Terms & Conditions
Applicable Laws: for so long as and to the extent that they apply to AWB Textiles, the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
AWB Textiles; means A. W. Bent Limited, company number 00423794
Contract: the contract between AWB Textiles and the Customer for the supply of Services in accordance with these Conditions.
Customer: the person or firm who purchases Services from AWB Textiles.
Data Protection Legislation: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the GDPR and any other directly applicable European Union regulation relating to privacy.
Data Subject: as defined in the Data Protection Legislation.
GDPR: General Data Protection Regulation ((EU) 2016/679).
Personal Data: as defined in the Data Protection Legislation
Services: the services supplied by AWB Textiles to the Customer as set out in the Contract.
UK Data Protection Legislation: any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation
2.1 We reserve the right to change, or to withdraw from sale, any of the items shown on this website.
2.2 We make reasonable efforts to maintain consistency of colour, but the colour of our products may differ from those shown on this website. There may also be colour variations between different batches of the same product.
Despatch and Delivery
3.1 If we receive your order before 12:00 noon UK time on a working day (Monday-Friday, except UK public holidays), we aim to despatch your goods on the same day, otherwise on the next working day (subject to availability from stock). However we cannot guarantee the timing of despatch or delivery of any goods.
3.2 You must tell us in writing, within 7 days of the date of your order, of any claim for non-delivery, late delivery, or damage to goods in transit. Our liability in respect of such claims is limited to replacement of the goods or refund of the price (at our discretion) and does not extend to any indirect or consequential loss.
4.1 All prices quoted on this website exclude carriage. Any applicable carriage is payable in addition to the quoted price.
4.2 You will pay our reasonable extra charges in respect of any special arrangements made at your request in order to expedite delivery; and any costs, expenses and liabilities we incur where you give inadequate or inaccurate instructions.
Payments for goods supplied, whether or not invoiced, will become immediately due if any of the events set out in clauses 6.2(a) to (c) occurs.
6.1 We retain absolute legal ownership of the goods until the price of them, and of any other goods delivered to you subsequently, but prior to the date of payment, has been paid in full.
6.2 If: (a) you do not pay any invoice of ours within 7 days after it has become due or (b) the members of your company pass or call a meeting to pass a resolution for winding up, or if a petition for winding up, administration or bankruptcy is presented against you, or (c) you become subject to a winding up, administration or bankruptcy order, or to any distress or execution on or receivership over any of your assets
then you shall cease at once to use any of our goods not then paid for and shall on demand return to us any of them remaining in your possession.
6.3 Nothing in clauses 6.1 or 6.2 gives you the right to return goods without our consent otherwise than in accordance with our returns policy referred to in clause 9.
7.1 Where we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist, and subject to clause 8.1 any agreed date or period for delivery shall be regarded as extended accordingly.
Suspension and Cancellation
8.1 If any period of suspension of deliveries under clause 7 lasts for more than three months, either of us may cancel the contract by written notice without penalty.
8.2 If any payment due to us from you under this or any other contract is in arrears, we may suspend further deliveries of goods, and if payment is not made within 7 days after we have requested payment in writing we may cancel any of those contracts and re-sell the goods concerned without incurring any liability to you.
You may return any product for a full refund within 30 days of delivery providing that it is in perfect resaleable condition. 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. Garments that are worn, washed, marked or personalised in any way will not be accepted as returns. Should any item be delivered to you in an unsatisfactory condition or should there be any shortages, please notify us within 7 working days and we will rectify the situation. Returns to be sent to: A W Bent, Union Mill, Stratton, Bude, Cornwall, EX23 9AL.
Limitation on Liability
10.1 We will refund or credit the price of faulty goods, or replace them (at our discretion) but we will not be liable to you for any other loss or damage, direct or indirect, consequential or otherwise, whether or not we have been negligent, but subject to clause 10.2
10.2 Nothing in these Terms and Conditions affects our liability for death or personal injury resulting from our own negligence.
Data protection and data processing .
11.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 11 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
11.12 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and AWB Textiles is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
11.3 Without prejudice to the generality of clause 11.1, AWB Textiles shall, in relation to any Personal Data processed in connection with the performance by AWB Textiles of its obligations under the Contract:
- a) process that Personal Data only on the written instructions of the Customer unless AWB Textiles is required by the Applicable Laws to otherwise process that Personal Data. Where AWB Textiles is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, AWB Textiles shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit AWB Textiles from so notifying the Customer;
- b) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).
- c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
- d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
- i) the Customer or AWB Textiles has provided appropriate safeguards in relation to the transfer;
- ii) the Data Subject has enforceable rights and effective legal remedies;
- iii) AWB Textiles complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
- iv) AWB Textiles complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
- e) assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- f) notify the Customer without undue delay on becoming aware of a Personal Data breach;
- g) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and;
- h) maintain complete and accurate records and information to demonstrate its compliance with this clause 11.
11.3 The Customer consents to AWB Textiles appointing a third-party processor of Personal Data under the Contract. AWB Textiles confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 11.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.