Terms and Conditions
Effective Date: 09/11/2023
1. Preamble
This document, hereinafter referred to as the "Terms and Conditions," governs the contractual relationship between "The Company" Our Club Shop, and users of the website and services provided by the Company, collectively referred to as "Users." By accessing and utilizing the services, Users expressly agree to the terms and conditions herein. Users are urged to carefully review these provisions.
2. Customization and Refunds
2.1 Customization Services
The Company, hereinafter "Service Provider," specializes in providing bespoke custom clothing services to Users. These services allow Users to personalize garments and accessories with design, logo, club badge or text. Users acknowledge that items customized under these services are handcrafted and made to order, and as such, minor variances in colour, size, or placement may occur in the finished product compared to the digital website images listed but best endeavours will be made to keep continuity.
2.2 Returns and Refunds
Due to the inherently distinct and personalized nature of custom items, Service Provider does not extend the customary provisions for refunds or exchanges, except in cases where the delivered item is found to be defective or damaged upon receipt. Users are strongly encouraged to exercise diligence in reviewing and confirming the accuracy of their design specifications prior to the finalization of their order.
2.3 Faulty Items
In the event that Users receive an item that is deemed to be defective or damaged, it is imperative that they promptly contact the customer support department within 7 days from the date of receipt. To facilitate a resolution, Users may be requested to provide photographic evidence to corroborate their claims. Upon confirmation of the defect or damage, Service Provider shall undertake to issue a replacement or a refund, subject to the discretion of the Service Provider.
3. Design Submission and Ownership
3.1 Design Submission
Users who upload their designs to the Service Provider's website thereby affirm that they possess the requisite rights and authority to perform such an act, and consequently, they grant Service Provider a non-exclusive, royalty-free, worldwide license. The said license empowers Service Provider to employ the design in the areas of reproduction, distribution, and related usage solely for the fulfillment of orders through the Service Provider's website, retail locations or pop up shops.
3.2 Ownership
Users maintain unequivocal ownership rights over their submitted designs. Service Provider shall not employ these designs for purposes beyond those that pertain to the execution of the business and its respective orders which includes sale of items featuring the said design to the public. The User reserves the right to request the Service Provider de-list any products their submitted designs and they will be removed within 30 days.
4. Size Selection
4.1 User Responsibility
Service Provider furnishes Users with sizing guides on its website to facilitate the selection of the appropriate size for custom clothing orders. Users bear full responsibility for ensuring the accuracy of their size selections by referencing these guides. Service Provider shall not accept liability for issues relating to size selection or discrepancies stemming from User choices.
5. Payment and Pricing
5.1 Price Adjustments
All prices featured on the Service Provider's website are subject to potential modifications without advance notice. While Service Provider endeavours to maintain price accuracy, discrepancies may arise. In the event of such discrepancies, Users shall be notified and given the option to proceed with the revised price or to cancel the order.
5.2 Payment Procedures
Service Provider obligates Users to remit full payment at the time of purchase for custom clothing orders. The Company accepts various modes of payment, which are detailed on the Service Provider's website for Users' convenience.
6. Listing and Subscription Services
6.1 Listing Fee
Service Provider retains the discretionary right to levy a listing fee for the service of listing products bearing User-provided designs at any juncture. Users shall be informed of this fee in a timely manner. Subsequently, Users may elect either to withdraw their products and discontinue the listing or to opt for subscription to either annual or monthly subscription plans to retain access to the Service.
7. Annual Donation Scheme
7.1 Charitable Contribution
Service Provider has established an Annual Donation Scheme (the "Scheme") to demonstrate its commitment to corporate social responsibility. The Scheme, operationalized every year during the initial week of July, encompasses a comprehensive review of orders executed over the previous twelve (12) months where User designs have been utilized. The primary objective of this annual reconciliation is to ascertain the collective monetary value of products sold that incorporate User designs.
7.2 Charitable Contribution Formula
In consonance with the Scheme, Service Provider shall disburse a charitable donation equivalent to five percent (5%) of the cumulative value of products integrating User designs sold during the specified review period. The charitable contribution fulfills a dual purpose: firstly, to acknowledge and honor User contributions to the creative landscape of the Company; and secondly, to provide support to philanthropic initiatives and charitable causes.
7.3 Beneficiaries
Pursuant to the Scheme, the allocation of the charitable donation shall be delineated as follows:
a. Design Owners: The primary recipients under the Scheme shall be the Design Owners. Service Provider shall oversee the distribution of the donation to Design Owners in a pro-rata manner, commensurate with the extent of their contributions, as determined by the cumulative value of products sold bearing their designs.
b. Nominated Organizations or Charities: In circumstances where a Design Owner elects to redirect their portion of the charitable donation, Service Provider shall honor such redirection and make the payment to the organization or charity nominated by the Design Owner, subject to the condition that such entities are duly recognized and operate in alignment with applicable legal and regulatory standards.
7.4 Right of Cancellation
Service Provider, in the exercise of its sole discretion, maintains the unequivocal right to terminate or suspend the Annual Donation Scheme without any antecedent notice. The Company may invoke this prerogative for an array of rationales, including but not limited to modifications in corporate strategy, exigencies in operations, or shifting philanthropic priorities.
7.5 Governing Law and Jurisdiction
The Annual Donation Scheme and its attendant terms shall be governed by, and interpreted in accordance with, the laws of the United Kingdom. Any disputes or claims arising out of or in connection with the Scheme shall fall within the exclusive jurisdiction of the courts.
7.6 Force Majeure
Service Provider shall bear no responsibility for any failure or delay in the implementation of the Annual Donation Scheme, which may arise due to acts or occurrences beyond its reasonable control. These may encompass, but are not limited to, acts of God, governmental actions, war, acts of terrorism, or labor disputes.
7.7 Severability
In the event that any provision of this section is declared invalid or unenforceable for any cause, such a declaration shall not prejudice the validity or enforceability of the remaining provisions. The parties shall substitute an enforceable provision that most closely approximates the intent and economic effect of the provision deemed unenforceable.
8. Shipping and Delivery
8.1 Shipping Times
Shipping times may exhibit variability contingent upon the product type and destination. Products can be made to order and therefor delivery, although very unlikely, can take upto 30 days. Although we endeavor to offer estimated delivery times, it is imperative to note that these projections are not tantamount to contractual guarantees. Service Provider explicitly disclaims any liability for delays engendered by extrinsic factors, inclusive of but not confined to, the actions or inactions of shipping carriers and customs authorities.
8.2 Delivery Address
It is incumbent upon the User to ensure the provision of meticulously accurate shipping information. Service Provider unequivocally disclaims responsibility and shall not be held liable for misdirected or undeliverable orders resulting from the submission of erroneous or incomplete address details by the User.
9. Privacy and Data Protection
9.1 Privacy Policy
Users' personal information is subject to collection and utilization in conformity with the privacy principles elucidated in our Privacy Policy. By accessing and navigating our website, Users signify their unreserved consent to the collection, processing, and utilization of their personal data in strict accordance with the parameters outlined in our Privacy Policy.
10.Trademarks
The trademarks, logos, and service marks showcased on our website are regarded as the exclusive property of the respective owners. Without the explicit prior written authorization of the Service Provider and the design owners, Users are strictly precluded from utilizing, reproducing, or disseminating these proprietary marks in any capacity or for any intent, whether commercial or non-commercial.
11. Termination
Service Provider maintains an unqualified prerogative to terminate or suspend User access to our website. Such actions shall be executed at the exclusive discretion of Service Provider and may transpire without antecedent notice, contingent upon the identification of a User's violation of these terms and conditions.
12. Changes to Terms and Conditions
These terms and conditions are amenable to revision or amendment by [Your Business Name] at any point in time. Users are urged to regularly revisit this webpage to remain apprised of any modifications to these terms and conditions.
13. Contact Information
For any inquiries or concerns pertaining to these terms and conditions, Users are encouraged to communicate with Our Club Shop via the contact information provided on our website. We are at your disposal to address any inquiries or resolve any concerns you may have regarding our terms and conditions.
14. Acknowledgment and Agreement
By accessing, utilizing, or navigating our website and services, Users affirm that they have diligently reviewed, comprehended, and assented to the stipulations articulated in these terms and conditions. These terms and conditions encompass a legally binding agreement between the User and Our Club Shop, governing the use of our website and services.