Terms & Conditions
Please note that we only supply products on a Proforma basis, requiring your full payment with order.
Generic samples are provided free of charge on request, for business customers.
Please note that the delivery times indicated are close estimates and not guaranteed delivery schedules.
Average delivery times are stated as working days.
Approval is by .pdf visual. Pre-production samples are chargeable - please ask for details.
Please refer to the product pages for details of what the price includes.
Please note we are a UK based company with manufacturing facilities in the Far East.
Import duty is not normally applicable but if it is charged, this cost is for the buyer's account. Click here for more information.
It is the customer's responsibility to check the correct type, size and details of the product being ordered.
We work strictly to the details stated on the visual supplied. Please carefully check all aspects prior to approval as errors identified after approval are beyond our responsibility.
Please note that colours viewed on PC monitors can vary from actual Pantone colours, in much the same way as TV images between different TV sets in a television retailers, present different colours for the same program. Therefore please ensure that you provide the correct Pantone references and if in doubt, consult a Pantone guide prior to approval.
Thank you.
Promo-Bands - General Terms and Conditions.
All terms and conditions relating to the supply of products from Promo-Bands are covered below.
Please read all terms and conditions carefully before placing an order. "By ordering any of our Products, you agree to be bound by these terms and conditions. "By making payment you have entered into a binding agreement with us and have agreed to accept these terms and conditions. All orders must be paid for prior to production.
1. About Promo-Bands:
Registered office details: Promo-Bands / Fling Promotions Ltd, 2 Tower House, Hoddesdon, Herts, EN11 8UR. England. Company No: 1353639. VAT Registration GB 197 1588 58.
2. Service Availability:
The following countries represents our standard free delivery region:
Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States. Customers outside of these zones are supplied on an 'EX UK FACTORY' basis.
3. Your Status:
By placing an order through our website or otherwise you warrant that:
a). You are legally capable of entering into binding contracts.
b). You are at least 18 years old.
c). You are resident in one of the countries stated above. d). You can provide a valid email contact.
4. The contract between us: 4.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm acceptance by sending you an email confirming your order (the Order Confirmation). A legally binding contract between us will be formed only when we send you the proof for approval.
4.2 However, you will not have any right to cancel a Contract for the supply of any of the Products because the cancellation rights do not apply to the sale of custom-made articles or goods made to
a consumer’s specification.
5. Availability & reliability: 5.1 All the specified delivery schedules will not be fixed. A fixed schedule must have been expressly designated as such and agreed by us. As a rule, specified delivery schedules denote planned shipment times.
5.2 The delivery date is dependent upon receipt and confirmation by Promo-Bands of all data, payments and email notices, in good time. The order is only worked on after receipt of payment. The beginning of the delivery time has to be postponed until receiving all required information, files & payment details accordingly. The delivery period is specified in working days - Mondays to Fridays, excluding public holidays. 5.3 The delivery period will be regarded as having been observed if the goods have left the plant or, if they can be dispatched, have been reported as ready for shipment by the end of the delivery period. This will be subject to Promo-Bands being supplied correctly and on time. Prompt and proper fulfillment by the customer of their obligations will be required so that the delivery period is observed.
5.4 If the agreed delivery schedule is not observed by us, you will first set a reasonable period of grace in writing. You can rescind the Contract if this period of grace expires without result.5.5 Promo-Bands only guarantee to meet dispatch dates. Dispatch dates are based on courier services and generally taken as five day transit times. If the courier fails to deliver due to service problems, then this is beyond our control and outside of our responsibility. 5.6 Delivery dates are estimated and to the besy of our knowledege. Promo-Bands cannot be held responsible for delays outside of the company's control. 5.7 On occasion the couriers may charge a duty or import fee. This is unusual but all duty fees are soley for the buyers account.
6. Risk & Title: 6.1 The Products will be at your risk from the time of dispatch. If the goods are ready for dispatch and shipment or acceptance of them is delayed for reasons for which we are not to blame, the risk shall pass to the customer when the customer receives notice that the goods are ready for shipment. 6.2 Ownership of the Products will pass to you only when Promo-Bands receives including delivery charges.
7. Price & payment:
7.1 The prices of any Products will be as quoted, except in cases of obvious error. 7.2 These prices exclude VAT which is not chargeable and include delivery costs. The costs for shipment will cover once-only dispatch to one delivery address as specified by the customer.
7.3 Payments will be charged in £GBP, USD$ or Euro unless otherwise indicated. For overseas Purchasers, there is an option to from the above currency during the checkout process, if paying by bank card. The currency converter shown on this website is for guidance only, as exchange rates can fluctuate slightly. Therefore conversions shown may vary from your credit card statement.
7.4 Promo-Bands is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a ‘mis-pricing’. 7.5 Payment for all Products must be by credit card (MasterCard and Visa), debit card (Switch, Solo, Visa, Visa Electron and Maestro), or Paypal or Bank Transfer, in advance.
8. Print data and obligations to check it: 8.1 We will carry out all print orders solely on the basis of the print data sent by you. Error-free printing is not guaranteed in the case of differing data formats or other specifications.
8.2 You must carefully check the print data to determine whether it is suitable for the order before sending it to us. We will not check the print data and the customer alone will bear the risk of any errors in the printed Products owing to incorrect data supplied.
8.3 At your express request, formats other than those specified in the customer information will be processed, where technically feasible. If errors occur as a result of using these formats, responsibility will be borne by the customer and not by Promo-Bands. We reserve the right to improvise as required for missing information.
8.4 We can convert print data not sent in CMYK mode, but such conversion will be at the customer’s risk. Conversion of RGB data or ICC colour profiles will naturally result in deviations in colour from the original and, again, liability for these deviations will lie solely with the customer.
8.5 Full colour images are reproduced at our discretion and within the limitations of the printing process. Some colour variation may be inevitable, as our software automatically compensates to achieve the best overall effect.
8.6 Pantone references stated for material colours, (fabrics, silicon, inks etc), may vary slightly between batches. These are therefore only intended as a guide & although usually very close, should not be taken as an exact match.
8.7 Promo-Bands reserves the right to amend the packing specifications if required. Promo-Bands reserves the right to amend product specifications as deemed necessary applies to fabric types & grades, silicon grades and all material colours, although changes are infrequent.
9. Colour matching: The matching of colours to Pantone references for inks and materials will be carried out as accurately as possible, within the limitations of the processes used. It should be noted that while colour matches are generally very close, total accuracy cannot be guaranteed and slight mismatch will not be viewed as a fault. We only work with the Pantone Matching Sysytem and cannot accept RGB or other references. If you'd like us to convert colours to PMS for you, then please note the conversion at your request & responsibility. Please note that colours can vary bewteen PC monitors and actual colours. Therefore please ensure that you provide the correct Pantone references and if in doubt, always consult a Pantone guide prior to approval.
10. Complaints: 10.1 Obvious defects in delivered goods must be reported to us within 7 days of receipt.
10.2 Complaints made solely because you have failed to heed the information on requirements for the print data cannot be raised. This shall apply in particular to printed matter that is based on RGB colours, and in which the resolution is too low or in which fonts that are not embedded are used.
10.3 Slight deviations in colour will not be regarded as defects.
10.4 Slight misalignment between the registry of the printed design is unavoidable when printing on fabric or other soft materials and will not be considered as faults. 10.5 Exact concentric alignment of a printed design onto any product can not be guaranteed do to the nature of the product & materials used. 10.6 The physical properties of materials, (including silicon), can vary with ambient temperature and humidity. This variation can cause some products to perform slightly differently and cannot be regarded as a defect. 10.7 A product will be deemed faulty if it does not operate properly when used in accordance to the manufacturers instructions.
11. Our liability: 11.1a Promo-Bands warrant that any Product purchased from us is of satisfactory quality. It is possible & recommended practice to purchase a sample before placing your order. 11.1b Promo-Bands Products should not be compared to other manufacturers items of similar appearance, as all items manufactured are unique to the company.11.2 This does not include or limit in any way our liability:
a). For death or personal injury caused by Promo-Bands negligence. b). Under section 2 (3) of the Consumer Protection Act 1987. c). For fraud or fraudulent misrepresentation. d). For any matter for which it would be illegal for Promo-Bands to exclude, or attempt to exclude, its liability.
11.3 If the supplied goods are defective, Promo-Bands – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Promo-Bands allows the period of grace set for it to elapse without supplying a replacement or if subsequent remedy fails, you can rescind the Contract or demand appropriate reduction in the purchase price, to the exclusion of all other claims. Promo-Bands will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods.
11.4 If part of the delivery has defects, this will not authorise the customer to object to the entire goods.
11.5 In the event of rescission of the Contract, Promo-Bands will refund any money received from you within a reasonable time. 11.6 Promo-Bands reserves the right to change and upgrade designs at their discretion, to add or remove products features.
12. Ownership, archiving, proprietary rights:
12.1 The printing forms or carriers produced and used by Promo-Bands to produce the goods will remain its property.
12.2 Digital data and other objects required for reuse, as well as semi-finished and finished Products, will not be retained by Promo-Bands beyond the delivery schedule. Data used for production is not returned to the customer shipment.
12.3 Promo-Bands Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent. Promo-Bands has no influence on the contents of the printed Products. You represent that you have all rights to use, disseminate and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the data you supply does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. You will indemnify us without reservation if claims are asserted against Promo-Bands due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by you.
13. Events outside of our control:
13.1 Promo-Bands will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and includes in particular (without limitation) the following:
a). Strikes, lock-outs or other industrial action. b). Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war. c). Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d). Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e). Impossibility of the use of public or private telecommunications networks. f). The acts, decrees, legislation, regulations or restrictions of any government. g). Power failures which affect production. h). Customs related delays or inspections. i). Third party delays caused by couriers or their associated services.
13.3 Promo-Bands performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Promo-Bands will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
14. Waiver:
14.1 If Promo-Bands fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer's obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.
14.2 A waiver by Promo-Bands of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by Promo-Bands of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing in accordance with Paragraph 15 above.
15. Entire agreement:
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Promo-Bands and the customer, whether oral or in writing.
15.2 Promo-Bands and the customer both acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Promo-Bands prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of the parties will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy will be for breach of contract as provided in these terms and conditions.
16. Our right to vary these Terms & Conditions:
16.1 Promo-Bands has the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to these policies or terms and conditions is required to be made by law or governmental authority (in which case it will placed by you), or if we notify you of the change to these policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. Law & Jurisdiction:
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the English courts.
