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Madeira UK LLP

For questions, please contact:
12 Hallikeld Close
Barker Business Park
North Yorkshire

Telephone: +44 1765 641700
Fax mail: +44 1765 641707

Terms & Conditions of Trading

The online shop is for commercial embroiderers, with or without existing accounts with Madeira UK LLP. You can order from our complete product line, 24 hours per day, 7 days per week & 52 weeks of the year. Despatches will take place Monday to Friday, excluding public holidays and Christmas closedown.

By using the online shop, you warrant you agree to the terms and conditions as below.

  1. How to place an order online
    1. You must be 18 years of age or older to use the online shop facilities.
    2. To set up an account
      1. Existing Madeira Account holders - please email and one of the Madeira team will assist you. You may alter your password once into the system.
      2. New Madeira UK customers: WELCOME to commercial embroiderers! Follow steps for new account, which will be activated within one working day. If you are a consumer without an embroidery business, then please follow the links for details of where to purchase Madeira products.
    3. Please have your credit or debit card ready for use on our secure server. We accept all major credit and debit cards including AMEX.
    4. Carefully input your order using product codes if known, or select from the drop down menus.
    5. Your order immediately enters into the Madeira UK service centre system and will be processed and despatched on the same working day if before 3pm, otherwise on the following working day.
    6. Online orders will be despatched to UK mainland via DPD next working day service or Royal Mail postal service, deliveries to Northern Ireland, Ireland, Highlands & Islands and the Channel Islands via DPD 2-3 working day service, or Royal Mail postal service.
    7. Your invoice will be emailed to your specified accounts’ correspondence email address.
  2. Prices
    1. Prices quoted exclude VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
    2. The price quoted excludes delivery (unless otherwise stated).
    3. Rates of tax and duties on the goods will be those applying at the time of delivery.
    4. At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
    5. All prices quoted are wholesale, intended for commercial embroiderers.
  3. Delivery
    1. Goods are normally despatched from Madeira UK LLP, or alternatively from another approved source.
    2. All delivery times quoted are estimates only. Goods are despatched via the methods stated, using third parties over which Madeira has no jurisdiction.
    3. If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
      1. you may not cancel if we receive your notice after the goods have been despatched; and
      2. if you cancel the contract, you can have no further claim against us under that contract.
    4. If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
    5. We may decline to deliver if:
      1. We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
      2. the premises (or access to them) are unsuitable for the vehicle making the delivery.
  4. Risk
    1. The goods are at your risk from the time of delivery.
    2. Delivery takes place either:
      1. at our premises (if you are collecting them or arranging carriage); or
      2. at your premises or address specified by you (if we are arranging carriage or packaging).
    3. You must inspect the goods on delivery. If any goods or packaging are damaged or not delivered, you must write to tell us within three days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
  5. Online Payment terms
    1. You are to pay us by credit or debit card when placing the order online, prior to dispatch and delivery of goods, unless a special credit terms have been applied to your account, in which case an option to pay on account will be presented at checkout. Payment will be to Madeira UK LLP in GB pounds sterling if holding a Madeira sterling account, or in euros if holding a Madeira euro account.
  6. Warranties
    1. We warrant that the goods:
      1. comply with their description on our despatch notes and invoices; and
      2. are free from material defect at the time of delivery (as long as you comply with clause 3 below).
    2. We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
    3. If you believe that we have delivered goods that are defective in materials or workmanship, you must:
      1. inform us (in writing), with full details, as soon as possible; and
      2. allow us to investigate (we may need access to your premises and product samples).
    4. If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 3 above) in full, we will (at our option) replace the goods or refund the price.
    5. We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);
      1. direct financial loss, loss of profits or loss of use; and
      2. indirect or consequential loss
    6. Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £2,000,000.
    7. For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
    8. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
  7. Specification
    1. If we prepare the goods in accordance with your specifications or instructions you must ensure that:
      1. the specifications or instructions are accurate; goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
      2. your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
    2. We reserve the right;
      1. to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
      2. to make without notice any minor modifications in our specifications we think necessary or desirable.
    3. We strongly recommend you must not mix dye lots as shades may vary between dye lots.
    4. Our goods are manufactured in accordance with EN, DIN and/or ISO standards where stated and any tests must be made solely in accordance with these test standards, set out in the corresponding Technical Datasheets which can be provided upon request.
    5. Washing, ironing and dry-cleaning instructions are shown on all our thread shade cards.
  8. Return of goods
    1. We will accept the return of goods from you only:
      1. by prior arrangement (confirmed in writing) - please contact Customer Services for an authorised return number;
      2. within 30 days of invoice of goods;
      3. with an authorised return number clearly stated on the parcel;
      4. on payment of an agreed 15% handling charge (unless the goods were defective when delivered); and
      5. where the goods are as fit for sale on their return and in their original packaging, as they were on delivery.
  9. Export terms
    1. Clause 9 of these terms applies (except to the extent that it is inconsistent with any written agreement between us) where we supply the goods over an international border or overseas.
    2. The 'Incoterms' of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
    3. Unless otherwise agreed, the goods are supplied ex works.
    4. Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
    5. You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
    6. We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
  10. Waiver and variations
    1. Any waiver or variation of these terms is binding in honour only unless:
      1. made (or recorded) in writing;
      2. signed on behalf of each party; and
      3. expressly stating an intention to vary these terms.
    2. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
  11. Force majeure
    1. If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
    2. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
  12. General
    1. English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
    2. If you are more than one person, each of you has joint and several obligations under these terms.
    3. If any of these terms are unenforceable as drafted:
      1. it will not affect the enforceability of any other of these terms; and
      2. if it would be enforceable if amended, it will be treated as so amended.
    4. All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
    5. Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by email) the other's registered office or principal place of business. All such notices must be signed.
    6. No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
    7. The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
      1. contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
      2. which expressly state that you may rely on them when entering into the contract.