Terms and Conditions
Terms governing the use of our services
1. PSM Sportswear
psmsportswear.com is owned and operated by PSM Sportswear Ltd, a company registered in England and Wales (registered number 2756231 ) whose registered office is: Unit 5 & 6 Hill Street Industrial Estate, Cwmbran, NP44 7PG. The particulars of ownership of can be found at the premise.
2. Price Variation
Price estimates are based on PSM Sportswear Ltd’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
PSM Sportswear Ltd reserves the right to charge the amount of any value added VAT payable whether or not included on the estimate or invoice.
4. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, PSM Sportswear Ltd shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs or samples of all work may be submitted for customer’s approval and PSM Sportswear Ltd shall incur no liability for any errors not corrected by the customer in proofs or samples so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When design, style, type or layout is left to PSM Sportswear’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Unless negotiated and agreed in writing, the copyright of general artwork, vectors, graphics, images, DST files, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by PSM Sportswear shall vest in and belong to PSM Sportswear Ltd. PSM Sportswear may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing PSM Sportswear to reproduce the same. The customer shall indemnify and hold PSM Sportswear Ltd and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by PSM Sportswear infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by PSM Sportswear are the intellectual property of PSM Sportswear Ltd. No reproduction of any part is allowed without written permission
8. Company Imprint
Unless otherwise specifically requested in writing any work may carry PSM Sportswear imprint which will be positioned at PSM Sportswear’s discretion.
9. Production & Delivery Lead Time
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business.
The standard production time for customised stock items is approximately 2-3 weeks depending on the stock availability of the garments whilst our bespoke range takes between 4-6 weeks after the final order has been confirmed in writing.
The carriage delivery can take between 24 and 48 hours.
Delay in production and / or delivery shall neither justify an order cancellation, nor claim of consequential damage or loss of any nature compensation. Lead time indicated in quotes are an estimate of production or manufacturing lead times.
Unless otherwise requested by the buyer, PSM aims to despatch products in one batch. In the case where PSM cannot deliver the products in the event of "force majeure" preventing production, dispatch, or delivery of the product, PSM shall not be considered responsible of any liability caused to the buyer.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to PSM Sportswear and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to PSM Sportswear and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to PSM Sportswear within 28 days of delivery. PSM Sportswear shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
PSM Sportswear gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. PSM Sportswear shall not be liable for any loss arising from delay in transit not caused by PSM Sportswear. Further, PSM Sportswear shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of PSM Sportswear in respect of any and all causes of action arising out of or in connection with the customer’s order and PSM Sportswear’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to PSM Sportswear by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
12. Customer’s Property
The customer’s property and all property supplied to PSM Sportswear by or on behalf of the customer shall while it is in the possession of PSM Sportswear or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly. Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, PSM Sportswear shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
13. Materials Supplied by the Customer
PSM Sportswear may reject materials, vectors, or images supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by PSM Sportswear in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
PSM Sportswear shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
PSM Sportswear shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then PSM Sportswear shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
14. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), PSM Sportswear reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, PSM Sportswear without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to PSM Sportswear, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in PSM Sportswear’s ’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as PSM Sportswear reseller thinks fit and to apply the proceeds towards such debts.
16. Illegal Matter
PSM Sportswear shall not be required to produce any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party. Without prejudice to paragraph 7 above, the customer shall indemnify and hold PSM Sportswear harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
17. Full Colour Production
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print, heat seal and or embroidery process and it is understood and accepted as reasonable that, PSM Sportswear shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by PSM Sportswear or other party) or any other materials supplied by the customer and the item(s) the subject of the customer’s order.
18. Garment Colours
PSM Sportswear & Welovekit.com will endeavour to display as accurately as possible garment colours and the colours you see will depend on your monitor, we cannot guarantee the accuracy of the colours you are seeing displayed on your monitor will be an exact match to the garments you receive.
19. Garment Dye Lot Colours
PSM Sportswear & Welovekit.com does its best to match dye lot colours on all stock and sublimated garments . However, slight shading differences might occur when similar garments are ordered at different times. These differences are the result of ink and fabric variations from our suppliers, and are beyond the control of PSM Sportswear & Welovekit.com therefore we cannot make any colour match guarantees.
20. PSM Sportswear & Welovekit.com Uploaded Artwork Colours
PSM Sportswear & Welovekit.com does its best to ensure final colours match the uploaded artwork provided. However, some slight shading variations can occur when these colours differ from the master colours used for our garment design.
If you have concerns about uploaded artwork colour, please contact PSM Sportswear & Welovekit.com in writing to discuss your colour concerns.
21. PSM Sportswear & Welovekit.com Custom Colour Requests
PSM Sportswear & Welovekit.com will make every effort possible to exactly match custom colours to the colour sample provided or we will aim to work to specific customer pantone references on sublimated garments however this must be confirmed in writing.
When we provide our PSM Sportswear & Welovekit.com cut & sew or stock garments unless stated otherwise we will use our standard stock colours or we will aim to work to specific customer pantone references on sublimated garments which must be confirmed in writing.
Please be aware that some slight shading variations can occur due to ink and fabric variations from our suppliers, and beyond the control of PSM Sportswear & Welovekit.com.
We cannot make any colour match guarantees on sublimated garments.
22. Data Protection
By placing an order with PSM Sportswear, the customer consents to its details being passed on to PSM Sportswear Ltd for accounting and marketing purposes. The details will be kept by PSM Sportswear Ltd even after the customer’s trading relationship with PSM Sportswear has terminated. PSM Sportswear Ltd may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that PSM Sportswear Ltd consider may be of interest to customers.
23. Force Majeure
PSM Sportswear shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer 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 customer may by written notice to PSM Sportswear elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
24. Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between PSM Sportswear and the customer into which these terms are incorporated.
26. PSM Sportswear Returns Policy.
At PSM we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items, so below is our returns policy.
Claims arising from shortages or damages must be made within seven days of receipt of garments.
Garments manufactured and customised to customer specifications cannot be exchanged or altered after production, genuine faulty garments will be replaced.
The garment block colours shown within our brochure are not an exact colour representation of the fabric material and are for guidance only. PSM cannot guarantee exact colour matches from one order to another as variations occur in manufacturers dye batches.
Orders can only be accepted and put into production after all details are confirmed in writing. Customers must ensure that the details forwarded for size, colours, fabric, style and printing or embroidery are accurate. Garments manufactured and customised to customer specifications cannot be exchanged or altered after production. All orders including repeat orders, must be confirmed in full.
PSM take the greatest care to source the highest quality fabrics and materials for garments shown in this catalogue, however, where colours are mixed and garments printed and numbered, incorrect washing can cause damage. To maintain garments in their best condition please adhere strictly to the washing instructions which come with each garment.
27. Product sample policyWe appreciate that it often helps to have a physical sample of a particular product before you decide to place an order and we are happy to supply samples.
We have a simple policy on samples which is:-
- We always aim to send a sample that is identical to the item you will receive should you place an order. However, due to variations in stock and bespoke production processes, samples may differ slightly from the final product.
- Whilst we try to keep these instances to a minimum, if it is critical that you receive an exact sample prior to ordering then you may prefer to order a pre-production sample (see below).
- We will dispatch samples to you as quickly as possible.
- All samples of 'high value' (this will be confirmed when we receive your request) must be returned, unused and undamaged, within 28 days.
- 'High Value' samples not returned within 28 days will be invoiced in line with our general terms and conditions. The minimum charge for a sample is the retail price plus delivery plus VAT.
- Samples vary in their cost and availability. We may require a deposit for high value samples. If a deposit is required then we will contact you to explain this before dispatch.
- If you need multiple samples then we may contact you to obtain additional information and a deposit before dispatch.
- If you require a pre-production sample (that is, a physical sample of a product branded with your logo or artwork) then there will be a charge for this. You will be advised of the charge and the lead-time before we go-ahead with the sample.
- We can also supply a Visual Cad Cut Artwork of any product and provide assistance with your artwork if needed.
- Most of our customers are happy with a digital reproduction of how their logo would look on a product.