Terms and Conditions

1. About us and these terms

These terms apply to every order you place with Madly Merch Ltd ("we", "us", "our"). We are a company registered in Northern Ireland with company number NI684137. Our registered office is 28 Main Street, Saintfield, BT24 7AA, Northern Ireland, and our VAT number is 400 9157 29. You can contact us at info@madlymerch.co.uk.

They apply whether you order through our website checkout or accept a written quote from us. If a written quote contains terms that differ from these, the terms in the quote apply to that order.

By ticking the agreement box at checkout, or by accepting a quote, you agree to these terms. If you do not agree to them, please do not place an order.

If you are buying for a business, club, charity or other organisation, you are a "Business Customer". If you are an individual buying mainly for purposes outside your trade, business or profession, you are a "Consumer". Some terms apply differently to Consumers, and nothing in these terms affects your legal rights as a Consumer.

2. Placing an order and when a contract is made

Your order is an offer to buy from us. We may accept or decline any order. For example, we may decline if the design is unsuitable, if we have made a mistake in a price or description, or if we cannot deliver to your address. If we decline an order we will refund anything you have paid for it.

A contract between us is made only when we send you an order confirmation by email. It is not made when you pay, and a payment receipt from Stripe is not an order confirmation.

You must check that everything you enter is correct, including quantities, sizes, options, contact details and your delivery address. We are not responsible for mistakes in the information you give us.

Each product has a minimum order quantity, shown on its page. We cannot accept orders below it.

3. Products, specifications and images

Our products are made to order. Photographs, illustrations, colours and finishes on our website or in our proofs are a guide only, and what you receive may differ slightly (see section 8).

We may make reasonable changes to a design or specification where this is needed to manufacture it, for example simplifying very fine detail, adjusting line thickness, or matching a colour to the nearest available material. Where a change would noticeably alter the appearance, we will show it on your proof.

Sizes on our website refer to the longest measurement of the finished item, height or width.

You are responsible for deciding whether a product is suitable for your intended use, including use by or for children, and for any labelling, safety or age requirements that apply to that use. Please tell us before you order if the goods are intended for children or for any other regulated purpose.

4. Artwork, proofs and approval

We create a proof of your design free of charge, and we work through changes with you until you approve it. We may limit changes to a reasonable number, and we may charge for, or decline, a substantially new design, repeated reversals of earlier decisions, or any change requested after you have approved the proof.

Please check every proof carefully, including spelling, names, numbers, colours, dimensions and placement. Once you approve a proof, in writing and including by email or message, it is final and we will make exactly what you approved. We are not responsible for errors in an approved proof, whether or not we noticed them, and we cannot offer a refund or replacement for them.

Production begins only after you approve your artwork. Estimated lead times run from the date of approval (see section 7).

If you do not respond to a proof, we may send reminders but we are not required to. If we have not heard from you 30 days after we sent the proof, we may cancel the order. If we do, we keep an artwork fee of £80 (or the amount you paid, if that is less) for the design work done, and we refund the rest.

Files you upload may not be ready for production. We may need to redraw or adjust them, and that is part of our free artwork service.

5. Your content and our rights in designs

"Content" means any logo, artwork, text, image, name or other material that you supply to us. You confirm that you own your Content or have permission to use it for your order, and that it does not infringe anyone else's rights and is not unlawful, defamatory or misleading.

You give us a free, non-exclusive licence to use, copy and adapt your Content so that we can prepare proofs and make your products, and to show our work as set out below.

If anyone makes a claim that your Content infringes their rights, you will pay us for the losses, costs and claims that result, to the extent the law allows.

We may refuse or cancel any order that includes Content we reasonably consider unlawful, offensive, infringing, misleading or unsuitable for manufacture. We will refund anything you have paid for that order.

We own all intellectual property rights in the artwork, designs, proofs, digital files, patterns, dies, moulds, tooling and templates that we create or commission in making your order ("Our Designs"). Your Content that appears in Our Designs remains yours. You may use the finished products as you wish.

We are not required to give you Our Designs, digital files, dies or moulds. If we agree to, we may charge for them and licence them to you on conditions we set. We may keep Our Designs and tooling and reuse them to make repeat orders for you. We will not use your Content to make products for anyone else without your permission.

We may photograph and film the finished products, including your logo or design as it appears on them, and use the images on our website, on social media, in promotional material and in our portfolio. If you do not want us to, please tell us in writing before production starts and we will reasonably consider your request. We will not use your name or logo to suggest that you endorse us.

6. Prices, VAT and payment

All prices are in pounds sterling. Prices for orders delivered in the United Kingdom include VAT at the current rate, shown separately at checkout, and delivery in the United Kingdom is free.

The price you pay is the price shown at checkout when you place your order. A price in a written quote is valid for 10 days unless the quote says otherwise.

If we discover an obvious pricing error after you order, we may cancel the order and refund you, or offer to proceed at the correct price.

Payment in full is due when you place your order. Payments are processed securely by Stripe. We do not see or store your full card details. We can provide a VAT invoice on request.

7. Delivery and lead times

We deliver to addresses in the United Kingdom only. If you would like delivery anywhere else, please contact us for a quote.

Any delivery date, lead time or timescale that we give, whether on our website, at checkout, in a quote, in an email or in conversation, is an estimate and a guideline only. This includes "typically 3–4 weeks after artwork approval", the estimated dates shown on product pages and any express option. Estimates are not guaranteed, and time is not of the essence. They run from the date you approve your artwork, they assume that production and couriers run normally, and they may change.

Express production is available only where we can do it and may cost extra. An express timescale is an estimate like any other date, so it is not guaranteed, and we do not refund the express charge if it is missed.

We are not responsible for delay or failure to deliver caused by anything outside our reasonable control, including couriers, customs, suppliers, severe weather, or delay in receiving your approval or information.

We will deliver to the address you give at checkout. You must make sure someone can receive the goods. If a delivery fails because of an incorrect or incomplete address, or because nobody is available, we may charge you for redelivery. We may deliver in more than one consignment.

Risk in the goods passes to you when they are delivered to your address. Ownership passes to you when we have received payment in full.

Please check the packaging and goods when they arrive and tell us promptly about any visible damage.

If you are a Consumer, nothing in this section affects your legal rights if we do not deliver within the time that has been agreed.

8. Production variations

Our products are manufactured, and some processes are partly handmade, so small variations are normal. You accept reasonable variation in colour (we do not guarantee an exact colour match, including Pantone references, because results depend on the materials and process, and screens display colours differently), in size (up to 2mm or 5% of the stated size, whichever is greater), in plating and finish shade, in thread colour, in the position of small details and in weight.

We may supply up to 10% more or fewer items than you ordered. If we do, we will adjust the price pro rata for the quantity delivered.

Goods that match your approved proof within these allowances are not defective.

9. Problems with your order

Please check your goods on delivery. If you are a Business Customer, you must tell us within 7 days of delivery about any claim that the goods are faulty or do not match your approved proof, with photographs. We are not responsible for claims made after that, except for defects that could not reasonably have been found by checking the goods.

If goods are faulty, or do not match your approved proof by more than the allowances in section 8, we will, at our choice, repair or replace the affected goods or refund their price. We may ask you to send photographs or return the goods to us first.

Goods made correctly to your approved proof cannot be returned because you have changed your mind.

If you are a Consumer, goods you buy from us must be of satisfactory quality, fit for their purpose and as described, and your legal rights and remedies under the Consumer Rights Act 2015 are not affected by these terms.

10. Changing or cancelling an order

Before you approve your artwork, you may cancel by emailing us at info@madlymerch.co.uk. We keep an artwork fee of £80 (or the amount you paid, if that is less) for the design work done, and we refund the rest.

After you approve your artwork, your order is made specially for you. You cannot cancel or change it. We may agree to a change at our discretion; if we do, we may charge extra and the estimated lead time may start again.

Our products are made to your specification or are clearly personalised. If you are a Consumer, this means you do not have the right that normally lets people cancel an online order within 14 days of receiving it, because that right does not apply to goods made to the buyer's specification.

We may cancel an order if we cannot make the goods, if there is a mistake in the order or price, if we have not received payment, or if you break these terms. If we cancel, we will refund what you have paid for goods we have not made.

11. Our responsibility to you

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot legally be limited or excluded. If you are a Consumer, your legal rights are not affected.

If you are a Business Customer, to the extent the law allows we exclude all implied terms, we are not liable for loss of profit, revenue, business, goodwill or for indirect or consequential loss, and our total liability for any order is limited to the price you paid for it.

If you are a Consumer, we are responsible for loss or damage that is a foreseeable result of our breaking these terms or our failing to use reasonable care. We are not responsible for loss that was not foreseeable, and we do not accept liability for any business loss. Subject to your legal rights, our total liability for any order is limited to the price you paid for it.

12. Events outside our control

We are not liable for any delay or failure to perform caused by an event outside our reasonable control, including supplier or courier failure, power or system failure, fire, flood, severe weather, epidemic, strikes, war, terrorism, or changes in law. If such an event lasts a long time, either of us may cancel the affected order and we will refund anything paid for goods we have not made.

13. Samples

We provide samples only if you ask for them. They may be charged for, and they are a guide only. Finished goods may differ slightly from a sample.

14. Your personal information

How we use your personal information is explained in our Privacy Policy, which forms part of these terms.

15. Changes to these terms

We may update these terms from time to time. The terms that apply to your order are those on our website when you place it, or the terms in your written quote.

16. General

These terms and any quote and order confirmation are the whole agreement between us about your order. If you are a Business Customer, you confirm that you have not relied on any statement that is not in them.

If any part of these terms is found to be unenforceable, the rest continues to apply. If we delay in enforcing a term, we can still enforce it later. We may transfer our rights and obligations under a contract to another business. You may not transfer yours without our written consent. Nobody who is not a party to a contract can enforce its terms.

We may give you notices by email. You can give us notice at info@madlymerch.co.uk.

These terms and any contract made under them are governed by the law of Northern Ireland, and the courts of Northern Ireland have exclusive jurisdiction. If you are a Consumer, you also keep the protection of the mandatory consumer law where you live, and the law allows you to bring a claim in the courts where you live.

17. Contact and complaints

If you have a question or complaint, please email info@madlymerch.co.uk. We aim to reply within one working day.