Terms of service
Terms of service
Please read these terms before you order. The parts that matter most day to day are section 3 (artwork proofs), section 8 (returns and faults) and section 10 (our liability).
1. About us and these terms
1.1 Who we are. Aspinline is the trading name of Aspinline Limited, a company registered in England and Wales under company number 08749690. Registered office: Goodridge Court, Goodridge Avenue, Gloucester, GL2 5EN. Trading address: 4 North Court, The Courtyard, Woodlands, Bristol, BS32 4NQ. VAT number: GB 173829870. You can contact us on 0117 956 66 57 or at hello@aspinline.co.uk.
1.2 When these terms apply. These terms apply to every order you place with us, whether you order through our website, accept one of our quotes, or send us a purchase order by email or post. They replace all earlier versions. The version in force on the date you place your order is the one that applies to it.
1.3 Business customers and consumers. We sell to businesses, clubs and organisations as well as to individuals. You are a consumer if you are an individual buying wholly or mainly for purposes outside your trade, business, craft or profession. Some clauses below are marked business customers only; they do not apply to consumers. Nothing in these terms affects the legal rights consumers have under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
1.4 Words we use.
- Artwork Proof: the digital, on-screen representation of your finished goods that we send you for approval before production.
- Business Day: any day other than a Saturday, Sunday or public holiday in England.
- Contract: the contract between you and us for the goods, made up of your order and these terms.
- Custom Goods: goods made to your design, artwork, text or specification, including anything printed, embroidered, engraved, woven or otherwise personalised for you.
- Stock Goods: ready-made goods sold from our online shop without any personalisation.
- Tooling: the moulds, dies, screens, plates, digitised embroidery files and similar items we make in order to produce Custom Goods.
- In writing includes email and messages sent through our website.
2. Quotes, orders and how the contract is made
2.1 Quotes. A quote is not an offer. Quotes are valid for 30 days from the date we issue them unless the quote says otherwise.
2.2 Your order is an offer. When you place an order, whether online, by accepting a quote or by purchase order, you are offering to buy the goods on these terms.
2.3 Online orders. After checkout we send an automatic email confirming we have received your order. That email is not acceptance. The Contract is made when:
- for Custom Goods, we email you your first Artwork Proof; or
- for Stock Goods, we dispatch the goods to you.
2.4 Quote and purchase order orders. The Contract is made when we confirm in writing that we accept your order.
2.5 If we cannot accept your order (for example because we cannot make the item, the artwork breaks clause 4.4, or there is a pricing error) we will tell you and refund anything you have paid in full.
2.6 Pricing mistakes. If a price shown on our website or on a quote is obviously wrong, we will contact you before going ahead. You can then choose to continue at the correct price or cancel for a full refund.
2.7 Pictures and descriptions. Samples, photos, drawings and descriptions on our website, in emails and in our printed material are there to give you a general idea of the goods. What we make is defined by your approved Artwork Proof (section 3).
2.8 Business customers only. These terms apply instead of any terms printed on your purchase order or implied by trade, custom or course of dealing. The Contract is the entire agreement between us, and you confirm you have not relied on any statement or promise that is not set out in it.
3. Artwork proofs and production (Custom Goods)
3.1 We send an Artwork Proof by email for every Custom Goods order before production starts. We aim to send it within 2 Business Days of receiving your order and usable artwork.
3.2 We only start production once you approve your Artwork Proof in writing, by email or with the approve button on our website.
3.3 Please check your proof carefully: spelling, colours, size, quantity, wording and any backing or attachment. We are happy to make changes until you are happy. Your approved Artwork Proof overrides anything in a quote, invoice, purchase order or earlier conversation.
3.4 Cancelling before approval. You can cancel a Custom Goods order at any time before you approve your Artwork Proof, with no obligation to go ahead, and we will refund anything you have paid in full.
3.5 After approval. Once you have approved your Artwork Proof and production has begun, the order cannot be changed or cancelled, and the goods cannot be returned unless section 8.2 applies.
3.6 Colour. Proofs are created in CMYK and screens display colour differently, so we cannot guarantee that colours on a proof or on our website will exactly match the finished goods, and we are not responsible for how a particular screen displays colour. We recommend giving us Pantone Solid Coated references. Even then an exact match cannot be guaranteed and normal colour tolerances apply. The colours we use to show metal platings on a proof are for reference only; we do not colour-match platings.
3.7 Product notes.
- Embroidered patches: embroidery is not a perfect process, so there will be slight variations between patches in the same order. Where elements of your design are less than 1mm apart we join them with a jump stitch (a thread connecting one embroidered section to the next). Jump stitches are not shown on the Artwork Proof.
- Hard enamel pin badges: these are ground and polished by hand or machine, so lines may be slightly thicker or thinner than on the proof and may vary from badge to badge in the same batch.
3.8 Repeat orders. We send a new Artwork Proof for every repeat order. We cannot guarantee a repeat will be identical to an earlier order, and minor differences, for example in colour or size, can occur.
3.9 Tooling. Tooling remains our property. We keep it for at least 3 years from the last order that used it, so repeat orders in that time normally avoid a new setup charge. After that we may dispose of it.
4. Your artwork and intellectual property
4.1 You confirm that you own, or have permission to use, all the logos, crests, names, images, text and other material you send us, and that producing goods from it will not infringe anyone else's rights. You are responsible for getting any licence or permission this requires.
4.2 Business customers only. You will indemnify us against all losses, costs (including reasonable legal costs) and liabilities we incur because of a claim that goods made to your artwork or specification infringe a third party's intellectual property rights. This clause continues after the Contract ends.
4.3 You give us permission to use your material to produce and deliver your order. Where goods carry marks we produce under licence (for example under our Official MOD Merchandising Licence), your right to use those marks depends on that licence, and any royalty charge will be shown on your quote.
4.4 We may refuse to produce any design that we reasonably believe is offensive, incites hatred, is unlawful or infringes someone else's rights. If we do, we will refund anything you have paid in full.
4.5 Copyright in the artwork, designs and proofs we create remains with us. You are free to use the finished goods you have paid for however you wish.
4.6 We may photograph goods we make and use them in our marketing and on social media. If you would rather we did not show your goods, tell us in writing at any time and we will not use them, and we will remove anything already published where we reasonably can.
5. Prices and payment
5.1 The price is the one shown at checkout or on your quote or invoice.
5.2 VAT. Our website shows whether a price includes VAT, and checkout totals include VAT at the current rate. Quotes show VAT separately and quoted prices exclude VAT unless they say otherwise.
5.3 When to pay. Online orders are paid in full at checkout. For orders placed by quote or purchase order, you must pay each invoice in full by the due date shown on it. Unless we have agreed credit terms with you, we may ask for payment before production starts.
5.4 Bank details. We will never change our bank details by email alone. If you receive a message saying our bank details have changed, please call us on 0117 956 66 57 to check before paying.
5.5 Business customers only: late payment. If you do not pay on time we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% a year above the Bank of England base rate, and we may suspend any further deliveries to you until you have paid. You must pay in full without any deduction, set-off or counterclaim.
5.6 International deliveries. Goods delivered outside the UK may be subject to import duties and taxes set by the destination country. You are responsible for paying these.
6. Lead times and delivery
6.1 Lead times are shown on our product and quote pages. They cover production and delivery together (door to door) and start from the later of (a) the date you approve your Artwork Proof and (b) the date we receive payment. If we have agreed credit terms with you, they start from your approval.
6.2 Lead times and delivery dates are our best estimate. We will always tell you as soon as we know of a delay. Business customers only: time of delivery is not of the essence. Consumers: if we do not deliver within the time we agreed, or within 30 days of the Contract if no time was agreed, you may have the right to cancel under the Consumer Rights Act 2015.
6.3 RUSH orders are covered by our RUSH terms, which form part of these terms for RUSH orders. A RUSH charge pays for priority production and express shipping, not a guaranteed date. RUSH orders carry a known risk of arriving late, which you accept when you choose RUSH, and neither the RUSH charge nor the product cost is refunded if we miss the RUSH date. If you are a consumer, this does not affect your rights under clause 6.2.
6.4 We deliver to the address in your order or to another address we agree in writing. Our delivery services are described in our shipping policy. Delivery is complete when the goods arrive at that address.
6.5 We are not responsible for delays caused by you not giving us the delivery information or instructions we need. If you cannot take delivery within 5 Business Days of us telling you the goods are ready, we may store them and charge you our reasonable storage and redelivery costs.
6.6 The goods are your responsibility (risk passes to you) from delivery. Business customers only: ownership of the goods does not pass to you until we have received payment in full for them, and until then we may recover any goods that have not been resold.
7. Our promise about quality
7.1 We promise that on delivery the goods will match your approved Artwork Proof and their description (allowing for the natural variations described in section 3), be free from material defects in materials and workmanship, be of satisfactory quality, and be fit for any purpose we have told you they are suitable for.
7.2 This promise does not cover fair wear and tear, accidental or deliberate damage after delivery, misuse, failure to follow our care instructions, goods altered or repaired without our agreement, defects caused by following your own design or specification, or changes we have to make to comply with the law.
8. Returns, faults and refunds
8.1 Custom Goods are made specially for you, so they cannot be returned or refunded because you have changed your mind. This includes all printed and personalised goods. Consumers do not have the 14-day right to cancel for goods made to their specification or clearly personalised.
8.2 If something is wrong. If your goods are faulty, damaged in transit, short, or not made as per your approved Artwork Proof, please tell us within 14 days of delivery, with photos if you can. We will remake or replace them at no charge, or give you a full or partial refund. If we ask you to send goods back we will cover reasonable return postage.
8.3 Consumers. The 14-day window in clause 8.2 is how our remake promise works. It does not reduce your legal rights. Under the Consumer Rights Act 2015 you can reject goods that are faulty or not as described within 30 days of delivery for a full refund, and after that you can ask for a repair or replacement or, if that is not possible, a price reduction or refund. For more information contact Citizens Advice.
8.4 Business customers only. You must notify us under clause 8.2 within 14 days of delivery and must not continue using goods after telling us they are faulty. Clauses 8.2 and 7.1 set out your only remedies for faulty goods.
8.5 Stock Goods. You can return unused Stock Goods in their original condition and packaging within 14 days of delivery for a refund, as set out in our refund policy. If you are a consumer, this is your legal right to cancel under the Consumer Contracts Regulations 2013. Unless the goods are faulty, you pay the cost of returning them. We refund within 14 days of receiving the goods back, to your original payment method.
8.6 Differences in how colour, lightness or darkness is perceived, within the tolerances in clause 3.6, are not a fault.
9. Your account and using our website
9.1 Accounts. Your account is for your own use. Keep access to it, including the email address you sign in with, secure, and tell us straight away if you think someone else has used it.
9.2 Reviews and content. Anything you post or send for publication, such as a review, must be accurate, lawful and not offensive, abusive or defamatory, and must not infringe anyone's rights. We may remove content that breaks these rules or that we are required to remove by law.
9.3 Using the website. You must not use our website for anything unlawful, upload malicious code, try to get around its security, or copy or scrape its content in bulk.
9.4 We work to keep our website available and accurate, but we cannot promise it will always be available or error-free. We may suspend it for maintenance or technical reasons. Prices and product information on the website may change at any time; this does not affect orders we have already accepted.
9.5 Our website may link to other websites. We are not responsible for their content or how they handle your information.
10. Our liability
10.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, for defective products under the Consumer Protection Act 1987, or for anything else that cannot be limited or excluded by law.
10.2 Consumers. If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for loss or damage that is not foreseeable.
10.3 Business customers only. Subject to clause 10.1:
- we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss;
- our total liability arising under or in connection with a Contract will not exceed the price paid for the goods under that Contract; and
- the promises in section 7 replace the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982, which are excluded to the fullest extent the law allows.
10.4 Events outside our control. We are not responsible for delay or failure caused by events outside our reasonable control, such as strikes, failure of transport networks or utilities, extreme weather, fire, flood, war, government action, or a failure by one of our suppliers or carriers. If such an event stops us supplying your goods for more than 4 weeks, either of us may cancel the order and we will refund you for any goods not delivered.
11. Ending a contract (business customers only)
11.1 We may suspend deliveries or end a Contract immediately by written notice if you do not pay any amount due on time, or if you become insolvent, enter any arrangement with your creditors, have a receiver, administrator or liquidator appointed, or stop or threaten to stop trading (or anything equivalent happens in another country).
11.2 If a Contract ends, you must immediately pay all our outstanding invoices and any interest. Ending a Contract does not affect rights either of us already had, or any clause intended to continue afterwards.
12. Your personal information
We use your personal information as set out in our privacy policy.
13. Complaints
If you are unhappy with anything we have done, please contact us at hello@aspinline.co.uk, on 0117 956 66 57, or by post at our trading address in clause 1.1, and we will do our best to put it right.
14. General
14.1 Subcontracting. We may use manufacturing partners and other subcontractors to carry out our obligations, and we remain responsible for them. We may transfer our rights and obligations to another organisation, and will tell you if we do. Business customers only: you may not transfer your rights or obligations without our written consent.
14.2 Notices. We may send you notices under the Contract by email to the address you have given us, and you may send notices to hello@aspinline.co.uk or by post to our trading address. This does not apply to serving legal proceedings.
14.3 If a clause is invalid. If a court decides any part of these terms is invalid or unenforceable, the rest will continue to apply.
14.4 Delay in enforcing. If we do not insist straight away that you do something you are required to do, or delay taking action, we can still insist later.
14.5 Third parties. Nobody other than you and us has any rights under the Contract.
14.6 No partnership. Nothing in the Contract creates a partnership, joint venture or agency between us.
14.7 Changes. We may update these terms from time to time. Changes do not affect orders already placed. Business customers only: any change to a Contract is only binding if we agree it in writing.
14.8 Law and courts. These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.