Terms and Conditions

Our Terms and Conditions

Please read these terms and conditions carefully, as they contain important information about your rights and obligations.

1) Introduction

Please read these terms and conditions carefully before placing an order for any good or services with TMS Custom Ltd (we, us, or our).
We are an online business with no principle trading address, until further notice
We emphasise, that once an order has been placed you agree to be legally bound the terms and conditions, which are found on our website
It is important to note that we secure the right to modify the terms and conditions from time to time without the need to inform you.
If you do not wish to be bound by these terms and conditions, you are advised that you may not order goods or services from us.

2) Nature of our business

We would like you to note, that the products and services that we provide are designed for the purpose of personal and business use. It is important to note, that we hold the right to do business with you, if we feel that that the products and services that we provide may be involved in fraudulent activity. If that is the case, we will ask you provide details for your activity and may need written proof of consent to using materials/designs which are the intellectual property of a 3^rd party.

3) Buying products from us

For any order placed with us, we will take up to 48 hours to contact you and discuss your requirements.
Upon placing a successful order, we will advise you on the length of time your order will take to complete, and when the expected delivery date will be.
It is important to note, that the date given for the completion of order, and the date given for the delivery of your order is an estimate, and that in some cases an order may be completed late due to unforeseen circumstances.

4) Delivery of goods

We advise you to read the terms and conditions of the given courier company that will be using for your order. We work with several courier companies and the most appropriate company will be selected by us for any given order.
Once the order has been completed, you will receive a tracking number and an estimated delivery date. Where applicable a specific time slot will also be confirmed.
We emphasise the importance of checking with the delivery company using your tracking number when the delivery time and date will be, and to make sure you are there to accept and sign for the goods.
We cannot be held responsible for any damages to goods which are incurred during delivery. The delivery company is responsible for the safeguarding of your goods until delivery has been accepted by you
You are responsible to deal with any charges that are occurred due to failed delivery, or if goods are returned to us due to: you not being present or delivery to a wrong address, as provided by you.

5) Designs, Specifications and Changes

We would like to draw your attention to the importance of this clause as it will help you understand the correct procedure for placing an order and requesting changes to goods.
It is important to note that any orders placed with us that are found to be wrong after the completion of the order cannot be refunded.
It is your responsibility to check the spelling and all design aspects of any logos, designs, patterns, text and numbers that you submit to us for an order.
It is your responsibility to make sure the size of the design, logo, pattern, text or numbers is correct prior to submitting an order. If any clipping or resizing has to be made we will notify you, however if you accept the changes and later are not happy with these changes, we cannot cancel or refund the order after has begun.
If you require help and advice from us about a design, logo, pattern, text or numbers, it is your responsibility to then check that the advice we have given is correct. We cannot be held liable for any errors in the design, logo, pattern, text or numbers that you have given us permission to modify.
In the event that you realise there is an error with your order (i.e.: design, logo, pattern, text, numbers). You have the right to request minor changes such as rotation, spelling errors and colours within 2 hours of approving your digital proof.
If we feel that there are too many changes to be made after you report an error, we will advise you on cancelling the order and placing a new order with us.
Upon placing an order, you understand that is your responsibility to check for any errors in the design, logo, pattern, text or numbers, and accept liability for any errors in the design, logo, pattern, text or numbers that you have submitted.

6) Payments

After we have accepted to work on your order, and you agree to the estimated completion date, we will need to take payment from you in full prior to starting work.
It is important to note that any errors must be reported within the mentioned 2-hour period as specified in Clause 5f before submitting your payment.
Once you have made the payment, we will begin to process your order and no further changes can be made.
Paying using BACS (Bank Transfer)

d.i. Where the option to pay using BACS is selected, you must ensure that you quote the correct order number as your reference so that we can easily identify your payment for your order.

d.ii. If you fail to use the correct reference number, there will be delays with your order as we will not be able to identity your payment against your order. This is in direct reference to clause 6.C where we must receive payment before your order is processed.

d.iii. If you have entered the wrong reference number on your payment, it is your responsibility to contact us, and let us know that an incorrect reference was used. Please have your order reference and your payment reference to hand when contacting us so that we can identify your payment.

7) Cancellations

Once an order has been placed and accepted, we will not accept any cancellations unless the cancellation is requested within 2 hours of order approval.
All cancellations are subject to a cancellation fee of 10% of your order total, or £25 (whichever is greater).
Any requests for cancellation placed after work has begun will be denied.

8) Returns & Refunds

Due to amount of time required, and the cost of labour, samples cannot be refunded.
Any goods that have been customised are strictly non-refundable.
In the event that you find that your order has been completed incorrectly, you must write to us via email to: returns@tmscustom.co.uk within 7 working days of receiving your order. When you write to us, please provide any evidence to show that the order is incorrect.
Please note that you are liable for any costs of sending faulty products back to us.
In the event that we find the order to be defective as you have specified, we will endeavour to rectify your order within the previously agree length of time to complete your original order.
In the event that the products that were sent back to us are not defective. You are liable for any shipping costs to have the products shipped back to you.

9) Liability

We cannot be held liable for any errors in the design, logo, pattern, text or numbers which are submitted by you for an order. Please see section 5.A-5.H
You understand and accept to not hold us liable for any damages to goods which are incurred during delivery.
We cannot be held responsible for you not being present to accept the delivery of goods on the date and time provided to you by the courier company.
You are responsible for dealing with any charges incurred due to failed delivery of goods.

10) Confidentiality

Each party that has involvement in this agreement shall keep confidential information safely and securely in accordance with GDPR regulations. Each party agrees that the sharing of confidential information of the other party is forbidden unless prior written consent is given.
All confidential information shall remain confidential and remain the property of the disclosing party.
Information will not be considered to be confidential if is available freely to the public outside of this agreement. This may be through the actions of the party that owns the information or a 3^rd party who has the legal right to distribute this information.
Please see our privacy policy for more information.

11) General

We reserve the right to alter these terms and conditions at any time without notifying you. We strongly suggest that you check the terms and conditions regularly.
Whenever an order is placed, the terms and conditions that bind the parties to a legal contract are the ones that were freely available on our website at the time the order is placed.
As well as the terms and conditions, you may also find our privacy policy here.
If you are acting as more than one person, each member of your party will be held responsible equally by the power of this agreement.
It is important to note that we cannot be held responsible for events that are out of our control. This refers to ‘acts of God’, accidents, explosions, war, terrorism, fire, flood, transport delays, strikes, any other industrial disputes, earthquakes, burglary and any other event that may force us to have difficulty in obtaining supplies to complete a given order.
Any photos and descriptions of products to be found on our website can only be regarded as accurate of time of print. We cannot be held liable for wrong descriptions as these are provided by our suppliers, nor are we to be held at fault due to colour mismatch due to different colour configurations on different monitors, or visual devices used to check product pictures.
This document was last updated on 21^st June 2020