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98 Stroud Green Road, London N4 3EN
sales@lostinfabric.com (44)(0)20 8079 3031

Terms & Conditions

WEBSITE TERMS OF USE

Welcome to LostInFabric.com. By accessing and using our wholesale customisable clothing website, you agree to abide by the following Terms of Use. Please read these terms carefully before using our site. If you do not agree with any part of these terms, please refrain from using our website.

1. Your Personal Details

  • When you use our website, you agree to provide accurate and current information about yourself as required in our registration and order forms.
  • We handle your personal details in accordance with our Privacy Policy. Please review the Privacy Policy for more information.

2. Changes to These Terms

  • LostInFabric.com reserves the right to update or modify these Terms of Use at any time without prior notice.
  • It is your responsibility to check these terms periodically for changes.

3. Accessing the Site

  • Access to our website is granted on a temporary basis. We reserve the right to withdraw or amend access without notice.
  • We are not liable if the website is unavailable at any time or for any period.

4. Accuracy of the Information on the Site

  • While we strive to provide accurate information, we do not guarantee the accuracy, completeness, or timeliness of the content on our website.
  • Information may be subject to change without notice.

5. Computer Viruses

  • LostInFabric.com does not guarantee that our website will be secure or free from bugs or viruses.
  • Users are responsible for implementing sufficient procedures and virus checks to meet their specific requirements.

6. Your Right to Use the Site

  • You are granted a non-exclusive, non-transferable, revocable license to access and use our website for personal or commercial purposes, strictly in accordance with these Terms of Use.

7. Links to the Site

  • You may link to our homepage, provided it is done in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in a way that suggests any form of association, approval, or endorsement on our part where none exists.

8. What You Cannot Do with the Site

  • You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other harmful material.
  • Do not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site.

9. Intellectual Property Rights

  • LostInFabric.com and its licensors own all intellectual property rights in our site and its content.
  • You may print off one copy and download extracts for your personal use, but you must not modify the paper or digital copies of any materials you have printed or downloaded in any way.

10. Breach of These Terms

  • Failure to comply with these terms constitutes a material breach, and may result in our taking all or any of the following actions:
    • Immediate, temporary, or permanent withdrawal of your right to use our site.
    • Legal proceedings against you for reimbursement of all costs resulting from the breach.

11. General

  • These terms are governed by and construed in accordance with the laws of England and Wales.
  • Any disputes relating to these terms are subject to the exclusive jurisdiction of the courts in England and Wales.
  1. Information about us
  • This Site is operated by Lost In Group Ltd, a company registered in England and Wales with company number 15248610, whose registered office is at 98 Stroud Green Road, London, N4 3EN.

TERMS AND CONDITIONS

These terms and conditions (the "Terms") govern all wholesale transactions conducted through LostInFabric.com ("We," "Us," "Our") between any individual or organisation ("You," "Your"),for products (“Products”), and Lost in Group Ltd. Please carefully read and understand these Terms before engaging in any wholesale transactions with Us. By placing a wholesale order with Us, You agree to be bound by these Terms. If You do not accept the Terms, refrain from engaging in wholesale transactions with Us. We may modify these Terms, so please review them carefully each time You place a wholesale order.

1. Contract Formation

  • Order Placement:
    • Wholesale orders are placed through the LostinFabric.com website.
    • Your order is confirmed upon receipt of payment and order acknowledgment sent by Us.
    • Instalment orders may be accepted, forming separate contracts.
    • We reserve the right to decline or cancel orders at Our discretion.
  • Acceptance:
    • Your order acceptance is confirmed via a separate email or order confirmation on the Website.
    • The contract will be concluded in English.
    • Orders by telephone or email are considered offers and accepted via an Acceptance Email.

2. Personalization of Products

  • Artwork Submission:
    • Wholesale orders may include customisation; You are responsible for providing accurate Artwork.
    • You confirm the right to submit Artwork, ensuring it does not infringe others' rights, supports, promotes or assists violence or any unlawful act.
    • Grant Us a license to use, reproduce, and distribute the Artwork for contractual purposes.
    • We do not claim ownership of Artwork but retain the right to use it for order fulfilment.
    • We have the right to refuse Your order if We believe You have not adhered to above conditions.
    • We will endeavour to reproduce the colours of the Artwork with the print colours/embroidery colours on the Products as closely as possible. We will choose the closest colour match possible but We are unable to guarantee that the colours and positioning will be an exact reproduction of your design.

3. Delivery

  • Product Shipment:
    • Wholesale orders are shipped to the specified address provided during the ordering process.
    • Delivery times and shipping costs are communicated at the time of order placement.
    • We are not responsible for delays caused by third-party carriers.
    • Our objective is to deliver products within the estimated timeframes displayed on the website. However, the timing of delivery or performance is not considered crucial, and, all delivery dates provided on the website or in any correspondence are approximations. This implies that we are not accountable if products are delivered beyond those specified times, and we disclaim liability for any resulting delays. In the event that we are unable to meet the indicated delivery timeframe, we will make reasonable efforts to inform you and provide a revised delivery estimate. We strongly recommend placing product orders well in advance of the required date.
    • Please take care of the Products when You receive them. The Products will be at Your risk from the time of delivery.

4. International Delivery

  • Global Shipment:
    • International wholesale orders are subject to additional shipping fees and may incur import duties and taxes.
    • Check the total price, including delivery fees before placing an order.

5. Price

  • Pricing Structure:
    • Wholesale prices are specified on the Website at the time of order placement.
    • Prices may change, but orders already placed remain unaffected.
    • Prices are shown ex VAT.
    • All prices are in pounds sterling.
    • Payment is accepted only via bank transfer, with full payment required for order processing.
    • We offer an extensive range of products, and there is a possibility that some of our products may be inaccurately priced on our websites. In the event of discovering a pricing error for the products you have ordered, we will promptly notify you of the error and cancel your existing order. Should you wish to proceed with the purchase at the corrected price, we kindly request that you place a new order for the products. Please be aware that if the pricing error is evident and could reasonably have been identified by you as a mispricing, we are not obligated to supply the products to you at the incorrect (lower) price.

6. Discounts and Offers

  • Wholesale Discounts:
    • Wholesale discounts and offers are subject to availability and specified terms.
    • We reserve the right to amend or terminate wholesale offers in exceptional circumstances.

7. Cancellation

  • Order Cancellation:
    • Wholesale orders cannot be canceled once payment is received.
    • We may, at Our discretion, allow cancellations with associated fees.
    • Where You are a consumer and place an order for blank Products (i.e. Products that You choose not to personalise on LostinFabric.com), You have a legal right to cancel Your order without giving any reason at any point within 14 days of the day after You receive the Products.
    • To Cancel:
    1. You must let Us know that You wish to cancel by contacting Us to tell Us using any of Our contact details set out in these Terms. You should keep evidence of having given notice of cancellation, such as an e-mail receipt; and
    2. You must return any Products delivered to You to Us (at Your own risk and cost) within 14 days of notifying Us that You wish to cancel by sending them (by recorded delivery or courier) to: Returns Department, Lost In Fabric, 98 Stroud Green, London, N4 3EN, United Kingdom.
    • The Products must be returned unused with the original packaging.
    • Where You choose to cancel Your order under clause 7.2, We will ordinarily refund the full purchase price of the Products together with the standard delivery charge paid within 14 days of receiving the returned Products or proof of postage of the same. If You chose to pay extra for an express delivery, We will only refund the cost of standard delivery.
    • We may reduce the amount We refund to You if You use them, damage them, or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
    • We will not be obliged to give You a refund if We do not receive the cancelled goods back so We recommend that whenever You return a cancelled Product to Us, You do so either by recorded delivery or courier so that You have proof of posting.

8. Faulty Products

  • Quality Assurance:
    • We assure that the products we provide will substantially align with the primary characteristics outlined in their product description on our website, encompassing details such as brand, color, measurements, style, and material (referred to as the "Description"). It's important to note that the colors and appearances of products and artwork displayed on computer, tablet, or mobile device screens might exhibit slight variations and may not precisely represent the actual products or artwork upon delivery. Minor discrepancies in the color of products, including artwork, do not qualify as a significant deviation from the Description. Additionally, we recommend verifying your satisfaction with the measurements provided on the website for products before placing your order, considering variations in sizes between brands. Any issues related to the size of products will only be considered as a defect or fault if the products substantially differ from the sizes indicated in the Description.
    • If you find the quality of a product unsatisfactory, identify a fault, or perceive a material non-compliance with its description, kindly reach out to our customer services team by submitting an inquiry through the 'Contact Us' form on the website. Upon reviewing the product, if we acknowledge a default, fault, or substantial deviation from the description, we will either replace the product or provide a full refund, covering the product's purchase price, delivery charge, additional charges outlined in section 5, and your return costs. The right to a refund or replacement is contingent upon the defect or fault not being a result of regular wear and tear, deliberate or accidental damage, negligence on your part, and ensuring that the product has not been misused, altered, or repaired without our approval. Additionally, it is subject to you returning the product to us at the address specified in section 7 within a reasonable timeframe.
    • If, upon inspection, we determine that there is no defect, fault, or material deviation from the description, your right to a refund is constrained by your legal right to cancel, as outlined in section 7 (if applicable). We will notify you if this is the case, and you will either need to collect the product or bear the cost of redelivery.
    • Any refund or replacement in accordance with section 8 will be processed at the earliest opportunity and, in any event, within 30 days from your return of the product to us. When returning a product due to perceived faults, defects, or material non-compliance, we recommend using recorded delivery or courier services to ensure proof of posting, as we cannot be held responsible for any product lost or damaged during transit.

9. Our Liability

This section 9 is applicable exclusively to business customers. Nothing within these Terms shall restrict or exclude our liability for:

  1. Death or personal injury resulting from our negligence.
  2. Fraud or fraudulent misrepresentation.
  3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
  • Neither party (We or You) will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

Limitation of Liability:

Subject to Clause 9.1, we shall, under no circumstances, be liable to You—whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract—for:

  1. Any loss of profits, sales, business, or revenue.
  2. Loss or corruption of data, information, or software.
  3. Loss of business opportunity.
  4. Loss of anticipated savings.
  5. Loss of goodwill.
  6. Any indirect or consequential loss.
  • Furthermore, subject to section 9, our total liability to You concerning all losses arising under or in connection with the Contract—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—shall not exceed the total amount paid under the Contract.
  • Except as expressly stated in these Terms, we do not provide any representations, warranties, or undertakings related to the Products. Any implied or incorporated representation, condition, or warranty by statute, common law, or otherwise is excluded to the fullest extent permitted by law. Specifically, we are not responsible for ensuring that the Products are suitable for Your (or Your business's) purposes.
  • You acknowledge and agree that You shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
  • You undertake to fully indemnify us on demand against any claims, costs, losses (including loss of profit), and expenses (including legal fees) arising in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, resulting from Your breach of any obligations under the Contract.

10. Events Outside Our Control

  • Force Majeure:
    • We are not liable for delays or failures due to circumstances beyond Our control.
    • Right to cancel affected wholesale orders due to prolonged events outside Our control.
    • We shall not be held accountable to You for any delay or inability to fulfill Our contractual obligations in the event that such delay or failure arises from circumstances, acts, or events beyond Our reasonable control. Such circumstances include, but are not limited to, traffic, weather conditions, war, terrorism, riots, civil unrest, fire, flood, or other acts of nature, industrial action, strikes or lock-outs, and failure or delay in the supply of power, fuel, transport, equipment, or other goods or services for which a substitute is unavailable (referred to as an "Event Outside Of Our Control").
    • Should an Event Outside Of Our Control occur, impacting Our capacity to fulfill Contractual obligations, We shall promptly notify You, and the fulfillment of Our obligations under the Contract will be suspended. The timeframe for performance of Our obligations will be extended for the duration of the Event Outside Of Our Control.
    • In the event that an Event Outside Of Our Control persists for more than 30 days, You have the option to cancel the Contract concerning the affected Products. To initiate cancellation, please contact Us. If You choose to cancel, We will reimburse the price paid for the affected Products, inclusive of any delivery charges and other fees specified in section 5.

11. Variation

  • Terms at the Time of Order:
    • Terms at the time of order placement apply to the wholesale contract.

12. Other Important Terms

  • Contractual Transfer:
    • Rights and obligations under the Contract may be transferred with written agreement.
    • Contract solely between You and Us; no third-party rights.
    • Each clause operates independently; invalidity of one doesn't affect others.
    • Failure to enforce rights does not waive the right to enforce later.
    • Contracts (Rights of Third Parties) Act 1999 not applicable.

13. Information About Us

Lost in Group Ltd is an English company registered in England and Wales (company number: 15248610)

Lost In Fabric in the trading name for LostinFabric.com.

Address: Lost in Fabric, 98 Stroud Green Road, London, N4 3EN, United Kingdom.

Email: sales@lostinfabric.com