Terms and Conditions of Business (ver0.1)

When you use the Flexxgenix Ltd website, you consent to the processing of your personal data in line with the Flexxgenix Ltd Privacy Policy.  You agree and accept full responsibility to provide up to date and accurate personal information at all times.

The Flexxgenix.com website (hereinafter referred to as “the Website” is owned by the Flexxgenix Ltd Company (hereafter referred to as “the Company” or “we” or “us”) and operated by or on behalf of the Company.  The Company retains all intellectual property rights including copyright over the content and associated software made available to its customers through the website.  All users are prohibited from misusing, distorting, or using the content in connection with any other business use.

Flexxgenix Ltd has absolute discretion to amend, vary or withdraw any of the terms and conditions and part of the website at any time and without notice.

 

Please be advised that by accessing and using of the website to place an order, you agree to the current terms and conditions which may be updated from time to time as well as any applicable law in force at the time. It is therefore your responsibility to check the terms and conditions regularly before placing any orders in case there has been a change. The terms and conditions do not affect your statutory rights.

 

If you do not agree with the terms and conditions, then please desist from using the website immediately.

 

When you buy a product from the website, you must be 18 years or older unless you have the agreement or are under the supervision of a parent or guardian and you must possess a valid bank credit or debit card. 

 

When you provide your details to the website on placing an order, you undertake to provide accurate and up to date information and you further undertake that you are authorised to use the bank card (debit or credit) or other elected payment method that you have used. Any attempt or actual use of a false name and/or known invalid payment card or method when placing an order is a criminal offence and amounts to fraud.  The Company Flexxgenix Ltd takes all fraud seriously and you will be prosecuted. All documentary evidence accumulated and connected to any fraudulent activity including and not limited to any attempt, will be handed over to the police and prosecuting authority.

 

The Company reserves the right to terminate its agreement made with you and may limit or terminate your access to the Website immediately without notice at its sole discretion.

 

PROHIBITIONS

Your account and/ or any order will be deactivated (not exclusive list) if you:

• Breach any of the terms and conditions set out in this policy and any applicable laws or rights of a third party.
• You fail to make a payment for the goods.
• You fail to provide information requested to support the authenticity of the personal information you have provided and /or you have engaged or we suspect that you have or are about to engage in criminal fraudulent activity against Flexxgenix Ltd.
• Misuse the website by committing or aiding and abetting any fraudulent activity.
• Violate the rights of others
• Transmit any malware such as but not limited to trojans, viruses, logic bombs, bots, or worms which in any way compromises the website or its contents or is technologically harmful to its functionality, and user experience. Any attack via a denial of service attack or a distributed denial of service attack is not permitted. Any such breach is a criminal offence under the Computer Misuse Act 1990 and will be reported to the law enforcement authorities and we will disclose your identity to them.
• You must not attempt to gain unauthorised access to the website, the server on which the website is stored or on any server, computer or database connected to the website.
• Post any adverse, inciteful, malicious, discriminatory, and/or prejudicial material which is likely to cause any alarm, distress, or offence to others.
• Disseminate any spam or unsolicited or unauthorised content through the website or otherwise.

 

By use of the website and any resulting breach of the terms and conditions that is committed by you will result in you being held responsible for any actions, damage, costs, losses, liabilities or expenses arising from the breach that the Company, its directors, employees, agents and suppliers incur and this will include all legal fees where applicable.  You agree to indemnify, hold harmless and defend the Company, its directors, employees, consultants, agents, affiliates and suppliers from any and all third party claims, liability, damages and costs where applicable, but not limited to legal fees arising from your use of the website and/or any breach caused by you of the Company’s Terms and Conditions.   

 

The Company has the absolute right to withdraw or amend any of its services without prior notice.

 

EXTERNAL THIRD-PARTY WEBSITE LINKS AND DISCLAIMER

The website may contain links (or you may be sent through the website) belonging to other websites or contents which are not under the control or management of the Company and so the Company therefore assumes no responsibility for any third party website and the accuracy, validity and reliability of its contents or for any loss or damage that may arise from your access and use of (or inability to use) them and/or the information contained on them. You will be the subject of the Terms and Conditions of use of any such websites and you assume all responsibility for use of any such third-party websites. Please be advised that links to third party sites are not to be taken as an endorsement by the Company of the third-party site, or any promoted products or services offered therein. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products and services.

 

LINKS TO OUR WEBSITE

You may link to the Website Homepage providing that it is undertaken in an ethical and legal manner which does not compromise or exploit the Flexxgenix Ltd brand. Such a link must not suggest any endorsement, association, or relationship by the Company, express or implied where such an agreement does not exist. Any such agreement with the Company will be the subject of a legally binding contract with separate terms and conditions.

 

Terms of Agreement

When you use any of our websites to obtain quotes or process an order with us, these Terms and Conditions of Business constitute the legally binding agreement between us. You are responsible to carefully review these Terms and Conditions of Business before using this website and before processing an order or quotation with us. Your use of any of our websites is subject to your understanding and acceptance of our Privacy Policy and Terms and Conditions of Business. Use of our website or acceptance of a quotation will be considered acceptance of our policies. If you do not agree to the Terms and Conditions of Business below, you should not use our services. We have the right to modify our Terms and Conditions of Business, so please review them periodically. 

Please contact us if you have any doubts at any time.

Pricing

All prices on our website are quoted in pounds sterling (£). Prices may be subject to change without notice, but we will always inform you of any price change prior to processing your order. Any pricing structures seen on our website may differ if your order requires express delivery or is bespoke in any way. This is because stock of delivery issues may cause an increase in price and because sometimes our suppliers change prices without warning, and we are not able to update prices instantaneously. You will be fully informed of your price or change in before your order is confirmed. This may be after payment. We have the rights to cancel any order at any time.

All delivery is charged to a UK address or an estimated international delivery charge. If you have requested delivery outside of the UK, or if your postcode is outside standard delivery zones, please note that you may have to pay extra delivery at a later stage when we know the total cost of the order. This extra charge may be added after your initial payment, due to change in weight of delivery for example.

If after payment, a pricing error or anomaly is made apparent we maintain the right to cancel any order. If this situation occurs the customer will be contacted by a member of our team and informed of the mistake in writing, and we will assess all options to give you the best service.

Payment terms

We accept all major credit and debit cards. We also accept payment by Cheque & Bank Transfer, PayPal and Google Pay.

Orders will not be processed until payment has cleared.

By exception bulk orders incur a 50% fee before being processed. Unless otherwise agreed in writing, payment in full is due by the end of the month following the month the goods are delivered or the work completed, and all goods shall remain the property of the Company until paid for in full. Time for payment shall always be of the essence of the contract.

Counter claims not recognised by the Company shall not entitle the customer to withhold or offset payment.

In the event that any customer is unable to pay in full for the items purchased, including any additional costs and/or late payment charges, the companies’ directors take personal responsibility for paying the full outstanding balance.

 

OVERDUE ACCOUNTS:

In the event of the stipulated date of payment being exceeded the Company shall, without prejudice to any other legal claims, be entitled to charge interest at the rate of 2% per month on the overdue amount and/or reserve the right to assign over the debt to a third party and be entitled to charge any associated costs of involving the third party without any reminder being required.

 

Custom Orders

Once your payment has been received, we will send you a visual proof for you to check carefully and approve before we customise. Once your visual proof has been approved, we start processing the order immediately and although we try and accommodate further changes or cancellations, we can’t guarantee that we will complete them and you may be liable for the full order price. The visual proof is the final process in your order and contains all the detailed customisation and garment details, it is vital that you review this properly. After confirmation changes may not be possible, and any mistakes will be your responsibility.

Online & Offline ordering – products, sizes, colours, printing, techniques and templates

Please note, we order blank clothing, garments and products from wholesaler distributors, and then customise these items with engraving, printing and embroidery for our clients. All sizes and colours shown online on the catalogues are not under our control, and we cannot be held accountable for colour variations from on screen colours to real product colours, nor can we be held responsible for sizing issues. We do our very best with our Quality Controls to manage these rare problems. We highly recommend ordering samples to ensure these size and colour problems are not encountered. Please also note that, if a specific colour or size is not available, with orders, if we have not got the time to contact you, we may swap the garment or product for an alternative in a similar colour and style and size, in order to fulfil your order. By accepting our terms and conditions, you understand, agree and accept any change we make in the fulfilment of your order, with no rights of refund.

Visual Approval

After payment, in order to offer the highest quality service, we will create and send a Visual Mock Up to you, and you are entitled to 2 revisions / changes free of charge with your visual. Further changes may be charged up to £10 per revision. Once you have approved the visual layout your decision is final. Extra charges may be applied should you wish to make further changes to approved visuals. Cancellations are not accepted after this stage, but we will always try to assist you for the best possible service but may be subject to up to 25% cancellation fee.

We will not proceed until you have approved the visual(s), which will usually be sent within 24 hours of payment. (Working business hours)

If you fail to approve your visual mock up in time, and due to your delay in approval of the visual your deadline can’t be met, your cancelation rights will be limited as we will have incurred time and charges up to this stage that may not be refundable. We will always do our best to please our customers, but you accept up to 25% cancellation charges.

Artwork Disclaimer

We will engrave/ print/ embroider the artwork you supply us. When uploaded or emailing us any artwork you give Flexxgenix Ltd, full consent to print the artwork or designs. You confirm that the artwork is yours to use, and/or free from copyright infringement. You accept full responsibility in the event of any copyright infringement, and will fully indemnify Flexxgenix Ltd. When emailing us or uploading artwork and upon payment you accept this artwork disclaimer in full.

COLOUR MATCHING: All other printing/embroidery techniques will be the best colour match possible. Please note computer screen colours will differ from final print colours. We will not be held responsible for colour variation.

Quoting Pantone colour references with your quote requests or via email may assist us in representing the colour and shade you require where applicable. Failure to do so will mean we will use our expertise to best match on colours.

If the artworks files you provide are not print ready, we will try to recreate the artworks free of charge, or if significant work is required there may be an additional small charge. Artwork files that are not as per our artwork guidelines may still be printed, but the quality of the print may be lower than we would like, and Flexxgenix Ltd will not be responsible, and your order will not qualify for a reprint or refund.

You accept full responsibility and confirm you have either provided print ready files, discussed this with us prior to payment, or are happy to pay a small charge, and confirm that we will not be held responsible for sub-quality print finishes that are caused as a result of sub-quality and non-print ready artwork files. If you have any doubt, please get in touch and we will check.

You will not be entitled to a refund or reprint if the artwork you provided us does not meet our minimum artwork guidelines requirements.

 

TESTIMONIAL DISCLAIMER

The Site may contain testimonials by users of our products. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those users, and may not necessarily be representative of all users of our products. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. 

The testimonials on the Site may be submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

 

Care Instructions

Please note that it is essential that you wash clothing or products in accordance with the washing guidelines. Care should be taken when using solvents or solvent based paint on plastics.

 

Cancellations

Cancellations may be subject up to a 25% charge due to the fact that we may have already ordered stock, prepared artwork or re-organised production of other jobs. Please note that we reserve the rights to a minimum charge of up to 25%. For online orders where the order relates to a specific printing colour or product colour, if you fail to read the offer and upload incorrect artwork, this is your mistake therefore you may be charged up to 25% of the order if you choose to cancel due to a mistake you make when uploading artwork files.

When paying for any order, you accept these terms and conditions in full. (We will always do our best to minimise or avoid such charges).

Complaints Procedure

We take complaints very seriously and we are unhappy if you are not entirely satisfied with our services. If you wish to make a complaint or request a reprint or refund, please complete the contact us form immediately and provide us with your order reference number, email address and the reason for your complaint.

You must also attach photos to help us further understand your complaint so we’re then able to take the necessary actions.

Flexxgenix Ltd must be notified of any issues within 2 days of receiving the order up to a maximum of 30 days from delivery of the goods.

Please note that refunds will only be considered after Flexxgenix Ltd has been given every opportunity to rectify any issues with the order. We initially aim to offer a reprint or replacement if possible.

Engrave/ Print / Embroider only service – where you supply us with the garments or items to customise

We offer a engrave/  print / embroidery only service whereby you can purchase the garments and items separately and then send them to us to be customised. When you use this service from us you understand that you’re sending the items to us at your own risk. If they are lost in transit we will not be held responsible. You must track the delivery and handle any issues that arise in delivery. In addition, we recommend test prints or embroidery pieces to ensure that the products are suitable for the customising technique that you require. We keep a keen eye on our quality control process, but, if you are supplying the products and there are problems with the print or damage to the garments due to the printing, that are not related to the print quality, we will not be held responsible for any of the cost of the garments / products. If you do not take our advice and send samples for testing, this is your complete responsibility.

We can’t guarantee 100% perfection on goods you supply. You accept up to a 25% spoilage rate where we will not be responsible for the cost of damage caused due to engraving, printing, embroidery or the customisation process. Before any engraving/print/embroider only order is processed you must include the original receipts/invoices of purchase showing the exact value or each product. We will then agree how much risk we are prepared to accept. If you fail to send us these receipts/invoices of purchase before the order is processed, we will not take any financial responsibility in the damage or loss to any of your products. If you do, we will agree in writing our limit of liability that you will accept in writing before printing/embroidery commences.

To find out the pros and cons of using our customise only service, you can read our customise only guide.

Dye-sublimation Printing

Due to the printing process for dye sublimation, it is normal that the print leaves white/visible marks and imperfections where there are creases or folds in the garments. These marks are commonly found around the armpit area or at the seams and hems.  These issues fall outside of our reprint and refund policy.

Please be aware that a true black colour cannot be achieved with dye sublimation as some items such as T-Shirts can only absorb a certain amount of ink. Therefore, black can often not be as saturated as some other colours and may appear ‘off-black’.

Dye sublimation printing is primarily suited to all over randomly placed designs, not position specific designs but please contact us if you have any doubts. This means attempting to match up round to round hem to hem patterns may not be achievable on all or any of your orders. These issues fall outside of our reprint and refund policy.

Please consider this when submitting your designs for all over dye sublimation.

Engraving/ Embroidery

These techniques use Computer Aided Machinery and operate at high speed. Consequently, a number of variables come into play when operating such machinery.  As such when supplying your own garments or products to modify through these process any client must accept a risk of damage.  A disclaimer is required to be signed by the customer at the point of order.

 

Express orders

For express order where delivery is required within 5 days you must be aware of the following information. We will do our best to meet our client’s deadlines, but sometimes, on rare occasions, factors beyond our control impact on our ability to fulfil orders. Stock levels, wholesaler dispatch mistakes and delivery problems can arise, which are factors beyond our controls. In the event of such occasions, sometimes we have to make decisions on behalf of our clients to ensure that we’re always doing our utmost to fulfil the order. This can mean substitution of garment brands and size changes or enhanced delivery services where extra charges may be applied. We will always try to find the time to get approval from our clients for these changes, but as you will be aware, this is not always possible. When entering into an express order, you must accept these conditions and take this into consideration in the event of ultimate problems with orders. We ask that you appreciate the effort we will go to meeting your order when discussing remedy of such rarely occurring scenarios.

For all orders you must be aware of the following information. We will do our best to meet our client’s deadlines, but sometimes, on rare occasions, factors beyond our control impact on our ability to fulfil orders. Stock levels, wholesaler dispatch mistakes and delivery problems can arise, which are factors beyond our controls. In the event of such occasions, sometimes we must make decisions on behalf of our clients to ensure that we’re always doing our utmost to fulfil the order. This can mean substitution of garment brands and size changes or enhanced delivery services where extra charges may be applied. We will always try to find the time to get approval from our clients for these changes, but as you will be aware, this is not always possible. You accept these conditions and take this into consideration in the event of ultimate problems with orders. We ask that you appreciate the effort we will go to meeting your order when discussing the remedy of such rarely occurring scenarios.

Deliveries during busy periods of adverse weather conditions

At periods of seasonal high demand, or during adverse weather conditions, delivery deadlines may be missed or delayed. We will organise and ship your goods in accordance with your delivery deadline. The items will be despatched using a 3rd party courier and we will be able to provide documentary evidence for this. If the delivery is not achieved for whatever 3rd party reason, Flexxgenix Ltd will not be responsible for refund of any form. We will attempt to recover costs and expenses from our 3rd party delivery companies but cannot guarantee any delivery or refund in these instances.

Flexxgenix Ltd will not be liable for any loss or expenses sustained arising from any delay or failure in the delivery of the Goods. We recommend you take out your own insurance to protect your goods.

Brexit and Deliveries Outside the UK – Extra Charges, Taxes, Duties or Fees

Due to the departure of the UK from the European Union, all deliveries from the UK to Europe, and from the UK to anywhere outside the UK maybe subject to extra charges, taxes, duties or fees. Flexxgenix Ltd reserves the right to charge you, the client, for these extra taxes, duties or fees. We may apply an extra charge to your order to cover some of these costs. If these costs are less then your additional charge, you will be refunded the difference. If the taxes, duties or fees are higher than any extra charge we apply, you will be responsible for payment of the difference. You accept these extra charges and ordering with a delivery address outside the UK.

On all deliveries into Europe and outside the UK, Flexxgenix Ltd will not be responsible for any delays that occur. We will despatch the items with care and attention, and with the appropriate delivery service, but any delays will not be the responsibility of Flexxgenix Ltd.

Failed, or Delayed Delivery & Partial Deliveries

Flexxgenix Ltd will send out your order using a 3rd party courier company in accordance with your delivery deadline and will be able to provide documentary evidence for this. If the delivery is not achieved for whatever 3rd party reason, Flexxgenix Ltd will take no responsibility for loss or damage or delay to your order and Flexxgenix Ltd will not be responsible for refund of any form. We will attempt to recover costs and expenses from the 3rd party delivery companies but cannot guarantee any delivery or refund in these instances. At time of receipt, you must check the packaging immediately. By accepting delivery, you are confirming the packaging and delivery is in perfect order.

Flexxgenix Ltd will not be liable for any loss or expenses sustained arising from any delay or failure in the delivery of the Goods. We recommend you take out your own insurance to protect your goods.

Partial Deliveries & Errors on the part of our 3rd Party Suppliers

At Flexxgenix Ltd we order blank products from leading brands and then customise them for our client’s needs. Sometimes the leading brands and distributors send us faulty products within the full batch, or do not send us the correct amounts or sizes, which is completely out of the control of Flexxgenix Ltd, but this means that production and delivery may be delayed, or an order may not be only partially delivered on the specified due date, as more products may need ordering and customising at a later date. There may be extra charges applied to your order for the additional printing as we may have to reset all the customisation machines specifically for the extra customisation. You understand this supply chain problem and accept that it is beyond the controls of Flexxgenix Ltd, and accept these terms.

Privacy policy

Any contact with Flexxgenix Ltd requires you accept our privacy policy. Please ensure you follow this link and understand in full.

Any doubts at any time about any of our terms and conditions, and / or our Privacy Policy, please just get in touch and let us help and advise you. We are here to help, and at your service.

Modify Only Service Agreement

Flexxgenix Ltd offers a “print / embroidery only” service where our clients can supply the garments/products (the items) and send them to us to be customised. When using this service, you accept that you’re sending the items to us at your own risk. If they are lost in transit, we will not be held responsible. You must track the delivery and handle any issues that arise.

We highly recommend sample products to ensure that the items are suitable for the modifying technique that you require. We keep a keen eye on our quality control process, but, if you are supplying the items and there are problems with the end product, or damage during the customisation process, we will not be held responsible for any of the cost of the items, unless they have undergone a full sample test process and have been approved and signed off as such.

We will do our best to detect any problems as soon as they arise and will aim to minimise the impact on any batch of the items, but some of our machines operate at fast automated speeds and therefore sometimes these issues do not make themselves apparent until the entire customisation process is completed. Also, our customisation processes involve multiple stages, and it may not be until the final stage that the problem is detected. For example, we may prepare the items, we may pre-treat them, then print them, and during the drying stage an issue may arise that could have already affected a full batch. If you do not take our advice and send samples for testing and approval, you take complete responsibility for any problems that may arise during the customisation process. Samples and Test prints are charged at pre agreed rates.

Before any modify only order is processed, we request the original receipts/invoices of purchase/manufacture to be sent to us, outlining the exact value of the items. We will then agree how much risk and liability we are prepared to accept in advance. (if any). If you fail to send us these receipts/invoices of purchase before the order is processed, we will not take any financial responsibility in the damage or loss to any of the items.

At Flexxgenix Ltd we offer a full reprint or refund policy on garments/products that we supply, if the problem is our responsibility. But when you are sending us your garments/products, we cannot guarantee 100% perfection and therefore print only services are not accepted under our standard Refunds Policy.

If, even after samples and testing there are problems, you still accept up to a 25% spoilage rate caused due to the customisation process. During customisation processes, items are manually loaded by our carefully trained and experienced staff, and 100% accuracy is simply not possible. Our years of experience and global clients can testify to the quality we offer.

Modify Only Delivery Deadlines & Cancellation Policy

When you are supplying the items for customisation, the stated deadline is a target deadline, but we cannot guarantee this until we receive the items for inspection. In addition, although at quoting stage we assume we can complete the customisation, sometimes factors unknown to us at quoting stage can complicate an order and mean we may have to cancel and refund. We will always do our best to meet your deadlines and complete your orders to our best ability, but in the case of modify only orders, you understand that the order may be cancelled upon receipt of the goods and that the final deadline will be confirmed when we physically receive the goods for the specific order.

Returns / Refunds / Reworks

In the event of finding a fault with the product or printing, simply inform us of the problem within 12 hours of delivery by email, telephone or by filling out our contact form and we will advise you of the correct way of returning the order.

Depending on the fault and issue with the order, we may request for you to ship the order back to us using a trackable service to avoid any further issues or we may send a courier to collect.

Please also supply photos where possible of any issues relating to the product or the print so a better idea of the initial problem will be more apparent.

Please note that refunds will be considered and discussed after Flexxgenix Ltd has been given every opportunity to rectify any issues with the order. Please note our Returns/Refunds/Rework policy only extends up to a maximum of 30 days from delivery of the goods. Any complaints outside of 30 days will not be accepted.

Sample products

Please note that all samples printed or un-printed are non-refundable, by accepting our terms and conditions, you understand, agree and accept with no rights of refund.

Force Majeure

Flexxgenix Ltd shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Illegal Matter

Flexxgenix Ltd shall not be required to engrave/ embroider/ print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.

Flexxgenix Ltd shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement or copyright, patent, or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

 

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

The customer shall indemnify Flexxgenix Ltd against any claim by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the printer to comply with Illegal Matter (above) which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.

 

These Terms supersede previous terms and are valid as of 8/11/2021.