Terms & Conditions
Last updated Wednesday 2nd March 2022 at 19:53.
Please read these Terms and Conditions (“terms”, “terms of use”; “terms of sale” – in the case of a sale) carefully before using any of the services operated by Ben Mobbs t/a BJUM (“us”, “we”, or “our”).
Your access to and use of the services is provided upon your acceptance of and compliance with these terms. These terms apply to visitors, users, customers/clients and all who access or use the services.
By accessing or using the services, or contacting us independently to begin an engagement, you agree to be bound by these terms. If you disagree with any part of the terms then you should not and may not use the services. The services include, but may not be limited to:
- This website (https://bjum.uk);
- T-shirt printing;
- Sign-making;
- Glass etching;
- CNC machining/fabrication;
- or any other art, design or fabrication service advertised and accessed or requested by you (the customer), even if it is not yet advertised, or arranged especially in accordance with you.
Intellectual Property
This website and its original content, features and functionality are and will remain the exclusive property of BJUM and its licensors, and is not to be used or reproduced in any way without express written permission. This may include, but is not limited to brand/product names, logos, trademarks, written articles (such as blog articles), audiovisual content, original drawings, designs, diagrams and other imagery offered as part of the services or in intermediate communications (such as e-mails/letters), unless these have been expressly transferred to the customer as part of a previously agreed contract of sale, or as otherwise stated or credit duly given.
Intellectual property belonging to the customer, such as recorded works (images, brand information, etc.) protected by Copyright or Trademark, typically existing prior to the engagement with us, will always remain the sole property of the customer or client. However, this does not include any derivative or original work produced between the customer and us, that may contain portions of the customer’s work as provided for that creative purpose, which up until a suitable agreement transferring the full copyright of that product is reached normally via a sale (including full payment), is automatically granted a co-authorship status under English law. We agree never to use customers’ intellectual property without permission.
External Links
Our website may contain links to third-party sites or services that are not owned or controlled by BJUM. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party sites or services that you visit.
Website Disclaimer
Your use of this website is at your sole risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Warranty
Physical items (excluding clothing or garments) or digital images provided exclusively to the customer in each case as part of a valid contract of sale are provided with a warranty of one (1) year. Items may only be repaired or replaced by us due to what are deemed by us (or a suitably qualified and independently verified expert opinion) to be a material defect in workmanship, craft, previously guaranteed quality, materials or other material defect that was not caused by neglect, misuse or otherwise operating against our instruction by the customer, or acts of sabotage, criminal damage, natural disaster or similar external circumstance.
Garments (items of clothing or related accessories) are, by their degradable and consumable nature (of fabric, inks etc.), unable to be warranted, especially where it is apparent the garment has been abused or tarnished deliberately or by accident. We may only agree to a remedy if a typical garment does not maintain a normal performance as can be expected from a similar product, using the same methods of manufacture and materials, including washing and drying within the specifications and washing instructions provided, to a maximum of 20 washes for pigment ink graphics (30 degrees centigrade cold wash, inside out, no ironing over graphic, no tumble dry), and 40 washes for HTV (vinyl/polyurethane transfer) graphics (40 degrees centigrade warm wash, inside-out, tumble dry on low heat). In the unusual event of a garment underperforming according to our specifications we may, at our sole discretion, remedy or replace garments decorated with pigment ink transfers within 3 months of use, and HTV (vinyl/polyurethane transfer) graphics within 6 months.
Returns, Cancellations & Refunds
In these cases, we ask that customers please consider the great cost to our small business returning and replacing items often produced especially for you (the customer) beyond not only the monetary expense and typical losses incurred but the time, physical effort, skill and passion applied in creating the item, and how problems can usually be resolved with some amicable remedy such as alteration, exchange, repair or replacement of the item, before then considering reversing the engagement if no other resolution is possible. We will always be happy to hear ideas for solutions and try our utmost best to resolve problems in a satisfying way, so please contact us.
Retail items (i.e. only finished items offered for general sale) clearly used (such as clothing or garments) or otherwise not returned to an original state suitable for resale cannot be accepted for return. Citizens of the United Kingdom have a right to cancellation of retail items only for a maximum 14 calendar days after receipt of the finished item, to be returned at the customer’s expense. This includes instances where for example the customer selected the incorrect size or other appropriate fit of item, and promptly informs us of their mistake via a regular channel such as e-mail.
Customised or bespoke items are not eligible for return due to, for example, the customer’s change of mind, customer’s provision of incorrect specifications, or other reconsideration of the sale that does not constitute a breach of the Warranty or consumer rights law. In the case of incorrect sizing or fit as specified by the customer, if a replacement bespoke item is desired, it must be purchased again at the full price.
The cost of return of items (reasonably incurred by the most economical method of recorded or “signed for” delivery available) covered by our Warranty will be reimbursed or credited by us within 14 working days of receipt of the item, and only if upon inspection a defect is observed in accordance with the Warranty.
Orders (of all kinds) can only be accepted for cancellation before delivery within 24 hours (or 2 hours where the delivery is to be made the following day) of payment and/or placement of the order by e-mailing hello@bjum.uk with the subject line “CANCELLATION” followed by your order number, if you have one. In which case, we reserve the right to retain any portion of documented expenses incurred in order to fulfil your order as soon as possible (this is especially the case for quick turnarounds requested by the customer), such as cost of expended or acquired materials, logistics or third party supply/services for which orders have already been subsequently placed (that cannot themselves be cancelled by and refunded to us). We will hapilly provide copies of invoices for any non-refundable costs. Any payment(s) due will be refunded to your original payment method and deliveries will be cancelled.
If for any reason an item in question cannot be replaced or remedied suitably under these Terms, a refund can be requested. Please understand refunds may take anywhere from 10 to 30 calendar days to process, depending on the price of the item and the costs already incurred by us, which may be substantial or close to the amount originally paid up for the item. This will be made to your original payment method. However, we will always try to reimburse as soon as is financially possible. We will always strive to make good problems with repair or replacement in the first instance.
Governing Law
These terms shall be governed and construed in accordance with the laws of England, United Kingdom. Any legal challenge made will only be accepted for appropriate remediation as upheld by a judge in an English court, if it is not otherwise amicably resolved and agreed beforehand.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable in court, the remaining provisions of these terms will remain in effect. These terms by default constitute the entire agreement between us regarding use of our services, and supersede and replace any prior agreements we might have made between us regarding the services that are out of date or otherwise expired. That is, unless extra terms are provided in special and concurrent addition to these basic terms as part of a sale, in which case all stipulations, or the latest version of or most unique particular term(s) that may supersede or replace typical terms of that arrangement, apply first.
These terms do not affect your statutory rights.
Changes
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Updates will be provided at this URL and where necessary communicated to the customer as part of any current or ongoing engagement.
By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the services.
Contact Us
If you have any questions about these Terms & Conditions, please contact us.