Terms And Conditions
2. Definitions and Interpretations
- “Buyer” means any individual or company who agrees to purchase product(s) in exchange for money under a contract of sale.
- “Conditions” means these Terms and Conditions.
- “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).
- “Order” means a purchase transaction between you and Streetguise Apparel Limited. When accepted, it becomes a contract binding on both parties.
- “Person” means any form of legal entity as well as any quasi-legal entity.
- “Products” and/or “Goods” means any item and/or services Streetguise Apparel Limited advertise and/or make available for sale through the Website.
- “Services” means collectively any online facilities, tools, or information Streetguise Apparel Limited makes available through the Website.
- “User” means any person using the Website and/or Services provided by Streetguise Apparel Limited.
- “We”, “us”, or “our” means Streetguise Apparel Limited.
- “Website” means any Website operated by Streetguise Apparel Limited, or any sub-domains or subsequent URL which may replace or sit alongside it.
- “You” or “your” means a user of the Website, and/or Services provided by Streetguise Apparel Limited.
- “Working days” means Monday to Friday, excluding all public holidays.
- 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.
- Buy products listed for sale.
- Create, design and customise products listed for sale.
- Save and share designs you may have created.
- 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.
- Register to subscribe to special offers and use of galleries.
4.1. Access to and use of the Website and Services - Subject to the User complying with and discharging each of its obligations under these Terms and Conditions, Streetguise Apparel Limited shall allow the User to access and use the Website and Services .
4.2. Availability – The Website and/or Services are provided on as “as is” and on as “as available” basis. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We give no warranty that the Service will be:
- uninterrupted or free of errors and inaccuracies;
- meet user requirements; or
- operate in the configuration or with the hardware or software used by the User.
- The User acknowledges and agrees that the Website and/or Services, (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, the User may experience downtime and errors in the use or operation of the Website and/or Services provided.
- Streetguise Apparel Limited 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 we are not liable.
- Streetguise Apparel Limited does not warrant that any data, information or other content provided on the Website, whether concerning any products or services or any other subject, is complete or accurate.
4.3. Eligibility – Streetguise Apparel Limited will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agree to be bound by these Terms and Conditions. Children under the age of 13 years may view the Website, but may not order products or services.
4.5. Restrictions - Users shall not and have no right to either:
- reproduce, publish, distribute, sub-licence and/or resell either the Website and/or Services 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:
1.infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity,
2.is libellous, defamatory or slanderous,
3.condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
4.contains explicit sexual content,
5.does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
6.is designed to or does harass, threaten, defame or abuse others,
7.exploits images or the likeness of minors,
8.encourages the use of drugs or the under-age use of alcohol or cigarettes, or
9. 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 effect on this Website
- take any action that imposes any unreasonable or disproportionately large load on the Website or Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or Service,
- collect electronic mail addresses or other information from the Website,
- impersonate another person or entity,
- engage in any activity that interferes with any person’s ability to use or access the Website and/or Services,
- assist, procure or aid any person to engage in any activity prohibited by these Terms and Conditions; 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.
4.6. Training - The User acknowledges that Streetguise Apparel Limited has no obligation to the User to provide any training or other support in relation to the use or operation of the Website and/or Services.
4.7. User Responsibilities - Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunication 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 User’s country or jurisdiction;
- complying with any recommendations or guidelines issued by Streetguise Apparel Limited with respect to the use of the Website and/or Services, and;
- ensuring that all electronic or other media it uses in connection or in conjunction with the Website and Services provided complies with these Terms and Conditions, all applicable laws, regulations and rules.
4.8. User Warranties – The User represents and warrants to Streetguise Apparel Limited that, in its use of the Website and Services, 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.
The User further represents and warrants to Streetguise Apparel Limited that:
- to the best of its knowledge, there are no claims, demands or any form of litigation pending or threatened with respect to any content used or proposed to be used by User;
- Streetguise Apparel Limited 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.
- Streetguise Apparel Limited has not made any representation or other inducement to the User to enter into these Terms and Conditions, except for representations or inducements expressly set out in these Terms and Conditions.
4.9. Warranties - Streetguise Apparel Limited represents and warrants that it has the right to grant access to and license the use of the Website and Services to the User subject to and in accordance with these Terms and Conditions.
4.10. Exclusion of Implied Warranties - subject only to clause 15.1, all conditions, warranties, representations, indemnities and guarantees with respect to the Website and/or any other products or services that may be provided by Streetguise Apparel Limited 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.
4.11. Website Modifications – Streetguise Apparel Limited reserve the right to modify the organisation, structure, content or look and feel of the Website and/or Services, and may change, suspend, or discontinue any aspect of the Website and/or Services at any time without notice or liability to the User. We reserve the right to change any product price, specification or availability at any time. Every effort is made to keep this information up-to-date, however we do not guarantee that this is the case or that stock will always be available. We shall have complete discretion over the features, functions and other Terms and Conditions on which the Website and Services are made available.
5.1. Registration - You warrant that:
- personal information you provide when you register is true, accurate, current and complete in all respects;
- you are not impersonating any other person or entity; and
- you will notify us immediately of any changes to your personal information by emailing firstname.lastname@example.org
5.2. User Account, Password and Security - The User will receive a password and account designation upon completing the Website’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:
- immediately notify Streetguise Apparel Limited of any unauthorised use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session.
Streetguise Apparel Limited cannot and will not be liable for any loss or damage arising from your failure to comply with the section 5.
6.1. At any time and with or without cause, Streetguise Apparel Limited may immediately terminate either these Terms and Conditions, or any or all rights and privileges granted to the User hereunder, including suspending the User’s access to and/or use of the Website and/or Services provided by us. In no event shall any such termination or suspension by Streetguise Apparel Limited relieve the User of any obligation that has accrued under these Terms and Conditions prior to the date of such termination or suspension.
6.2. The User may terminate these Terms and Conditions at any time by ceasing to enter the Website and using the Services.
6.3. On expiry or termination of these Terms and Conditions, Streetguise Apparel Limited may delete any Websites, web pages, files, graphics, media or other content or material relating to the User’s use of the Website and/or Services provided, and we shall have no liability to the User or any person for doing so.
7. Products, Pricing and Availability
7.1. Product(s) – Streetguise Apparel Limited has taken every care in the preparation of the content of the Website, in particular to ensure products have been fairly described, including but not limited to:
- illustrations and colours - these are for the purpose of representation only and may vary depending on your monitor and/or printer,
- dimensions- these are given as approximate, and
- packaging – this may vary from that shown.
We reserve the right to change any product specification at any time.
7.2. Prices – Streetguise Apparel Limited has taken every care to ensure prices shown on the Website are correct at the time of entering on the Website. Prices are shown in pounds sterling and include VAT at the current rate where applicable. We reserve the right to amend the price of a product, and alter or remove any special offers at any time.
7.3. Availability – We will endeavour to supply products as listed, but do not guarantee that stock will always be available.
Every effort is made to keep this information up-to-date; however we do not guarantee that this is the case. Streetguise Apparel Limited will not, to the extent permitted by applicable law, be liable to any person for any loss or damage which may arise from the use of any this information. All changes supersede all previous publications.
8.1. Orders will only be accepted if there are no material errors in the description of the product or price on the Website. Streetguise Apparel Limited reserves the right, by giving notice to you at any time before delivery, to:
- offer an alternative product of the same or a higher specification if the manufacturer makes any change to a product, or if stock is unavailable;
- amend the price of any product to reflect any change in cost to us which is due to any factor beyond our control, (such as, but not limited to, foreign exchange fluctuation, a significant increase in costs of labour, material and other costs of manufacture).
8.2. Product Selection - Where appropriate the User may be required to select the required size, colour, number and other features of the product(s) to be purchased. You are responsible for ensuring the accuracy of these selections.
8.3. Product Decoration - The User is responsible for the accuracy of any product decoration requirements when using our design creation process, including but not limited to:
- spelling, punctuation and grammar,
- colour, and
- image clarity caused by inferior or low-resolution uploaded designs (supported file types JPG, PNG, GIF, TIF).
Please therefore examine your order carefully and correct any errors before placing your order. We reserve the right to change artwork if we feel it will improve the look of the finished product.
When you save a design you agree to the following:
- You hold full ownership, or hold commercial rights to reproduce the design/image.
- If for any reason the legal owner of the design/image contacts us, they will be directed to you the User.
- You fully understand illegal use of third party copyright content is a serious offence and can lead to penalties.
If you are unsure or have doubts over ownership, please seek permission from the copyright owner before proceeding. If we have any doubts regarding ownership of the design or suitability for sale to the general public, we reserve the right not to process your order.
Streetguise Apparel Limited will not proof-read your designs and/or text, and cannot be held responsible for any resulting errors and/or omissions.
8.4. Product Availability - All orders are subject to acceptance and availability. If any product ordered is unavailable, you will be notified by email whereupon you can decide whether to wait until the product is available from stock, accept an alternative product of the same or a higher specification if available, or cancel your order.
8.5. Order Acknowledgement - You will receive an automated email acknowledging receipt of your order. It is your responsibility to provide a correct and current email address, and advise any changes of your contact details to Streetguise Apparel Limited as soon as possible. Any order placed by the User will be treated as an offer to purchase the product(s) from Streetguise Apparel Limited and we have the right to reject such offers.
8.6. Order Processing - Further information/updates in relation to your order will be sent by email. Any correspondence in relation to your order will be sent by email to the address you have provided. In the event that any amendments, corrections and/or substitutions are required in relation to your order these will be advised by email and should we not receive a response to this correspondence, your order will be deemed to be cancelled.
The conclusion of a contract between you and Streetguise Apparel Limited will take place when we accept your order by (i) debiting your credit or debit card, or (ii) despatching your order, whichever is the earliest.
We accept payment by most major credit or debit cards. All transaction information is encrypted using 128-bit SSL certificates through our Payment Service Provider (PSP), Sage Pay. If a payment of this type is used to fulfil a postal or telephone order, it is used once to facilitate the payment and then destroyed. For further information with regard to the security of Sage Pay please see http://www.sagepay.com/secure-online-shopping. Streetguise Apparel Limited is compliant with the Payment Card Industry Data Standard (PCI DSS).
10. Dispatch and Delivery
10.1. Dispatch From Our Warehouse - We will endeavour to dispatch orders for plain products within 3-5 working days, and orders for decorated products within 7-10 working days from the date of receipt of your order. All dates quoted for dispatch of your ordered product(s) are approximate. Any delays in dispatch will be advised by email and you will be offered the option to dispatch part of the order if applicable, to wait until the order is complete before dispatch, accept an alternative product, or cancel your order.
10.2. Delivery To Your Address – Timescales will be dependent on the method of delivery selected. Please ensure the full and correct address has been registered as we cannot be liable for any missing packages dispatched to an incomplete or incorrect address. Streetguise Apparel Limited shall not be liable for any delay in delivery howsoever caused.
10.3. Alternative Delivery Address – your order for product(s) will be delivered to the address provided, and one which matches the billing address of your credit/debit card. We can arrange delivery to an alternative address, but please be advised that extra documentation may be required to comply with this request.
10.4. Collection – where appropriate, we offer a collection service. Your order will only be ready for collection when you have received an email advising it is ready to collect, and from which address.
10.5. Required Date – we will make every reasonable effort to accommodate a request for delivery by a specific date; however Streetguise Apparel Limited will not be bound by this date.
The above applies to delivery addresses within the UK only.
Plain Product(s) - If you are not happy with your purchase of our plain product(s) for any reason, you can return it to us and we will exchange as required, or refund you the amount paid for the returned item.
Decorated Product(s) – Orders for decorated products and/or despatched products which have been subject to our decoration service cannot be cancelled and/or returned for exchange or refund unless the product has a manufacturing fault, in which case the product(s) will be exchanged or a refund offered. This is in line with the Distance Selling Regulations 2000 which “does not apply to personalised goods or goods made to a consumer’s specification.” In the case of faults or damages please refer to clause 12.
11.1. Request RMA Number -You must request a Return Merchandise Authorisation (RMA) number before returning any product(s). To obtain your RMA number, email email@example.com advising your date of purchase, product(s) to be returned and reason for return. Your request must be within fourteen (14) workings days from the date you received your ordered product(s). If you return any product(s) without first requesting a RMA number, your exchange or refund may be delayed.
11.2. Return – The product(s) must be returned in new condition, and in the original undamaged packaging, or packaging of the same quality. You have a legal responsibility to take reasonable care of the products in your possession. Ensure the RMA number, and the return address as advised in the email from us, are clearly shown on the outside of the packaging and return at your expense, (we recommend using a delivery service which requires a signature on receipt). For faulty and/or damaged product(s) return carriage/postage charges will be refunded at an agreed rate. The returned product(s) should be received at our address within seven (7) workings days of receipt of your RMA number.
11.3. Exchange/Refund – We will normally dispatch replacement product(s) within 7-10 workings days from receipt of your returned products(s) or issue a refund using the same method of payment that you used to purchase, but please allow up to 21 (twenty one) working days. The refund will be for the price paid for the returned product(s), less any delivery charges. Streetguise Apparel Limited will not be liable for any interest charged on credit or debit cards whilst awaiting a refund.
The above does not affect your statutory rights.
All complaints will be dealt with sympathetically.
12.1. Faulty Product(s) -. Any product(s) received clearly suffering from a manufacturing fault, or which develops a fault within thirty (30) days from receipt (other than due to normal wear and tear, failure to follow instructions or misuse), will be replaced or refunded immediately, however we reserve the right in the case of questionable complaints to return the product(s) to the manufacturer for inspection in order to clarify whether the complaint is genuine. We will keep the customer informed of the progress of their complaint by email. For our returns procedure, please refer to clause 11.1 – 11.3.
12.2. Damaged Product(s) - We ensure when product(s) are dispatched they are packaged securely, and we employ professional carriers. Nevertheless you must examine goods on arrival before signing for receipt. We will refund the full purchase price including any carriage or postage charges of any product(s) delivered in a damaged condition. We reserve the right to refuse to issue a replacement or refund, and to recover the cost of the returns delivery from you in the event that the product(s) are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions, or the problem is down to normal wear and tear. For our returns procedure, please refer to clause 11.1 – 11.3.
The above does not affect your statutory rights.
Any claim for shortages must be notified to us by email firstname.lastname@example.org within two (2) working days of receipt.
You have the right to cancel your order prior to despatch within seven (7) days of date of order, or to cancel your order within seven (7) working days of receipt of your order, except for products which have been subject to our decoration service and supplied in accordance with section 11.2. You may cancel your order by email email@example.com and we will email by return our acknowledgement of your request and/or process your request in accordance with section 11.1 – 11.3.
15. Intellectual Property
15.1. Reservation of Title - The content of this Website is protected by copyright, trademarks, database and other intellectual property rights and the User acknowledges that these Terms and Conditions do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the Services provided other than pursuant to the express authorisation set out in clause 4.1. Streetguise Apparel Limited grants the User a limited revocable licence to access and use the Website and Services for its intended purposes, subject to the User’s compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Streetguise Apparel Limited; to compete with Streetguise Apparel Limited; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; to download or copy the Website (other than page caching); or to use any trademark of Streetguise Apparel Limited or its affiliated companies. If the User uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms and Conditions, Streetguise Apparel Limited may revoke the licence and deny access to and use of the Website.
15.2. Prohibition on Infringement - Products and Services sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties, and we acknowledge those rights. Unless otherwise expressly indicated, all Intellectual Property rights including but not limited to, copyright and trademarks, product images and descriptions, belong to the manufacturers or distributors of such products as may be applicable. The User acknowledges and agrees that Streetguise Apparel Limited does not permit, authorise or condone and hereby expressly prohibits the User from accessing or using the Website and/or 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.
15.3. Derivative Material - Subject to clause 15.2, the 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, the User hereby grants to Streetguise Apparel Limited 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.
16. Exclusion and Limitation of Liability
16.1. Subject to Law
Nothing contained in these Terms and Conditions excludes, restricts, limits or modifies any:
- implied condition, warranty or other term of these Terms and Conditions where pursuant to applicable law to do so is unlawful or void; or
- liability in respect of a breach of these Terms and Conditions where pursuant to applicable law to do so is unlawful or void; or
- liability for fraud or deceit, or for death or personal injury caused by the negligence of either party.
16.2. Exclusion of Liability - Subject only to Clause 16.1, in no event shall Streetguise Apparel Limited be liable to the User or to any person under or in connection with these Terms and Conditions or in respect of the use of (or failure or performance of) the Website and/or the Services provided for:
(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 Streetguise Apparel Limited;
- accident, misuse or abuse by anyone other than Streetguise Apparel Limited;
- 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 Streetguise Apparel Limited;
- products (including any hardware or software) or services not licensed or supplied by Streetguise Apparel Limited;
- power surge or failure,
- events of force majeure or events outside Streetguise Apparel Limited’s actual control; or
- any other condition not arising under normal operating conditions;
(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of the Users obligations or responsibilities set out in these Terms and Conditions of Use;
(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 Streetguise Apparel Limited has been advised of the possibility of any particular loss or damage.
16.3. Links - Streetguise Apparel Limited may, in its sole and unfettered discretion, and without the Users consent, place links on the Website to other websites that are owned or operated by other persons. The User acknowledges and agrees that Streetguise Apparel Limited is not responsible for the operation of or content located on any such website, and we cannot and do not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, the User acknowledges and agrees that it may not make any claim against Streetguise Apparel Limited for any damages or losses of any kind arising from the other website and/or the link.
16.4. Limitation of Liability - Subject to Clause 16.1, and except to the extent specifically excluded under Clause 16.2 or elsewhere in these Terms and Conditions, Streetguise Apparel Limited's sole liability to the User for any and all breaches of any term or terms of these Terms and Conditions, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by the User using the Website.
16.5. Indemnity - The User shall indemnify and hereby releases unconditionally Streetguise Apparel Limited, without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or Services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms and Conditions; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by the User of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise, anywhere in the world.
17.1. Severability - If a clause or any part of any clause of these Terms and Conditions, or a right or remedy of a party under these Terms and Conditions, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms and Conditions, then:
(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 affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
17.2. Variation - Streetguise Apparel Limited may amend unilaterally these Terms and Conditions in its sole and unfettered discretion at any time, and the User hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and the User's continued access and use of the Website and the Services on or after such effective time constitutes the User's unequivocal and unconditional acceptance of the amended terms. These Terms and Conditions may not be otherwise amended. If the User does not agree to any amendments to or, the current Terms and Conditions, the User’s only right and remedy is to cease using the Website and Services of Streetguise Apparel Limited
17.3. Waiver - A waiver, consent, election or acquiescence given by a party under these Terms and Conditions is only effective and binding on that party if it is given or confirmed in writing by that party.
17.4. Assignment - Streetguise Apparel Limited may at any time transfer, assign or otherwise dispose of any or all of its rights or obligations under these Terms and Conditions on giving the User no less than five (5) days notice in writing.
17.5. Governing Law and Jurisdiction – The Website is controlled and operated in the United Kingdom. These Terms and Conditions of Use shall be governed by and construed in accordance with English Law.
Streetguise Apparel Limited
9 Fountain Parade, Mapplewell, Barnsley, South Yorkshire, S75 6FW
Telephone 01226 388588
Company registered in England and Wales 6775146