Terms & Conditions
The Motifs Co Ltd. t/a Needhams Uniforms Basic Terms & Conditions and Returns Policy
- These terms and conditions shall apply to all contracts entered into between The Motifs Co. Ltd t/a Needhams Uniforms (“Needhams”) and its customers.
- Needhams agrees to carry out the requirements of the customer in accordance with written specifications supplied by the customer to Needhams and recorded in writing between the parties.
- Unless otherwise agreed payment for the goods ordered by the customer shall be made when placing an order.
- Title or ownership in the goods supplied by Needhams to the customer shall not pass to the customer until such time as full payment has been made, full payment being the receipt of cleared funds in respect of the whole order relating to the goods supplied.
- In the event of the customer wishing to change the design, artwork or other aspect of the order such request must be given by the customer to Needhams in writing. Needhams will use its best endeavours to make the changes in accordance with this request but must reserve the right to charge the customer the additional cost of any such changes arising out of this request and will notify the customer of the costs such as changes at the time of the request. Needhams also reserve the right to amend the initial delivery time frame should any changes to an order be required. Orders requiring new artwork will not be started until artwork is signed by customer.
- Needhams points out that whether it accepts a return of goods is entirely at its own discretion excepting where the return of goods is as a result of the failure on the part of Needhams to supply the relevant goods in accordance with the order. Goods cannot be returned if individual design or embroidery work has been effected on such goods and/or the customer has used the goods and/or itself added the design or embroidery work.
- These terms and conditions are unless otherwise agreed deemed to apply to all orders and contract arrangements entered into between Needhams and the customer including repeat or fresh orders from the customer.
- For the avoidance of doubt if these should be any dispute under these terms and conditions or the contract between Needhams and the customer then such dispute shall be dealt with under English law.
- Needhams points out that these terms and conditions do not in any way remove, restrict, hinder or take away from the customer any of their statutory rights.
- Email discount codes cannot be applied to existing deals such as bundles or wearer packs and can only be used in online transactions.
- Discount code usage is applied at the sole discretion of Needhams.
- Please note that colour samples shown may not exactly match the colours on the actual garments. Also, for exact sizing, please check the sizing guide. Please contact us if you have any enquiries.
- Credit accounts of standard 30 day terms will be considered at the sole discretion of Needhams. A customer is not eligible for credit terms unless they have at least 6 months trading history with Needhams and have completed at least 4 previous pro – forma orders.
- Needhams withhold the right to refuse orders, at their sole discretion, for (but not limited to):
- (a) Offensive words and slogans
(b) Offensive graphics and icons
- (a) copyrighted material
(b) copyrighted images or phrases
* Our standard range is any item available on our website and does not include special colours or sizes.
- All goods are offered subject to availability. Delivery of goods will be deemed to take place at the Purchaser’s premises unless otherwise agreed.
- Every effort will be made to deliver goods on time but no responsibility can be accepted for late or non-delivery.
- All shortages, damage, production errors or non-delivery of goods must be notified to us by telephone within 48-hours and confirmed in writing within 3 working days of dispatch.
- Needhams holds no responsibility for items which may be damaged or lost when customer has requested goods to be left in specific collection locations by DPD e.g. Behind bin.
- Claims for shortages or non-delivery must be supported by the couriers POD and a delivery note which the goods have been signed as unchecked, short or damaged as appropriate.
- By arrangement all deliveries should be carefully checked-in to ensure correct garments are delivered as no responsibility can be accepted thereafter for none or short deliveries.
- Any damaged parcels should be checked in front of the courier’s delivery person and signed for accordingly.
Website User Agreement
Terms of service: an agreement between you and Needhams to enter and use this website and services
Welcome to the Needhams website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 Needhams Services:
- Create, design, customize products that are listed for sale.
- Buy products that are listed for sale
- Save and share designs that your may have created.
- Use our fun picture and design tools.
- Save created images and designs into public and personal galleries.
- Post your created images to social networks or bloggs that you have the legal right to do so
- Registering to subscribe to special offers and use of galleries.
2 Using our Needhams Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
Needhams will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided by Piki Print
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- complying with all laws, regulations and rules in the uses country or jurisdiction;
- complying with any recommendations or guidelines issued by Needhams with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
- take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
4. Needhams Obligations
User acknowledges that Needhams has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
Needhams reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Needhams shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that Needhams does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Needhams an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Needhams of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Needhams cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to Needhams that, in its use of the Website and the Services provided, it:
- will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
- will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to Needhams that:
- there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
- Needhams will not be required to make any payments or compensation to any person in connection with its use of such content; and
- such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Needhamss warranties
- be uninterrupted or free of errors and inaccuracies;
- meet users requirements; or
- operate in the configuration or with the hardware or software used by user.
- User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
- Needhams does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Needhams is not liable.
- Needhams does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Needhams, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by Needhams;
- accident, misuse or abuse by anyone other than Needhams;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Needhams;
- products (including any hardware or software) or services not licensed or supplied by Needhams;
- power surge or failure,
- events of force majeure or events outside Needhamss actual control; or
- any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Needhams has been advised of the possibility of any particular loss or damage.
Needhams may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Needhams is not responsible for the operation of or content located on any such website, and Needhams cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Needhams for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.