By ordering from Simple Merch (simplemerch.co.uk) you are acknowledging and agreeing to the following Terms and Conditions.
1. Basic terms and conditions
- 1.1. These terms and conditions will apply to any and all contracts between The Embroidery Company Ltd T/A Simple Merch (“Simple Merch” or “Us” or “We”) and its customers (“The Customer” or “You”).
- 1.2. Simple Merch is a trading name of The Embroidery Company Ltd. Registered in England and Wales No. 4790257. VAT Registration Number 897400886.
- 1.3. Simple Merch can be be contacted with by phone via the contact form on our Contact page.
- 1.4. We will contact You using a means of communication provided to Us at the point of ordering, usually via phone, or via email.
- 1.5. Written forms of communication referred to in these terms and conditions will also relate to emails.
- 1.6. Simple Merch reserves the right to refuse or cancel any order place online, via email or over the phone.
- 1.7. Any dispute relating to these terms and conditions relating to the contract between Simple Merch and the Customer shall be dealt with under English law.
- 1.8. These terms and conditions do not, in any way, affect The Customer’s statutory rights.
2. Payment
- 2.1. Prices shown on www.simplemerch.co.uk are exclusive of VAT
- 2.2. Prices shown on Simple Merch quotes are exclusive of VAT
- 2.3. Our standard payment terms are payment on approval, which means 100% payment up front at the point of ordering and accepting your order.
- 2.4. Simple Merch accepts payment via most commonly used debit and credit cards
- 2.5. Simple Merch accepts payments via BACS for business customers
- 2.6. Ownership of goods will not pass onto The Customer until such time as full payment has been made. Full payment is recognised as receipt of cleared funds for the whole order relating to the goods and/or services provided.
- 2.7. Credit terms are possible for business customers, at the discretion of Simple Merch and if given are a maximum of 10 working days (14 days calendar days). If any other payment arrangement is made this will be on an order by order basis and must be confirmed by Simple Merch in writing.
- 2.8. All payments must be cleared funds before we will book your order into our production schedule.
- 2.9. Any outstanding payment will delay your order. We will not book your order in to our production schedule without your order first being paid for, unless otherwise agreed, or if your payment terms have been previously agreed to be anything other than payment on approval.
3. Turnaround Times
- 3.1. If any part of the order is changed or amended by The Customer, Simple Merch reveres the right to amend or update the scheduled turnaround time.
- 3.2. Turnaround times are shown for each products and can vary depending on various factors and at the discretion of Simple Merch.
- 3.3. Turnaround time starts when the order is fully confirmed and paid for (unless any other specific agreement has been made). The sooner order details can be confirmed and the order paid for, the sooner we can fit the job into our production schedule and start processing the order.
4. Artwork Accuracy & Approval
4.1. If any artwork/proof(s) are accepted by any means, you are confirming that all the details are correct, and you are giving consent for us to proceed onto the next stages of production. You also understand that any changes or amendments made, after confirming any artwork/proof(s), may not be possible.
5. Visual Proofs
- 5.1. Visual proofs are not necessarily supplied for every order. Simple Merch reserves the right to produce visual proofs at their discretion.
- 5.2. If a visual proof/ multiple visual proofs are created, this/ they must be approved in writing, preferably via email to Simple Merch.
- 5.3. If you would like a visual proof and one has not been supplied, please bring this to the attention of Simple Merch as early in the ordering process as possible.
- 5.4. Order details for which an associated visual proof has not been created, which contain any error(s) for any reason, is the sole responsibility of the customer. Simple Merch is not liable to replace, reproduce or compensate for any and all reasons.
- 5.5. Order details for which an associated visual proof has been created, which contain any error(s) for any reason, is the sole responsibility of the customer. Simple Merch is not liable to replace, reproduce or compensate for any and all reasons.
- 5.6. Visual proofs are strictly for representation purposes only. Although every attempt is made to accurately portray the final design/layout, the final product may differ from the visual proof.
- 5.7. Simple Merch outlines key information which is required to be checked before visual proof approval. This is explained on every visual proof document. Any information or details which is/are incorrect, but gets confirmed, is the sole responsibility of the customer, whether directly prompted to be checked by Simple Merch or otherwise.
- 5.8. Visual proofs are not supplied as standard for orders containing items supplied by the customer.
6. Delivery times, fulfilment and costs
- 6.1. Delivery and fulfilment timescales are usually for each individual product and our standard delivery method is courier delivery (next working day delivery after order completion).
- 6.2. Once orders are collected by our courier of choice, we cannot be held responsible for any late deliveries, lost package(s), damaged package(s) or any other unforeseen circumstance as a result of a courier company. Our best efforts are made to ensure there are no issues, but once orders leave our premises timely delivery is out of our control and we are relying on the chosen courier.
7. Changes and Amendments
- 7.1. All changes or amendments must be made in writing, preferably via email, to Simple Merch as quickly as possible.
- 7.2. Any and all changes and/or amendments must be requested as quickly as possible. Once orders have been approved, it might not be possible to change certain elements of the quote/ invoice/ order details.
- 7.3. If you decide to change order details after stock has been ordered, this may incur a 20% restocking fee (based on the quantity blank piece price of garments). Additional charges such as a courier delivery charge for us to return the items to our suppliers may also be charged.
- 7.4. If production has started and you decide to change information, you will be required to cover the quantity blank piece price of any garments or items that have already been customised (i.e. printed, embroidered or any other form of customisation), plus any labour fees charged at £30.00+VAT per hour (minimum charge 2 hour labour) and any material costs which would need to be discarded.
8. Artwork Positioning, Tolerances and Sizing/ Resizing
- 8.1. Every effort is made to locate artwork in the correct position, orientation or alignment. Some elements of the customisation process are completed manually, to the best of our ability, and we, therefore, cannot guarantee artwork is positioned exactly in the same position on each and every garment.
- 8.2. If a design is required in a specific position this must be made clear to Simple Merch, in writing, before any quote and/or invoice is approved/ order placed.
- 8.3. As standard, artwork which is to be printed and/or embroidered onto different sized garments is not adjusted based on the given size of the garment. If there is a desired requirement, this must be made clear to Simple Merch, in writing, before any quote and/ invoice is approved or order is placed. Whether this is possible or not, is judged on a case by case basis and is ultimately down to the discretion of Simple Merch. Additional fees may apply.
- 8.4. Any positioning that is queried after an order is placed, or after quote/ invoice confirmation or job completion, is subject to review by Simple Merch. This must be done firstly by Simple Merch requesting images of the item(s) in question and then subsequent reviews may be required by returning the physical garments back to Simple Merch where a decision will be made. If the positioning tolerances fall within our acceptable parameters, Simple Merch cannot be held responsible for any positioning which is deemed to not be correct by The Customer or end user.
- 8.5. Based on the customisation method (e.g. embroidery or print) there are acceptable tolerance levels for artwork/design sizing.
- 8.6. We reserve the right to adjust any artwork/design by what we believe to be an acceptable margin (usually around 20% plus or minus of any design size), without the need for express consent from the customer.
- 8.7. Re-sizing of print artwork can be done without any additional artwork fee.
- 8.8. Re-sizing of embroidery artwork, if outside of approximately 20% plus or minus of any design (judged on a case by case basis), may incur either an edit digitisation fee (pricing based on complexity of edit), or a new digitisation fee (£20.00+VAT).
- 8.9. An example of a chargeable new digitisation fee, for a design currently saved on file with Simple Merch: The customer wanting to embroider a design that has been previously digitised and has been saved on file for a left breast (approximately 10cm wide), as a back design (approximately 25cm wide). Due to the increased stitched count needed for the larger design, a full new digitisation would be required and would be charged for.
9. Artwork File Types
- 9.1. Artwork should be supplied to us in the highest resolution possible.
- 9.2. The accepted file types for uploaded files are .ai, .eps, .pdf .jpg, .png
- 9.3. The maximum file size per uploaded file is 5mb
10. Artwork Policy
- 10.1. Simple Merch reserves the right to refuse, reject or request amendment from The Customer if any provided, or uploaded files and/or artwork include or feature, but not limited to, any of the following:
- 10.1.2. Intellectual property (IP) infringement
- 10.1.3. Swear words or foul language
- 10.1.4. Explicit or implicit sexual content and/or nudity
- 10.1.5. Violent images
- 10.1.6. Promoting violence
- 10.1.7. Hate speech
- 10.1.8. Hate symbols or iconography
- 10.1.9. Drug usage
- 10.1.10. Racist wording, images or iconography
- 10.2. Depending on the individual requirement, Simple Merch will decide which customisation print process to use in the production process. The Customer has no rights to reject, refuse or return goods based on the print process used.
- 10.3. The Customer must supply artwork of good enough quality to be used for the relevant customisation process. The customer has no rights to reject, refuse or return goods which are deemed to have poor quality artwork. This covers any and all eventualities where Simple Merch has contacted The Customer about artwork or artwork quality.
- 10.4. Although every effort is made is reproduce artwork as accurately as possible, we cannot guarantee exact colour matches with either the embroidery or print customisation methods. The Customer has no rights to reject, refuse or return goods due to colour variation, if this falls within Simple Merch’s acceptable tolerances.
- 10.5. Acceptable colour tolerances are at the sole discretion of Simple Merch.
- 10.6. Customisation locations referred to or outlined are for reference purposes only. Exact positioning of customisations are at the discretion of Simple Merch. The Customer has no rights to reject, refuse or return goods which are deemed to be positioned in correctly.
- 10.7. Simple Merch has sole discretion of the parameters of correctly positioned customisations.
- 10.8. If Simple Merch needs to make edits or amendments to any supplied files or artwork, to make them suitable for any customisation process, it is The Customer’s responsibility to check this and make sure they are happy for the artwork to be used in the production process.
- 10.9. Simple Merch doesn’t accept responsibility for artwork which is supplied or uploaded, but which has errors.
- 10.10. Simple Merch cannot be held responsible for any accidental changes to artwork, which occur in any part of the production process
11. Information Accuracy
11.1. Please be aware that colours shown or depicted on Simple Merch’s website, specifically relating to the representation of garment colours, may not always exactly match the physical product. Whilst every effort is made to portray an accurate representation of colours, we cannot be held responsible for differences in product images, colour images, colour thumbnails, colour selection icons, from that of any and all physical products or items.
12. Washing and Garment Care
- 12.1. We aim to include a garment care guide with all clothing orders, however, on the occasion that this is not included, we recommend the following washing/ care instructions:
- 12.1.1. Wash inside out
- 12.1.2. Do not bleach
- 12.1.3. Wash at 30 degrees
- 12.1.4. Do not tumble dry
- 12.1.5. Do not iron on print or embroidery
- 12.2. Any issues, defects, damages and/or any other actions or processes that do not follow, or are caused by not following, our washing and care instructions are not the responsibility of Simple Merch under any circumstances.
13. Garment Manufacturing Defects
- 13.1. While every care is taken to ensure that all items that we supply are free from things such as, but not limited to: dust, marks, stains, defects, tears, holes, size discrepancy, incorrect labelling, loose stitching etc, as we do not manufacture the base products ourselves we rely on manufacturer(s) to ensure the highest level of accuracy and cleanliness directly from factory.
- 13.2. Any obvious removable marks will be taken care of by us in house, however, we cannot be held responsible for any of the above issues which we cannot easily spot and remove, or any of the above issues which are missed by us.
14. Cancellations, Returns, Refunds and exchanges
14.1. In this section the terms “Customisation” or “Bespoke customisation” relate to the personalisation of goods, by Simple Merch, using methods such as, but not limited to, embroidery, printing, badging, sewing.
- 14.2. Any goods or services that are sold by Simple Merch, which include any bespoke customisation are not subject to be returned.
- 14.3. Any goods or services that are sold by Simple Merch, which include any bespoke customisation are not subject to be cancelled once confirmed and/or once any element of the production process has begun.
- 14.4. Any goods that are sold by Simple Merch, which include any bespoke customisation, which are ordered in the incorrect size by the customer, are not subject to be returned.
- 14.5. For goods which are deemed as faulty by the customer, Simple Merch must be notified in writing, preferably via email, within 14 working days from the point of order completion. Each instance will then be assessed on a case by case basis and further investigation may be required to ascertain the cause of any perceived fault.
- 14.6. Goods which are damaged as a result of any and all influences outside of the control of Simple Merch; which can include, but are not limited too: tearing, cutting, scoring, stitching coming loose, discolouration, shrinkage, incorrect washing, tumble drying, ironing, high levels of heat, bleaching, wear and tear are not subject to be returned.
- 14.7. Incorrect items as a result of any mistake made by The Customer, at the point while ordering at www.simplemerch.co.uk, for any reason, are not subject to be returned once payment has been made and the ordering process has been completed.
- 14.8. Incorrect items as a result of any mistake made at the point of quoting (for offline orders), either by the customer or Simple Merch for any reason, are not subject to be returned once quotes and/or orders have been confirmed by the customer.
- 14.9. As outlined in our Garment Manufacturing Defects section (section 13): Any obvious removable marks will be taken care of by us in house, however, we cannot be held responsible for any of the issues outlined in the Garment Manufacturing Defects section which we cannot easily spot and remove, or any of the same referenced issues which are missed by us.
- 14.10. If goods are deemed to be returnable by Simple Merch after investigation, a replacement, exchange or refund will be offered to the customer. Each case will be treated individually and dealt with at the discretion of Simple Merch.
15. Samples
- 15.1. All items must be returned to us within 10 working days of the collection/ delivery date, unless otherwise agreed.
- 15.2. Samples must be returned in the same condition as received (e.g. unwashed, undamaged, unworn (apart from trying on, if applicable)). Any tags/ labels still attached and any packaging or bagging returned in a useable condition.
- 15.3. Any samples which are not returned to us within this timescale or are not in a condition as outlined in section 15.2. are subject to charge.
- 15.4. An invoice for any unreturned samples may be issued, up to the value of 100% of the total quoted cost of any quote/ invoice, at the discretion of Simple Merch.
- 15.5. The price(s) shown on any accompanying quote are/is the amount(s) that charges will be based upon should goods not be returned to us by the specified return date. The only exception to this are any specific prices which have been separately agreed or quoted by Simple Merch.
- 15.6. If blank/plain items are purchased and are intended to be used as samples, these items can be returned to us, at the customers own cost, providing the returned items are sent back in the same condition as they were originally sent. Please refer to section 15.2.
- 15.7. Returning purchased samples will incur a 20% restocking fee (based on the quantity blank piece price of garments). Additional charges such as a courier delivery charge for us to return the items to our suppliers may also be charged. All returns charges issued are at the discretion of Simple Merch.
16. Marketing, advertisements and social media
- 16.1. Unless expressly communicated to Simple Merch in writing, Simple Merch reserves the right to use images of customer products and artwork (this includes but is not limited to: embroidered logos, designs and text, Printed logos, designs and text, any other form of decorated and/or personalised logos, designs or text. Any products either supplied to or supplied by Simple Merch), in any marketing materials, advertisements and/ or social media channels.
- 16.2. For more information please contact us.
17. Copyright
- 17.1. With any and all orders placed with Simple Merch the customer accepts sole responsibility for the copyright and reproduction of any and all images/designs/logos etc which are supplied to Simple Merch. It is agreed that the person supplying any artwork is the owner and/or has the right to use any supplied files.
- 17.2. Simple Merch is not responsible, for any and all reasons, for verifying the validity of copyright.