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. Please read these terms carefully, as they set out important information about your and our rights and obligations. Please note that on placing an order these terms and conditions (“terms”) shall apply.

3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying goods and/or services 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 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 or Ireland to place an order with us. 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 takes place when you place the order with Us, either verbally on the phone or via email or by other mutually agreeable means of communication, 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, the goods and/or services are unavailable, you are under 18 or there has been a mistake regarding the pricing or description of the goods and/or services. We will email you using the details you provided when you placed your order should such eventuality occurs. We have the right to reject any order for any reason.

4.4 We make reasonable efforts to maintain consistency of colour in relation to our goods, but the colour of our products may differ from those shown on the website. There may also be colour variations between different batches of the same product.

4.5 Please check and provide 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 or communicated 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 and unmarked. 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 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 and all goods 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 goods and/or 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 goods and/or 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 goods and services

7.1 Descriptions of our goods and services are set out on our website.

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 only and are not of the essence.

7.4 The order will be delivered to the address specified by you when you placed your order. For the avoidance of doubt we shall have no liability to you for addresses which have been incorrectly inputted or communicated to us which results in your order being delivered to the incorrect address.

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 goods are provided to you for your domestic and personal use only. You must not use our services or goods 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 goods and/or services are as agreed between you and us. All prices are in pounds sterling (£)(GBP) and exclude VAT at the applicable rate. Prices for each product listed in our invoice are shown exclusive of VAT with total VAT shown at the base of the invoice. Prices on our website are shown inclusive of VAT.

8.2 Prices for our goods and/or 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 regarding the pricing of any of our goods and/or 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 When the goods and/or services are ordered by you we shall invoice you the full amount due.

9.2 You shall pay the invoice within 28 days from date of invoice unless expressly agreed in writing by us in advance.

9.3 If payment of any sum due by you under an order is not received by the due date we shall be entitled to:

         9.3.1 charge interest on the outstanding amount at the rate of 2% a year above the base rate of Lloyds Bank, accruing daily;

         9.3.2 require you to make a payment in advance before orders are shipped; or

         9.3.3 terminate your order and refuse any future orders you may request.

9.4 If there is an existing written and mutually agreed credit arrangement between you and us and you exceed or any subsequent order would cause you to exceed the agreed credit limit, we shall not release your order or agree future orders until payment is made in full. For the avoidance of doubt, a credit agreement does not negate your requirement to pay invoices as per clause 9.2.

9.5 We reserve the right to terminate, amend, reduce or require payment in advance if any credit arrangement is not adhered to by you or such credit terms require excessive management by Us (by way of example, chasing of outstanding invoices owed), we reserved the right to amend, reduce, remove and/or require payment in advance (pro-forma) on all future orders.

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.

12.4 We will not be liable to you under or in connection with these terms should you resell any goods supplied by us.

12.5  Without our prior written consent you shall not assert in any way, by any means, that our goods or associated brands are your brands. All such ownership in any goods and associated brands shall remain vested in us. You shall not market our brands as your own brands and such action will warrant termination of any current or future order.

12.6  Any marketing material which refers to our goods or brands must be approved by us in writing prior to such marketing materials being published.

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. No other supplementary terms, by way of example, terms within a purchase order or procurement portal, shall be valid or effective unless duly signed by You and Us. 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.