1 About us
1.1 We are A.W. Bent Limited, a company registered in England and Wales under company number: 00423794. Our registered office is at: Union Mill, Bude, Cornwall EX23 9AL (trading as AWB)
2 How to contact us
2.1 You can contact us by sending an email to info@awbtextiles.co.uk or calling us on 01288 353281.
3 These terms
3.1 These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying services from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying services from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to AWB, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
3.4 You must be at least 18 years old and a resident of the UK to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
3.7 Your use of our site is governed by our Website Terms of Use [insert link].
4 Orders
4.1 Please check your order carefully and correct any errors before you submit it to us.
4.2 Acceptance of your order by us takes place when payment has been accepted and confirmed, at which point a legally binding contract is formed between you and us on these terms.
4.3 If we do not accept your order, for example because we are unable to take payment, the garments are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the garment, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
4.4 We make reasonable efforts to maintain consistency of colour, but the colour of our products may differ from those shown on this website. There may also be colour variations between different batches of the same product.
4.5 Please check and enter any personalised information for embroidery services, including text, font, colour, position, etc. carefully. AWB will not be held responsible for embroidery errors arising from incorrectly inputted information and will not issue replacement goods and/or refunds on this basis. Please see our Returns Policy for further information.
4.6 You may return any ordered good for a full refund within 30 days of delivery providing that it is in perfect resaleable condition. Personalised goods are non-returnable and non-refundable. Your refund will include the full value of the items returned minus the cost of carriage from us to you. You will be liable for the cost of returning the goods to us and organising their return by suitable carrier or postal service. By ‘resaleable condition’ we mean the product has to be unused, in its original packaging, with tags attached (where provided) and unmarked (i.e. no make-up marks, deodorant marks, animal hair, etc). It is perfectly acceptable for you to try on the garments/products. Garments/products that are worn, washed, marked or personalised in any way will not be accepted as returns.
4.7 Please check the garments you are considering returning to us carefully for compliance with clause 4.6 above. If returned garments do not meet the requirements of clause 4.6, no refund will be given and additional payment will be required from you to us for postage and packing if you wish us to return the garments to you at the original address the garments were sent.
4.8 Should any item be delivered to you in an unsatisfactory condition or should there be any shortages, please notify us within 7 working days of delivery and we will rectify the situation. Returns to be sent to: A W Bent, Union Mill, Stratton, Bude, Cornwall, EX23 9AL.
5 Availability
5.1 All orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided.
6 Making changes to your order
6.1 If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
7 Providing services
7.1 Descriptions of our services are set out on our site.
7.2 We will provide the order at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.
7.3 For orders provided over a period of time, any completion dates stated during the order process, or in your acknowledgment or confirmation emails, are estimates.
7.4 The order will be delivered to the address specified by you when you placed your order.
7.5 If there might be a delay before we can process and dispatch your order, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (including but not limited too severe weather, pandemic, epidemic, labour strikes, accidents or unpredictable traffic delays).
7.6 If you are a consumer, the products are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.
7.7 If you are a business customer, you confirm that you are purchasing for the purposes of your named business only and not for or on behalf of any third party.
8 Prices
8.1 Prices for our services are set out on our site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges.
8.2 Prices for our services may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.
8.3 If there has been an error on the site regarding the pricing of any of our services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
9 Payment
9.1 We accept payment by credit cards and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.
9.2 We require payment in advance for 100% of the total order cost when you place your order. We will take this payment from your card before we send you your order confirmation email. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
10 Events beyond our control
10.1 We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
11 Our liability to consumers
This clause 11 only applies to you if you are a consumer.
11.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
11.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
11.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
12 Our liability to business customers
This clause 12 only applies to you if you are a business customer.
12.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the order.
12.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
12.2.1 consequential, indirect or special losses; or
12.2.2 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
12.3 Nothing in these terms will limit or exclude our liability for:
12.3.1 death or personal injury caused by negligence;
12.3.2 fraud or fraudulent misrepresentation; or
12.3.3 any other losses which cannot be excluded or limited by law.
13 Your information
13.1 Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
14 No third party rights
14.1 No one other than us or you has any right to enforce any of these terms.
15 Complaints
15.1 If you are unhappy with us or the services we have provided to you, please contact us at info@awbtextiles.co.uk
16 Governing law and jurisdiction
16.1 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
16.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
17 General terms
17.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
17.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
17.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
17.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
17.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
