Welcome to 7Active UK.
These terms and conditions outline the rules and regulations for the use of 7Active UK’s website, located at 7active.co.uk. For our Business Terms of Contract, please scroll down.
By accessing this website we assume you accept these terms and conditions. Do not continue to use 7Active UK if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, 7Active UK and/or its licensors own the intellectual property rights for all material on 7Active UK. All intellectual property rights are reserved. You may access this from 7Active UK for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from 7Active UK
- Sell, rent or sub-license material from 7Active UK
- Reproduce, duplicate or copy material from 7Active UK
- Redistribute content from 7Active UK
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. 7Active UK does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of 7Active UK, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, 7Active UK shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
7Active UK reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant 7Active UK a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organisations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organisations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organisations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of 7Active UK; and (d) the link is in the context of general resource information.
These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to 7Active UK. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organisations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of 7Active UK’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
BUSINESS TERMS OF CONTRACT
7Active, with a business address at Severn House, Hylton Road, Worcester, WR2 5JS, are the “Company”, and sells goods (“Goods“, which expression shall as the context admits refer to any or all of such goods) exclusively upon the terms set out below (the “terms”).
The “Customer” shall refer to any person, firm, company or organisation placing an order of goods. The placing of an order or acceptance of the goods constitutes an agreement to observe and be bound by the terms and concessions, latitude or waiver that may have been allowed by the company at any time shall not prevent the company subsequently exercising its full rights under the terms.
Part and late deliveries based on any of the below terms (such as amendments and changes to Goods) will not, therefore, be a justification for withholding payment in any case.
SCOPE OF WORK
The work to be performed by the Company under this Business Contract (“goods”) shall be as set forth in the Company’s Statements of Work and schedule. The Company will exercise its best efforts to complete the production of the Goods in a professional and diligent manner, on schedule and at the price stated in each Statement of Work.
Initial prices are intended as a guide only, and is not an offer for sale. The Company reserves the right to alter prices, and specifications without any prior notice.
Any description of goods sold is given by way of identification only and shall not constitute a contract of sale by description nor shall production or exhibition of a sample prior to the placing of an order be taken to constitute a sale by sample. Fabric composition is given as a guide only and the Company reserve the right to change composition without prior notice.
The Company shall not be liable in respect of any claims by the customer arising out of any of the conditions, warranties and guarantees subject to which the goods are offered as to all of which matters the customer shall satisfy themselves.
PAYMENT TERMS & CANCELLATION COSTS
The Company will invoice the Customer at the agreed price. The Company require 25% payment prior to the commencement of the contract, 50% and the remaining 25% balance to be paid before dispatch of the final goods. Delivery of goods shall be accepted and payment shall become due as per the agreed terms on order confirmation.
The Company reserves the right to charge interest at 2% per month on all outstanding balances, and to recover any third party collection costs relating to overdue debts.
TOLERANCES (OVERS & UNDERS)
Every endeavour will be made to deliver the correct quantity but deliveries are conditional on customers accepting a margin of 5% on over/under delivery; with invoices charged accordingly.
TIMINGS & DATES
7Active require comments on Goods within two working days of receipt of samples. Amendments and changes to (previously agreed) Goods at this stage will affect manufacturing lead times, and result in a delay to the production of your order and incur additional costs.
Due to Far-East production, additional delays may occur on orders of Goods placed between the end of November and the end of February, due to national holidays. This must be taken into account when placing order of Goods and setting completion dates.
Any change from the client to the Goods after initial costings and specifications may affect the final cost. This includes, for example, the changing of the logo, the addition of new features, changing the quality of features). Please check order forms carefully for anything specified (Pantone, waterproof levels) will be followed.Amendments to fit and sizing will be agreed with the Account Manager. If additional changes are made after the second fitting, there will be a minimum charge of £350 and additional charges may be applied depending on the scale and number of changes.
If the order is cancelled by the Customer, then the cost of the contract (to date) will be calculated using the schedule below, and billed to the client. All costs below exclude VAT.
Sample Costs: Charged at £350 per sample
Garment Technicians: Day rate charged at £350
Account Manager: Day rate charged at £350
Deliveries: Charged at Cost
Buying Samples: Charged at Cost
Other Costs: Mould charges, fabric costs & colour swatches: Charged at Cost
Tech Packs Per Garment: at 2 Days Garment tech rate (£750)
Meetings: £100 Per Hour per person (plus travel expenses or mileage at 0.45p per mile)
Testing will be lead and directed by the Company. Customer testing will be arranged as per Customer requirements set out and organised beforehand. Any specific (or extra) testing requirements requested by the Customer may require additional charges.
The Company is in no way responsible of liability for any indirect or consequential loss or for any loss to the customer arising from third party claims due to errors, defective dye, manufacturing or any delay in delivery.
The Company does not give or imply any warranty that the goods sold do not infringe the patent rights of a third party. If goods are manufactured to the customers design or according to the customers instructions, the customer shall indemnify the Company in respect of all claims, damages, costs and expenses in respect of any alleged infringement and on discovery of such infringement the seller shall be at liberty to terminate the contract and receive payment for all goods supplied, manufactured or allocated to the customer even if not actually delivered to or collected by a customer.
Delivery charges are as per initial prices which will be subject to change without any prior notice. Expedited deliveries will be charged extra.
The company shall not be liable to the customer for any inability to perform or delay in performing any of its obligations hereunder where such in ability or delay as aforesaid is caused (directly or indirectly) by any event or circumstance beyond the company’s reasonable control including (but without limitation) any issues affected by extreme weather, trade disputes, trade strikes or lock-outs involving any of its own employees or the employees of any of the supply chain (from manufacture to logistics).
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as it finds necessary as a result of any Act of God, War, Strike, Lockout or any other dispute, Flood, Fire, Drought, Legislation or any other cause (whether of the fore-going class or not) beyond the Company’s control. No responsibility is accepted by the Company for late deliveries
SHORTAGES, DAMAGES & RETURNS
If upon delivery any goods ordered by the customer are found to be missing or damaged the company will use its reasonable endeavors to assist the customer in making a claim against the carrier by showing that the relevant goods were delivered to the carrier in sound condition provided that the customer notifies the company and the carrier of all relevant details in writing within three working days of delivery. Failure to act within such time will render such assistance by the company entirely discretionary.
If upon the receipt of any invoice from the company the customer finds that any consignment of goods covered by such invoice was not received by the customer then the company will use its reasonable endeavours to assist the customer in making a claim against the carrier by showing that such consignment of goods was delivered to the carrier provided the customer notifies the company and the carrier of all relevant details in writing within 7 days of the date of such invoice. Failure to take action within such time will render such assistance by the company entirely discretionary.
Unless specified on the contract, no guarantee is given or implied as to quality, washing stability, colour-fastness, wear-ability or making up quality of the goods supplied, nor as to their fitness for any purpose expressed. The customer shall in no case to be taken to have relied upon the skill or expertise of the Company or its agents.
Claims arising from shortages (partial loss of goods in transit), or damage must be made to the Company so as to reach them within 5 working days of receiving the goods. Any other claims must be made within 10 working days of receipt.
For the avoidance of doubt the company shall not be responsible for the acts or omissions of any carrier.
These terms shall be governed and constructed in accordance with the laws of England to the non-exclusive jurisdiction of whose courts the customer agrees to submit.
The construction, validity and performance of this contract shall be governed by the laws of England and any legal proceedings in relation to such contract shall be submitted to the jurisdiction of the English courts without prejudice to the Companies right to bring any such proceedings before the Courts have jurisdiction in the place of residence and business.