conditions of sale. Any order placed is subject to the terms and conditions set out, as stated in the offer / proforma / invoice.
1.2 Prices and VAT
Quoted unit prices do not include VAT. However, for all EU member states and customers who are registered for VAT, VAT is zero rated (0%). This means you are exempt from paying VAT. Therefore, invoices will show reverse VAT charge in accordance to EU VAT regulations. However, if a customer of a EU member state is not registered for VAT then the VAT is added at 20% to form the final gross sum. The price payable for the goods you order and their delivery is as set out in the offer, proforma and invoice. We reserve the right to change the prices shown at any time and we will contact you before the order is confirmed in the event of an alteration being made.
1.3 Sampling costs
Samples can be produced prior to full production taking place. This consists of the garment printed and compressed with the 2 branded carton inlays. Costs will vary according to how many colours the T-Shirt is printed in. Unless otherwise stated, the costs of sampling are charged at €90.00 for compressed T-Shirts plus €28.00 for UPS Express freight. A total of €118.00. This amount will not be credited back to you unless otherwise stated as the time required in changing moulds and compressing a sample alone is time intensive and in some cases cost prohibitive.
The main order will be manufactured in the same way as the sample as closely as the production process allows. Therefore, approval of the sample for the main production run is equivalent to approval of the finished product. Any variations will be due to the varying nature of garments and will not be due grounds or reason to reject the finished product. Samples will only ever be guidelines for logo placements, colours and ink coverage. For this reason, no claims can be made because we will produce according to the customers’ acceptance of the sample produced. The production lead-time for producing samples can vary from 5 to 12 working days. It is important to consider that sampling will slow down the production lead times accordingly. For example, if a sample takes 1 week to produce, an extra week must be added to the required delivery date. If no sample is required, a computer-generated layout will be supplied to the customer for approval.
1.4 Production lead times
The production lead times and date of delivery are specified in the offer and are quoted in working days. The quoted lead-time will start once the correct artwork has been supplied, once the layout or sample has been approved and when payment has been received. Therefore, for example, if a customer delays the supply of artwork or payment, we reserve the right to add on those days to the quoted lead-time thus extending the original lead-time given.
1.5 Special urgent production requests
If in the event we have a request to produce an order urgently in a short period, we reserve the right to apply a 10% surcharge to our original price. For example, if an order under our normal lead times takes 30 days to produce and a customer requires it in 15 days then we will apply a 10% surcharge. From our part, we would have to introduce second production shifts to meet that short deadline. In so doing, our operational costs are higher. Because of this, we have to charge for this additional cost.
1.6 Underpriced items due to misplaced Decimal Places or Otherwise
If, by genuine mistake, we have underpriced an item, we will not be liable to supply that item to you at the stated price, if we notify you prior to the order being produced. In this case, we will notify the correct price to you so you can decide whether you wish to order the item at that price.
1.7 Loss of Earnings
We cannot, and will not, be held responsible for any loss of earnings, real or projected, as a result of an order being lost in transit or arriving late if delays are subject to the fault of the transport company. Additionally, we cannot be held responsible if the goods are damaged during transit. Any claims must be taken up with the transport company responsible for the shipment.
1.8 Form of payment
By placing an order, you agree to pay 50% of the proforma value and prior to the goods being shipped, the balance of 50%. Once the first payment is received, we will begin top process the order, not before. Once fully paid and shipped an invoice will be issued. Our acceptance of your order brings into existence a legally binding contract between both parties. Customers are reminded that they should satisfy themselves that the products they are ordering are suitable for their requirements before placing an order. No responsibility is placed with Kingly Ltd for the decision to order. All payments must be in full and in € Euros / GBP. Conversion fees from foreign currencies must be borne by the customer and not deducted from the invoice total.
1.9 Credit terms
Under certain circumstances, credit may be offered. In this case, the form of payment will vary from 40 to 50% on confirmation of order and the balance at 30 days from invoice date.
All orders will be set out in job sheets or computer generated artwork, which must be approved for an order to proceed. Responsibility for the accuracy of artwork layouts supplied lies solely with the customer: mistakes cannot and will not be replaced once your order has entered the production process. Every new job sheet or artwork layout supersedes all other previous job sheets or computer generated artwork. Acceptance of the job sheet or computer generated artwork and acceptance/payment of the invoice means you have agreed to all of our Trading Terms and Conditions.
2.1 Artwork and Designs
You must provide production ready designs AS VECTORS in Adobe Illustrator file format. If this is not possible, a redrawing fee may be charged. Pantone references must be provided for print, embroidery and garment colour matching. All garment, print and embroidery colours shown are only as accurate as the web design process allows and will vary with your monitor settings, software and environmental light etc. Garment, print and embroidery colours can only be matched to a pantone reference, which must be provided by the customer and is stated by us as available (for this we use a Coated Pantone Book). In the matching, there will always be variance due to screen resolutions, environmental factors (such as lighting), garment colour influences on the inks and varying dye strengths.
Our 'colour matching' service is Free of charge. We will do our very best to match all colours, but due to the nature of mixing inks, the variance in colour between wet and dry phases of screen-printing, environmental factors and colour conversion, our 'colour matching service' is a guideline or best-estimate only, and is not guaranteed to be a perfect match. We will not be held liable for any errors in matching colour, or loss of earnings in matching colour, nor will we refund goods based on colour matching. If there is any doubt about colour matching, we recommend ordering a sample.
Design positioning must be specified and agreed at the ordering stage, along with an approved mock-up. All placements are approximate and the print/embroidery will vary depending on the size of the garment - for example, a 40mm print will look smaller on an XXL garment than it would on an XS. By agreeing to these points you understand that variance in dimensions, placement, colour, ink coverage and visual appearance can change between products and agree to allow us to use our professional judgement in this matter. All artwork, designs and specifications supplied / approved are guidelines for the printing stage only.
2.2 Copyright designs
It is the client’s responsibility to gain authorization to use any copyrighted, trademarked or otherwise licensed material/ logos in their order. We will not be held liable for use of copyrighted, trademarked or otherwise licensed logos, designs or artwork in products supplied to your specifications.
2.3 Designs and images
We may occasionally use examples of compressed textiles and other products we have previously produced in our brochures, websites and exhibitions. If you would prefer to opt-out or keep your relationship to us discreet, please let us know by clearly stating on your order or artwork approval.
Set-ups will be charged on all screens. Screen print set-ups are per colour/design and are charged at €24 per colour.
This is a bespoke manufacturing service whereby we manufacture one-of-a-kind goods to your specifications and therefore refunds and returns of goods are not possible. We will accept no returns of garments – blank or customized – for any reason; therefore, we encourage customers to take care with the specifications and take care to understand the terms and conditions of their order. By making a purchase order or by signing off the job sheet or accepting computer generated artwork and invoice you agree to pay for the goods listed and understand that no refund, replacement or compensation can be claimed for the goods once the order has been placed.
2.6 Availability, shortages.
At times, stock-outs and shortages may occur between the times when availability was last checked (invoice) and the point where the stock is drawn down (payment) particularly if there is a delay in payment. In this instance, we will inform you of this as soon as possible and will look to offer replacements. This may affect the price, which will rise or fall accordingly, and may result in an issue of a further invoice to you or remittance advice from us or we may offer to send the goods on shortly after. The rest of an order will proceed despite the stock-out and cannot be cancelled because of stock-outs. We will not be liable for any loss of earnings arising from stock-outs or from any delays in the production process.
2.7 Exact Orders
Due to the nature of garment decoration manufacturing, you agree that the total quantity of goods delivered may vary +/-3%. The reason being that we have a thorough QC process that means rejected products are flagged up in production, If you require an order of exact quantities, we advise you to order 3% more than needed: This is due to the (unlikely) occurrence of seconds in the production process which may mean an order is short after the seconds have been identified. If we send less product than ordered for this reason, it will be detailed in the dispatch sheet and the product will be sent on later or you will be issued a credit note for the products held back which will pass to your next order.
Where shortages occur the credit for these will pass to your next order. We must be informed of any shortages, in writing, within 48 hours of delivery.
2.9 Turnaround Time
Our average order turnaround is 3-4 weeks. This can be as long as 6 weeks or more on complicated orders or during busy periods. You will be given a provisional completion date once your signed-off and paid for order enters the production process.
For custom high volume, orders that are produced overseas turnaround time can be up to 4 months from the date of payment.
For custom high volume orders; during the period between P/O and payment there may be items on the job production critical path that need urgent attention to ensure delivery arrives on a quoted estimate date e.g. information to produce production sample. Failure of the client to respond quickly to information / artwork / approval requests from our order management team may result in order delays.
All turnaround durations are estimates and we cannot guarantee exact delivery dates. We will not be liable for any loss incurred due to production or delivery delays.
2.10 Cancellations and Refunds
Once an order has been placed, the manufacturing stage starts immediately and costs are borne by us. Therefore, we stress that once an order has been placed, it is unlikely that the order be cancelled. In the event that the order is cancelled, all costs will be invoiced to the customer. Returns and refunds cannot be accepted.
All garment, print and embroidery colours shown on the website are only as
2.11 Colours: garments, prints and embroideries
They are produced as accurately as the design process allows. Garment, print and embroidery colours can only be matched to a Pantone reference, which must be provided by the customer and is stated by us as available. In the matching, there will always be variance due to screen resolutions, environmental factors (such as lighting), garment colour influences on the inks and threads, and varying dye strengths. We will do our very best to match all colours, but will not be liable for any errors in matching due to a customer's perceptions. If there is any doubt, we recommend ordering a sample.
2.12 Printing process
We use CMYK process print and pantone referenced inks. We use our processes to best represent the image and design files provided. We are not liable for any loss or reimbursement because of the resolution, colouring or ink coverage not exactly matching the images provided. Our printing works best on lightly coloured garments. If there is any doubt, we recommend you order a sample.
2.13 Show Through and Ink Coverage
All prints and embroideries will be applied to the highest quality, but due to the nature of garments, there will never be 100% ink or thread coverage. No two garments are the same, and so thread will show through the prints or embroideries on some or all of your products. This is particularly the case when printing light colours on darker garments. We will not be held liable for any loss resulting from this, nor will we accept return of the garments. For a reason we recommend that, you order a sample prior to full production taking place.
All sizes are estimates and are not guaranteed. Please double check the size chart of the garment, bearing in mind that whilst sizes on size charts often relate to the body size of the wearer, rather than the garment, some size charts may differ. If you are concerned about sizing, we recommend ordering samples. Due to the mix of mechanized and human manufacturing, there is some variance in garment sizing between identical products, occasionally up to an inch in each dimension across all manufacturers. Therefore, exact sizing cannot be guaranteed, and size charts should be used as a guideline only. We are not responsible for any loss of earnings because of miss-ordered sizing or sizing variance.
2.15 The Drying Process
Every screen-printed garment is dried mechanically and as such may affect the garments and prints. A print's colour can be mildly changed during this drying process, and by placing your order, you understand that there may be some print colour variance between items. Some garments may take on a slight tinge from the drying process. We have a stringent quality control process, but at times, some affected garments get through. This tinge can be easily rectified with a single domestic wash: you may send these back for us to do, or launder yourself.
Where there has been a genuine manufacturing error i.e. holes, torn etc. We will investigate and endeavor to repair or replace affected goods as we see fit in order to supply garments to specification. This does not include ordering errors on the part of the customer, and does not supersede other related terms.
2.17 Supplied Goods by customer
Please note that any garments supplied by you must be accompanied by a packing list. At times, the true quantity of garments supplied may not match what is in the packing list, If this is the case you will be notified. We cannot be held responsible if less quantity is supplied to us.
Full title in the Goods shall remain vested in us until we receive payment in full. We reserve the right to sell any unpaid goods over a specified period of time that is 120 days from date of invoice.
The liability for loss or damage in transit, or thereafter, shall pass to the customer upon the delivery of the order to a common carrier for shipment. Shipping dates are approximate and are based, largely, on prompt receipt by us of all necessary ordering information from you. The customer shall bear all costs of transportation and insurance. We will add transportation and insurance costs to your invoice. We shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labour, shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from you, or otherwise arisen out of causes beyond our control. Nor shall we at any time be liable for any incidental, special or consequential damages. The customer shall be responsible for all customs clearance and payment of all charges and duties in the territory unless we have agreed to organized this. The risk passes to the buyer upon leaving us and on delivery to a common carrier. We are not liable for any losses in transit.
2.20 Goods, Delivery, Handling and Responsibility
You will need to be sure that you or your customer have sufficient and proper equipment and that your own designated personnel are available to unload products/goods delivered to your premise(s) as the delivery companies’ drivers are not obliged/required to provide assistance in unloading and/or placing your order.
2.21 Delays beyond Our Control
We shall have no liability to you for any failure or delay in the delivery of goods ordered, or for damage or defect to goods caused by events or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
2.22 Packaged Deliveries
Orders will arrived boxed in bulk unless stated otherwise. Individual folding, bagging and packaging can be supplied at further cost.
2.23 Exclusion of Liability
We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential, indirect, or special loss or damage arising out of the purchase of any goods by you from us or late or non-delivery of goods. We do not accept liability for any loss from claims of third parties arising out of the use of Goods or Services purchased from us. We shall not be liable for any misrepresentations. We accept zero liability for all losses not specifically mentioned here, as well as any liability for health issues that may occur from the use of products supplied to you by us.
We will endeavor to provide the highest quality goods as standard, and these will arrive in a merchantable quality. Any wear and tear or depletion of goods due to use and wear are not our responsibility and we will not be obliged to replace or refund any goods. Further to this, it must be noted that our clothing is sensitive to tumble drying and warm washing; both must be avoided. Pay extra attention to the wash care instructions inside the hem label and if in doubt about what these mean, please get in touch. We recommend all items are washed at 30 degrees Celsius and hung out to dry – not tumble dried.
We will not accept any liability for loss or profit or consequential losses suffered because of erroneous delivery, production or delivery delay, or otherwise. The risk inherent in all goods passes to the customer as soon as production is complete and the order is dispatched.
2.26 Governing Law
The contract between you and us shall be governed by and interpreted in accordance with EU law, and the EU courts, namely Bulgaria shall have exclusive jurisdiction to resolve any arising disputes.
All information supplied by either party to the other and identified as confidential by the recipient shall be kept strictly confidential by the recipient and shall not be disclosed to any third party without the other's prior written consent. Each party shall take appropriate steps to ensure that its employees, subcontractors and agents are also bound by confidentiality undertakings with respect to products, suppliers, printers, and supply chain and supply partners.
All confidential information and documents supplied to either party shall be returned to the supplying party on expiry or termination of this Agreement. The obligations of confidentiality in these Terms and Conditions shall remain in force after expiry or termination or any relationship between you and us.
2.28 Intellectual Property
All intellectual property associated with our brand, supply chain, processes and all other relevant elements of our business will remain ours. Customers have no right to use our images and documents without written permission. Images and documents can be used whilst we are your supplier: the agreement to use our images and documents expires immediately when you change supplier, or when we inform you - whichever comes sooner.
Where a certification is stated, please bear in mind that this will only apply to the garment and it is likely this will not extend to any of the embellishments or labelling.
We are not responsible for your use of any certifications, trademarks, artwork, logos or licenses in your product, marketing or otherwise. Customers are strongly recommended to read the latest guidelines from the certification bodies that regulate the use of their logos.
Labels are a legal requirement in clothing - they serve to give an accurate representation of the contents and wash care standards of the garment they are in. We can add labels, remove labels or replace labels to your specifications, or we may choose to do so for copyright, trademark, intellectual property or commercial confidentiality reasons without prior notice being given. We are legally obliged to ensure that the replacement label will always contain the correct contents and wash care instructions, although the size, design, placement, application style and quality may change. Customers should expect minimal wash care labels in products unless stated otherwise. If you would like a specific label (for example, those you have seen in samples) please request this at the order stage. Neck labels are also open to change: a manufacturer, branded by us, designed to your specifications or plain, may brand them.
We may subcontract any part or parts of product sourcing, production and delivery of Good and/or Services without prior notice. If we do not have the required stock for your order, we may source an exact replacement to fulfil the order. You will not receive prior notice of this if the replacement garment is the same specification, colour, size, style and material. If exact replacements are not available, we will discuss alternatives with you and gain your approval before proceeding.
2.32 Entire Agreement
These terms and conditions, delivery details and contract details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by a director of Kingly Ltd and will always supersede the customer’s Terms. In particular, nothing verbally agreed by any of our staff should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading unless it is made fraudulently. No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part or such rights or remedies unless such waiver is confirmed in writing.
2.33 Scope of Agreement
(a) These conditions apply to all Goods and Services supplied by us to you and shall govern the contract to the exclusion of any other terms and conditions. In particular, these conditions shall override and supersede any terms or conditions of purchase of the Buyer purported to be incorporated expressly or implied into the contract. You accept these conditions by purchasing the goods and / or services.
(b) All correspondence and documentation relating to the Order shall be in English language. If translations exist in other languages, the English version shall prevail if in conflict.