Terms of service

OUR TERMS AND CONDITIONS OF SALE

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Goods from Our Site. You will be required to read and accept these Terms and Conditions of Sale when ordering Goods and/or Bespoke Goods. If you do not agree to comply with and be bound by these Terms and Conditions of Sale, you will not be able to order Goods and/or Bespoke Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

Definitions and Interpretation

In these Terms & Conditions of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods”	means generally all goods made and customised to order, sold by Us through Our Site, but specifically individually printed items and goods;
“Contract”	means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods”	means goods (that are not made or customised to order) sold by Us through Our Site;
“Order”	means your order for Goods and/or Bespoke Goods;
“Order Confirmation”	means our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order; and
“We/Us/Our”	means VS One Group Limited, a company registered under company number 11803856, and who’s registered address is located at 81 Rabone Lane, Smethwick, B66 3JH, United Kingdom.

Information About Us

Our Site, www.bannerbay.co.uk is owned and operated by VS One Group Limited, a company registered under company number 11803856, and who’s registered address is located at 81 Rabone Lane, Smethwick, B66 3JH, United Kingdom.
We are promoters of an online E-commerce store which provides bespoke, custom printing of printed goods and services online, such as Hoodies and T-shirts, clothing, headgear and other printed merchandise.
We custom print using our own artwork/design and the Customer’s own artwork/design.

Access to and Use of Our Site

Access to Our Website is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of Our Site is subject to our Website Terms of Use available from the footer of Our Homepage. Please ensure that you have read them carefully and that you understand them.

Age Restrictions

Consumers may only purchase Goods and/or Bespoke Goods through Our Site if they are at least 18 years of age.
None of the Goods or Bespoke Goods on Our Site may be purchased by anyone under 18 years of age. If you wish to purchase and are under the age of 18 years, then a Parent or Responsible Guardian must make the Order on your behalf.

Business Customers

These Terms & Conditions of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of a business transaction. Please ask us for our separate Business Terms.

International Customers

Please note that We generally only deliver within the United Kingdom. If you are outside of the United Kingdom you should contact Us with your specific request and we will try to assist you. Additional Shipping, Freight, Customs Duties and Importation charges may apply and these are your sole responsibility.

Goods, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Goods available from Us correspond to the actual Goods and/or Bespoke Goods that you will receive. Please note, however, the following:

Images of Goods and Products are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
Images and/or descriptions of packaging are for illustrative purposes only; the actual packaging may vary, and due to the nature of the Goods and Bespoke sold through Our Site, there may be a slight variance in the size, capacity, dimensions, measurements, weight, of those Goods and/or Bespoke Goods between the actual Goods and/or Bespoke Goods and the description. Due to the difference in your device screen resolution, colours and opacity may not look exactly the same as appears on your own PC or device.

Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods and/or Bespoke Goods, not to different ones altogether. Please refer to Clause 11 if you receive incorrect Goods.
Where appropriate, you may be required to select the required size, model, colour, number, of the Goods and/or Bespoke Goods that you are purchasing.
You may be required to send us Artwork or Designs to use to print your Goods. These should conform to our required standards as shown in our requirements information link at the footer of our homepage. You should ensure that any designs you send Us are original work/s or designs and do not infringe the copyright of another person. We reserve in our absolute judgement, the right to cancel any order that we feel infringes such copyrights or trademark rights.
If you order Bespoke Goods from Us, We will make, print or customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that reason is due to incorrect information provided by you. Please note that this does not affect your legal rights. Customised or bespoke goods are exempt from the Consumer Contract Regulations. Generally, you will have no right to a refund unless the fault is ours.
We cannot guarantee that Goods and/or Bespoke Goods will always be available. Stock indications are not always provided on Our Site.
Minor changes may, from time to time, be made to certain Goods and/or Bespoke Goods between your Order being placed and Us processing that Order and dispatching the Goods and/or Bespoke Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods or Bespoke Goods and will not normally affect your use of those Goods and/or Bespoke Goods. However, if any change is made that would affect your use of the Goods and/or Bespoke Goods, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated at regular intervals. Changes in price will not affect any order that you have already placed.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Goods and/or Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
Delivery charges are not included in the price of Goods or Bespoke Goods displayed on Our Site. For more information on delivery charges, please refer to our Delivery Charges information. Delivery options and related charges will be presented to you as part of the order process.

Orders – How Contracts Are Formed

Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In particular, if you are ordering Bespoke Goods, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun making or customising your items. We will not be liable for any incorrect information given by you.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes merely a contractual offer that We may, at Our sole discretion, accept or reject. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you this Confirmation will there be a legally binding Contract between Us and You.
Order Confirmations shall contain the following information:

Your Order Number;
Confirmation of the Goods ordered including full details of the main characteristics of those Goods and/or Bespoke items;
Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery and other additional charges;
Estimated delivery date(s) and time(s).

We will also include a paper copy of the Order Confirmation with your Goods and/or Bespoke Goods when they are delivered.
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods unless you specifically request that We make a refund using a different method.

Payment

Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance (unless you have a pre-approved account and invoicing arrangement with Us) and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods and/or Bespoke Goods.
We accept the following methods of payment on Our Site:

Card payment via our nominated Payment Processing company.

Delivery, Risk and Ownership

All Goods purchased through Our Site will be delivered within the time period specified in your Order confirmation or by the date of any specifically agreed date/s. Please note that Bespoke Goods may take longer and We will provide further information in the relevant product descriptions during the Order process.
If We are unable to deliver the Goods and/or Bespoke Goods on the delivery date, the following will apply:

If no one is available at your delivery address to receive the Goods and/or Bespoke Goods and the Goods and/or Bespoke Goods cannot be posted through your letterbox or left in a safe place nominated by you, Our courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods and/or Bespoke Goods;
If you do not collect the Goods and/or Bespoke Goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods and/or Bespoke items. If this happens, in the case of non-bespoke Goods, you will be refunded the purchase price of those Goods themselves, but not the cost of delivery. In the case of Bespoke Goods, no refund is paid. We may also bill you for any reasonable additional cost that we incur in recovering the Goods and/or Bespoke Goods.

In the unlikely event that We fail to deliver the Goods and/or Bespoke Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

We have refused to deliver your Goods and/or Bespoke Goods; or
In light of all relevant circumstances, delivery within that time period was essential; or
You told Us when ordering the Goods and/or Bespoke Goods that delivery within that time period was essential.

If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you within 7 days of them being received by Us. Please note that if any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods and/or Bespoke Goods. This 10.5 does not apply to specially printed items or customised or bespoke Goods.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered them to the address including, where relevant, any alternative address you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), Government ordered restrictions or lockdowns due to epidemic or pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Goods as necessary;
If the event outside of Our control continues for more than 30 days or if Your Order was specifically agreed as being time-sensitive, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled and any Goods already sent are returned to Us;
If an event outside of Our control occurs and continues for more than 30 days (unless the Goods were specifically ordered and agreed as being time-sensitive) and you wish to cancel the Contract as a result, you may do so by emailing Us at support@bannerbay.co.uk, or calling us on 01215720909.

In each case, providing us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled, once the goods are received back by Us.

Communication and Contact Details

If you wish to contact Us with general questions or complaints, you may contact Us by email on support@bannerbay.co.uk
For matters relating the Goods and/or Bespoke Goods or your Order, please contact Us as outlined above.
For matters relating to cancellations, please contact Us as outlined above or refer to our Cancellation & Refund Policy

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure, available from our Customer Service Department. You can contact Us regarding this by using the methods above
If you wish to complain or raise any concerns about any aspect of your dealings with Us, you may do so by emailing Us at info@bannerby.co.uk, or calling us on 01215720909.

How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy which is at the foot of our Homepage.

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms & Conditions of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may transfer (assign) the benefit of our warranties to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from Us (for example, by selling the Goods to that person or giving them the Goods as a gift). We may require that person to provide reasonable evidence that they are now the legal owner of the Goods in question, such as an invoice or transfer of ownership receipt/ agreement.
You may not transfer (assign) your other legal obligations and rights under these Terms and Conditions of Sale (and under the Contract, as applicable) without Our express written permission. We may not permit the assignment if you transfer or sell the goods to any of our competitors.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms & Conditions of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.

Law and Jurisdiction

These Terms & Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England & Wales.
If you are a Consumer, you will benefit from any mandatory provisions of the law in your own country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms & Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
If you are a business, any disputes concerning these Terms & Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.