We’re are an easy-going bunch, so our T&Cs are as simple as possible.
Let’s be honest they can be a bit of a drag, but there is no way around it!
To be able to deliver to you our best work, products and services possible,
we have put together a set of rules that works for both of us.
Oh, and when we say confirmed in writing* we really mean by email, we know no one writes letters anymore!
Terms & Conditions of Business
Any reference to COBO, We, Our or Us in these Terms & Conditions refers to COBO Design Print & Merch.
Any reference to Customer, Buyer, Their, You or Your refers to the person and/or business wishing to access and/or use the Services We provide.
Any reference to Service, Services, Goods, Products, Garments, Textiles, Order or Artwork, refers to any of the Services we provide.
These Terms & Conditions (together with any documents referred to in it) are a legal and binding agreement and govern Your use of Our Services. These conditions shall apply to all Goods and Services We provide.
These conditions shall take effect to the exclusion of any other Terms and Conditions of the Customer or otherwise. No prior correspondence, addition to, variation or waiver of these Terms & Conditions shall be binding unless agreed by Us in writing*.
Acceptance
By engaging Our Services You are confirming that You accept and are happy to comply with these Terms & Conditions. You agree to be fully responsible for any claim, expense, liability, losses or costs including legal fees incurred by Us arising from Your breach of these Terms & Conditions.
Orders
Each order or acceptance of a quotation by the Buyer shall be deemed to be an offer to buy Our Goods or Services subject to these conditions;
Any quotation given by Us is subject to change at our discretion but will not be changed without conformation to You in writing*.
All quotes sent are valid for 2 weeks from the date sent.
The Buyer shall ensure that the terms of their order and any specifications are complete and
accurate before accepting a quotation.
No order placed by the Buyer shall be deemed accepted by Us until confirmed in writing*.
A confirmed Order may only be cancelled or varied with Our consent. However, giving consent will not remove Our right to recover from You full compensation (including profit) if applicable, for any loss or expense arising from the cancellation or variation of the original order.
Prices
We reserve the right to vary the price of Goods and any other Services we provide.
All prices for Our Goods and Services are quoted exclusive of taxes and duty unless otherwise stated.
The Customer accepts that all Goods and Services will be invoiced at the price ruling on the date of dispatch.
The price for Goods & Services will be the prices set at the time that the order is confirmed.
However, We do retain the right to vary the price payable for the Goods or Services between the date of order and the date of despatch. If the price increase is to be more than 15% on the original price agreed. The Buyer will have the option to cancel the order unless the Goods have been customised and/or ordered for the Buyer
in which case the right to cancel shall not arise.
If the Buyer is to pay in a currency other than in UK Pound sterling, we will calculate the price using the currency exchange rate of Our bank at the time that the order is made.
Delivery & Installation
Unless otherwise agreed by Us in writing*, the Delivery Point for all Customer Orders will be our office.
Collections are Monday to Friday between 9.00am and 5pm, unless otherwise agreed.
If the Buyer wishes the Delivery Point to be anywhere other than Our office, the Buyer must request an alternative Delivery Point and pay the appropriate delivery charges, if applicable.
The Buyer shall take delivery of Goods within 7 days of Us giving notice that they are ready unless otherwise agreed.
Any dates specified by Us for delivery of Goods (including making them available for collection) are an estimate only, on which the Buyer relies entirely at their own risk. Time for delivery shall not be, and shall not be capable of being made by notice, of the essence. If no dates are specified, delivery shall be within a reasonable time with Our view being final as to what constitutes reasonable.
We will always endeavour to deliver Your Goods on the required date, but we cannot guarantee to do so.
We shall, under no circumstances whatsoever, be liable to the Customer for any loss, damage or expenses, whether caused directly or indirectly, by any delay in the delivery of Your Goods. No proposed delivery date shall entitle the Buyer to terminate or cancel the Order unless 180 days has passed from the estimated delivery date.
Where the Buyer has requested that Goods be delivered to the Delivery Point by post, We shall not be liable for any non or late delivery. Unless the reason is an error by Us in sending the Goods to an incorrect address.
If for any reason the Buyer fails to accept delivery of the Goods when they are ready, or We are unable to deliver the Goods because the Buyer has not provided appropriate instructions;
The risk of the Goods shall pass to the Buyer.
The Goods shall be deemed to have been delivered.
We may store the Goods until delivery, the Buyer may be liable for related costs and expenses
including, without limitation, storage and insurance.
The Buyer will need to provide at the Delivery Point, the appropriate equipment or manual labour for unloading the Goods and generally taking receipt of them.
COBO may deliver Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of Our Terms & Conditions. Each instalment shall be considered a separate Order and no cancellation or termination of any one Order relating to the instalment shall entitle the Buyer to reject or cancel any other Order or instalment(s).
If the Delivery Point is to be outside the UK;
The Buyer shall obtain all necessary import licences, clearances and other consents necessary for the purchase of the Goods.
The Buyer must comply with all applicable laws and regulations of the country for which the products are destined. COBO will not be liable for any breach by the Buyer of any such laws.
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.
Goods for delivery outside of the UK may be subject to export and/or import duties and taxes. The Buyer will be responsible for payment of these. If We incur any export charges, these will need to be paid within 7 days of our invoice to the Customer.
Risk /Title
All Goods are at the risk of the Buyer from the time of Delivery.
Ownership of the Goods shall not pass to the Buyer until COBO has received in full, in cash or cleared funds all sums due to it in respect of:
The Goods and/or services supplied
All other sums which are / or become due to COBO from the Buyer on any account or for any reason.
Non-Delivery
We carefully check all of our orders. The quantity of any consignment of Goods as recorded by Us upon despatch shall be conclusive evidence of the quantity received by the Buyer.
Should You not receive the quantity of Goods expected, We will ask You to provide details of any shortages. Claims for shortages or non-delivery must be supported by the carrier’s consignment or delivery note on which the Goods have been signed and checked at the time of delivery. Notification of shortages or non-delivery must be made within 3 working days. We shall not be liable for any non-delivery of Goods unless the Buyer gives notice.
Any loss or damage after delivery is the sole responsibility of the Customer.
Any liability for non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for the Goods.
Returning Goods
Subject to the Buyer having a right to return the all sales are final. However We do, subject to the terms of this clause, recognise that there may be occasions when it is appropriate to accept returns from the Buyer and We may, on a case by case basis, consider doing this (but shall not be under any obligation to do so).
The following Goods will not be eligible to be returned;
Any Goods which have been ordered as bespoke Goods by the Buyer for example,
embroidered and/or personalised Goods.
Samples.
Any Goods which have been in the possession of the Buyer for more than 28 days after delivery.
Seasonal products.
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.
Consumables, as defined by Us.
Any Goods which COBO does not carry as core stock, as defined by Us.
If Goods despatched by Us are returned because the address, (or another matter in relation to the Goods)
given by the Customer was incorrect, the Buyer will then become liable for any further delivery costs
incurred for redelivery of those Goods.
Force Majeure
COBO reserves the right to defer the date of delivery, cancel the Order, reduce the Services available or to 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 out of its business due to circumstances beyond reasonable control.
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. If the event in question continues for a period in excess of 180 days, the Buyer shall be entitled to give notice in writing* to terminate the Order.
Invoices & Payment
Unless agreed otherwise in writing*, a Customer who is not on credit terms must make payment for any Goods and Services at the time that order is made. Charges for design services to be provided by Us will be set out in the written* estimate or quotation that has been provided to the Buyer.
Unless agreed otherwise with the Customer in writing*, all design services require an advance payment of 50% of the project quotation total before the work commences. The remaining 50% of the total will be due upon completion of the work, prior to release of any documents or materials.
Invoices will be generated by Us for each Customer Order. At Our discretion or while work is ongoing, We may choose to combine Customer Orders on to a single invoice. These invoices will be sent to the Customer every Monday and are due to be paid in accordance with our Terms & Conditions.
We may, at Our discretion, agree to provide a Customer with credit terms for payment. We shall be under no liability to offer credit to a Customer. However, if We do agree to provide Goods or Services on credit,
the following shall apply;
Credit will not be extended to the Customer unless approved in writing*
Where a Customer has been given credit, payment is due within 15 days of the invoice date.
Interest will be charged on all overdue sums at the rate of 4% above the Base Rate of Our Bank at that time, accruing daily (and such interest shall continue to be payable after any court judgement).
COBO reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. In addition to this the Buyer shall be liable to pay COBO as a debt any costs/charges/fees incurred (plus VAT) by Us and/or Our agents in connection with any unpaid sums due to from the Customer.
We reserve the right to refuse to dispatch Goods or provide any other Services to a Customer whose credit account limit has been reached or payment is overdue.
We reserve the right to change or amend any part of Customers Credit Agreement at any time. If any change is significant, we will of course, notify You of that change in writing*.
No payment shall be deemed to have been received until We have received cleared funds. We shall be due payment in respect of any Goods and services even if no invoice has been raised and the raising and/or issuing of an invoice shall not be a pre-condition to Our entitlement to be paid.
All payments payable to COBO under these Terms shall become due immediately on its termination despite any other provision.
We may allow a prompt payment discount, at such rate as is agreed with the Customer.
The period when such payment must be made in order to qualify as ‘prompt’ will also be agreed between Us and the Customer. If the payment is not made promptly, We shall be entitled to be paid the full amount excluding the discount and in-line with our payment terms
Confidentiality
COBO acknowledges that We may receive or have access to information which relates to the Customers past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. COBO agrees to protect the confidentiality of the Customers proprietary information and all physical forms thereof.
Unless strict confidentiality is requested by the Customer in advance of the commencement of any work, We reserve the right to display materials and any work created, regardless of stage of completion on our website, social media platforms and anywhere else We deem appropriate.
Copyrights and Trademarks
By supplying text, images, fonts and other data to COBO, the Customer declares that they hold the appropriate copyright, usage rights or trademark permissions. The ownership of such materials will remain with the customer, the rightful copyright or trademark owner. The Customer agrees to fully indemnify and hold COBO free from harm in any and all claims resulting from the customer not having obtained all the required copyright, usage rights or trademark permissions required.
The Customer is responsible for arranging any necessary legal clearance of materials COBO supplies. We will not be held liable for any legal infringements as a result of artwork being distributed or published.
Any artwork, images, text or designs created by COBO on behalf of the Customer, will remain Our property unless otherwise agreed in writing*. A licence for use of this copyright material is granted to the Customer solely for the project in question and not for any other purpose.
The Customer may request from Us, the necessary permission to use materials (for which COBO holds the copyright) in forms other than for which it was originally supplied. We may, at Our discretion, grant this. We reserve the right to charge for this additional usage. Such permission must be obtained in writing* before any artwork, images, text, or other data owned by Us is used.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job brief or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to Indd, psd, AI, png, fla or other source files or raw code. If the Customer requires these files for transfer to an in-house or other designer, this may be subject to a separate quotation or ‘buy-out’ charge.
Artwork Approval, Errors And Omissions
We will take all reasonable care to check proofs carefully for accuracy. Where copy, technical drawings, data or any other documents have been supplied by the Customer these will not be checked. It is considered the responsibility of The Customer to check all artwork carefully before final sign off . As a result, COBO is not liable for loss, expense or damage caused by any act or omission following approval.
Approval of Textile Goods & Signage
All Artwork to be approved will be transferred on to a template depicting the size and positioning of front, rear and side views where appropriate. The Customer will be required to provide a thorough check including, (but not limited to) size positioning and spelling prior to any further work taking place. We will produce your goods to match Your approved proof. COBO cannot be held responsible for any errors which are identified in the Artwork after the Customer has given their approval.
Garments and Textiles
Absolute consistency of sizes (which are approximate “to fit” sizes, supplied by the manufacturer), materials, proportions, colours and shades are not guaranteed and are given as guidance only.
Decoration positioning may vary between garments and exact positioning cannot be guaranteed. Where large prints are placed on smaller shirts We cannot guarantee complete straight print lines on these garments, this is due to the garments being removed from the platen and can usually be pulled back into shape.
On occasions repeat orders may find that the garment, ink or vinyl colour is slightly different to the previous order. Due to the nature of this kind of production COBO cannot be held liable for these fluctuations.
We always recommend that all Goods are checked for their suitability of purpose to any application. Due to variances in screen resolutions & colour profiles. Colour icons and material finishes should not be considered a true representation of their appearance. In the event confusion occurs with garments, textiles, colours or finish, COBO will not be held responsible for any losses incurred. Where possible we will always try to provide samples of garments in advance of orders being placed, There may be an additional charge to the customer for this Service.
All textile Goods must be washed and cleaned strictly in accordance with the washing label instructions attached to the Goods. If the product produced for the Customer has any care specifications contrary to the labels washing instructions, COBO will inform the customer in writing*.
Inks, vinyl’s and textiles used during the printing process will inevitably fade over time. The speed at which they fade will be dependent on many factors including washing temperature, number of washes, exposure to sunlight etc. Therefore COBO cannot be held responsible for fading colour(s). Especially if the garment care instructions have not been properly followed.
Customer Supplied Garments or Textiles
All garments supplied by Us have undergone rigorous testing for their stability throughout the production process as well as their overall quality. However, We cannot be held responsible for damage or loss which occurs to garments which have been supplied by the customer. Examples of damage may include, but not be limited to, the garments changing colour or shape due to heat, damage caused by machinery used in the production process ink/vinyl adhesion or colour representation.
Other Terms
Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect.
These Terms & Conditions between COBO and it's Customers shall be governed by the laws of
England and Wales. Any disputes arising shall be the subject to the jurisdiction of the English courts.
Modification
We reserve the right to change or amend any part of these Terms & Conditions. Of course, if any change is significant We will notify You of the change. COBO has complete discretion to modify or remove any of the Products or Services We provide without warning or liability arising from such action.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights on our Website and in the material we publish. We do not grant You any rights in respect of such intellectual property rights and/or materials. All such rights are reserved.
You acknowledge and agree that any material(s) made available to you by Us is made available for your personal non-commercial use. By using any of Our Services you agree to respect the intellectual property rights of COBO and it's customers and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purposes any material(s), information, quotations, samples or proofs either physical or digital. Any unauthorised use of Our material(s) is strictly prohibited.
Any Failure or delay by Us in enforcing or partially enforcing any provision of these Terms & Conditions shall not be construed as a waiver of any of Our rights under these Terms & Conditions.
Any waiver by Us of any breach of, or any default under, any provision of these Terms & Conditions by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other parts of these Terms & Conditions.