T&Cs
These terms and conditions form the basis on which you do business with us. Please read this important information carefully.
General terms and conditions - in summary
Quotes
When you contact us and ask for a quote we will respond by email and give you all the relevant information needed for you to make a decision on whether you'd like to accept our offer - whether it be for works to be carried out or for a product to be made.
We do not charge for quotes and there is no obligation to accept our quote.
Custom and generic flag making orders
On receipt of email confirmation that a quote is accepted, this will represent a binding contract. We will invoice you for payment by return and before production commences.
We make everything to order, so please bear this in mind when planning. Printed flags take 3-5 days for delivery from point of payment and stitched flags between 7 and 21 working days, also from the point of payment. We will always try and deliver to meet a deadline but please manage expectations.
Paying for your order
Terms are payment before shipment of goods (your request to raise an invoice for the goods is taken as confirmation that you wish to proceed with the order and that payment will be made within three days of the date of the invoice).
You should assume that all print orders will be put into production within a working day.
Please use the click to pay button at the top of the invoice we email to you by card (no paypal account required) or by bank transfer to the bank details give on the invoice.
Non payment of our invoice after reasonable requests and reminders will be referred to the Small Claims Court and the Court fees will be added to the amount owed to us and be subject to accrued interest as set by the Small Claims Court (currently at 8%, 2021).
In exceptional circumstances, at the discretion of the Company, extended terms of seven days may be given.
On rare occasions, 30 days or an agreement for payment of 50% up front and the balance on shipment is available.
We as the supplier set the terms, not the Client.
Payment for online orders through our ecommerce website is automatically taken at point of order which reserves product and arrives before cutting and manufacture commences.
Purchases paid for on-line are shipped within 7-14 working days after payment is received or sooner if possible.
Cancelling your order
In the case of a need to cancel an order, notification should be emailed within 24 hours of submission of order to enable cancellation and before payment has been made. If work has already begun on an order, then no monies will be refunded as we will need to cover the cost of admin, labour and cost of the product which we are unable to re-sell.
Returns, replacements and refunds
We very rarely get complaints or requests to return products for a refund but when we do, we're happy to consider all options. The most important thing to remember is that its not that there is a problem but how we deal with the problem.
If a customer asks to return a product then the first port of call is that they contact us, maintain civilities, do not threaten or act defensively which will help us work out the best way to proceed with matters.
In the first instance, a friendly email is appreciated, to which we will respond and suggest that the Terms and Conditions below are read and considered. We know of other small businesses who have received aggressive, defensive and nasty phone calls (usually eventually finding out that the customer had made a mistake and was attempting to transfer blame). This is particularly hard on small businesses who hand make products and don't produce to a mass manufactured spec which some customers seem to expect - rather than consider the work that has gone into the production of their purchase.. if this were to happen with us we make it policy to ask the caller to refer to these T&Cs, send the product back with a written explanation and a promise to take it from there. We prefer everything in writing.
If a product has been incorrectly ordered and shipped and a client requests that a replacement flag be made and shipped again we would expect the client to pay for the replacement flag and would refund the balance of the returned flag subject to its condition on receipt of said returned flag. If a replacement flag is urgently requested by the client to be made and shipped, we will under the terms set out on the invoice sent to the client (payment before production) ask our payment system to reuse the payment details supplied by the client with a cut off refund receipt and delivery date of between two and four weeks. If the returned flag is not received by us then the payment will be processed as it would be for a new order under those terms. If a client returns the goods for a full refund but there is no issue with the quality and manufacture of the product then the postage is not bound to be refunded to the client and neither is the full retail price of the product paid.
Please note that under the terms of our ecommerce security policy we do not at any point ever have full access to client payment details after the initial payment (used for the original order) which is automatically destroyed once processed.
Stock items
Stock items are international generic flags and should be returned within 14 days of shipment from us. Full refund of monies will only be paid for non-damaged and unused goods. Proof of postage will be required.
We reasonably request that goods are purchased through our website and from us in general on the accepted understanding that our products are made to order and supplied in good faith.
Custom orders - non stock items
Custom flags (non stock items) are made to order and do not include generic international flags.
Refusal to supply goods.
We have the right to refuse to make a flag on any grounds but specifically when we are:
- uncomfortable with the imagery
- unsure of its provenance
- politically incorrect
- defamatory
- inflammatory
- contentious (including religious)
- racist
- bigoted
- in a language we don't understand with an unclear motive
- is supplied from an unknown source.
We reserve the right to refuse to supply without reason.
It is the responsibility of the customer to check on the size of the flag they require, what production technique is used in the manufacture of the product (ie. traditional sewn or printed), the price they are paying for it and the postage amount charged (which is set by the courier not us). Shipping costs do not just cover the cost of sending the goods to the client by first class recorded, they cover the cost of the packaging, the information card and any storage bag which may be included in the shipment.
If a product is received unfinished or in a damaged state (not as a result of postage but as a result of us sending it out to a recipient in that condition) or does not match the description of the goods when purchased then of course we will accept the returns back and the return postage cost as well as the cost of the purchase and postage in the first instance will be fully refunded with no quibble. There is however a cut off time of two weeks for returns from the date of receipt and only in exceptional circumstances will we consider a refund for returns after this time frame.
We may on some occasions also offer to refund and replace as a gesture of good will.
We are not however obliged to accept returns of goods just because a customer receives it, doesn't like it, thought it would be something different to what was received and any number of possible reasons that might be considered a justification for sending the goods back for a refund. We are very clear when we quote to make flags and it is the customers responsibility to pick up on any errors before rather than after the product has been made.
In cases like this we will consider the manner in which we are contacted and make a best business practice decision on whether to offer a partial or total refund of the cost of the goods and/or postage, and whether to accept the return of the product at all. Really, if an order is placed for an item which is made to order, there is generally enough time for consideration and understanding of what is actually being purchased before checkout and these decision are always voluntary and would refer you to the section below on our approach to telephone calls.
We reasonably request that goods are purchased through our website and from us in general on the accepted understanding that our products are made to order and supplied in good faith.
If of course we are totally at fault and have sent you the wrong item, the wrong size of product or the wrong fitting and fixtures - please return it to us and we will alter it, replace it or refund it. No quibble.
In the event that a customer places repeated orders and then return goods to us for a refund, we will charge an administration fee of £50 which will be deducted from any monies to be refunded. We are not a catalogue or mail order business.
Refunds will be made by us to the customer via the same method that payment was originally received and 60 days of the date of receipt of goods or in the case where a refund is requested before goods shipped, 60 days from the date of order cancellation.
Shipping goods to you
Carriage costs are determined by the customer at point of sale and we are bound by the charges set by the courier and shipping companies.
For orders weighing less than one kilo, we usually ship via the post office by Recorded first class post, for orders weighing in total over one kilo we usually ship via land courier (UK orders only) which is more cost effective for everyone.
We offer the option for Special Delivery which should be requested specifically by the customer and be paid for in addition to postage costs as quoted.
We send everything by recorded post to avoid confusion on delivery - in the past unscrupulous customers claim that goods have not been delivered when they have in fact been delivered.
In the event there is a shortfall on shipping cost for an order, we will send an invoice or paypal balance request for the difference and goods will be shipped once these have been paid. If the goods are sent out urgently and paypal monies are payable, those charges will remain payable in full to complete the order.
We monitor quantities of stock (where relevant) in house which corresponds with goods in and out of our warehouse. Once the product has been purchased and carriage specified by the consumer, the product no longer remains the property of the Company and we are therefore not liable for the product. Please contact us for further clarification on this if required.
All goods are rigorously checked and quality tested before shipment.
The Company accept no liability for inappropriate use or loss in transit of their products. Product care instructions are included with each item, and should be followed closely.
Telephone calls
Please be aware that calls are frequently recorded for quality and training purposes. Abusive language, threats and calls are not acceptable.
This website is privately owned and licenced to The Flag Studio.
If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, please contact us on flagstudiodesign@gmail.com.
General terms and conditions - in summary
1. The contract between us, the Company and you, the consumer / client
We must receive payment of the whole of the price for the services that you order before your order can be accepted and processed. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to The Flag Studio. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
The services will be provided within an agreed timescale, and time is not of the essence of the contract.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
See section 13.4 below for more on ordering errors.
8. Price
The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.
10. Cancellation rights
10.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)
10.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
10.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
10.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
11. Cancellation by us
11.1 We reserve the right not to process your order if:
11.1.1 We have insufficient staff or resources to deliver the services you have ordered;
11.1.2 We do not provide services to your area; or
11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 28 days.
12. If there is a problem with the services
12.1 If you have any questions or complaints about the services please contact us. You can do so by emailing us on flagstudiodesign@gmail.com.
12.2 We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
13. Liability
13.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
13.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13.4 We do not accept responsibility for any listing information you may mis-interpret when ordering products from us. If you are unsure, please request clarification of your understanding of what a listing description entails / means as once we have manufactured the product for you it is too late to undo and you are bound by these terms and conditions to accept the product in the format described, made and delivered.
14. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to us on flagstudiodesign@gmail.com and all notices from us to you will be displayed on our website from time to time.
15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
17. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
19. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
PRIVACY STATEMENT
We at the Flag Studio are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
• To register you with our website and to administer it.
• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Cookies
We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site.
Security
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilfull default.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
General
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent by email to flagstudiodesign@gmail.com.