Terms & Conditions

These are the terms and conditions on which we supply products to you, whether these are goods or services.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us.

In some areas you will have different rights under these terms depending on whether you are a consumer or a business customer.

1.3.1 — If you are a consumer: You are an individual buying products wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.3.2 — If you are a business customer: You are buying, operating or registered as a business in any form. You are carrying on any trade, profession or occupation for the purpose of obtaining income on a continuing basis.

1.3.3 — If you are a business customer this is our entire agreement with you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty not set out in these terms.

We are BACOYO Limited, a company registered in England and Wales. Our company registration number is 09546369 and our registered office is at 61 Bridge Street, Kington, HR5 3DJ, United Kingdom.

You can contact us by telephoning our customer service team at +44 330 190 0074 or by writing to us through our Contact Us page.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

The words "writing" or "written" in these terms includes emails.

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or for circumstances outside of our control.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

We accept orders to destinations outside of the UK. All products are supplied on an Ex Works basis unless agreed otherwise in writing. It is your responsibility to ensure that you know about and pay any applicable taxes, customs or additional shipping charges if you are ordering products to a destination outside of the UK.

We aim to display accurate pictures of our products; however products may vary slightly from their pictures. The images on our website are for illustrative purposes only. Although we have made every effort to display colours, sizes, and positions of prints accurately, we cannot guarantee that a device's display accurately reflects the colours, size or position of the products.

We are always updating our product packaging and the packaging of the product you receive may vary from that shown in images on our website.

4.3.1 — If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. Please note that all measurements are provided as a guide and products may vary slightly depending on the supplier used.

4.3.2 — If you are ordering a standard size, it is your responsibility to ensure that you choose the correct size as once an order has been customised it will not be possible to change the size.

If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. Please note once printing for customisation has started it will not be possible for us to make changes.

• AViolates the intellectual property rights of any individuals.
• BEncourages hate, violence or abuse against individual groups based on gender, age, race, religion, ethnicity, national origin or disability.
• CShows any images of violence or abuse towards animals or people.
• DIncludes speech or symbols of hate (including but not limited to iron crosses, swastikas etc.).
• EUses explicit images of sex acts, or frontal nudity of a non-artistic or non health/medical nature.
• FPromotes the use of hard drugs.
• GPromotes, features or encourages underage drinking or drug taking by children.

• AInclude swear words, lewd language or vulgarity.
• BFeature implicit sex acts, non-frontal nudity, or other nudity of an artistic or health/medical nature.
• CHave an overtly sexually connotative or toned message.
• DInvolve violent terms or images not directed at individual groups (such as historical images of violence).
• EPromote, feature or encourage any sort of illegal activity.
• FMight cause public outrage or inspire violence due to a recent event.
• GInclude content that could be offensive to the BACOYO community.

We reserve the right to refuse to print designs we find offensive or inappropriate.

It is your responsibility to approve the Artwork within a reasonable timeframe before printing or embroidery begins.

We will not be held responsible if you do not approve the Artwork and we are subsequently unable to meet the delivery deadline.

Approvals sought by us via email will be sent to the email address provided during the order process. We shall have no liability for any losses arising from:

• AAny errors in email addresses provided by you.
• BEmails that appear in your junk folder rather than your inbox.
• CDelays arising as a result of the events in clauses 7.3(a) and 7.3(b).

We may need to make amendments to the Artwork to make it suitable for embroidery or to print onto garments. It is your responsibility to check the proof carefully to ensure you are happy with any amendments.

We accept no responsibility for any accidental loss or damage to Artwork supplied.

By emailing files to BACOYO and making a purchase you grant us a worldwide, perpetual, assignable, non-revocable licence to display the designs on our website and social media channels for the purpose of promoting our services.

We will always endeavour to supply the closest colour match to the Artwork supplied. We are however unable to guarantee an exact match due to the nature of the print and embroidery processes used. You will have no right to reject or return products on the basis of a slight colour variation.

The location of the designs on the customisation tool are for general guidance only. All designs are positioned onto garments by hand. You will have no right to reject or return products on the basis of incorrect positioning where the design placement materially conforms to the general position chosen.

It is your responsibility to supply Artwork of a high enough quality and resolution to enable us to produce a quality result. We recommend that all Artwork is at least 300 DPI (dots per inch).

Based on the makeup of your order, we will determine which print process to use when processing your order (i.e. DTG, DTG Hybrid, Screen Print or Vinyl Transfer). You will have no right to reject or return the products on the basis of the print production process used.

Any changes to an order which has already been placed may incur further costs.

The costs of delivery will be as displayed to you on our website or on any quote provided to you.

• AProducts delivered to some destinations may be subject to taxes, fees, levies or other charges imposed by local legislation. The recipient of the products is responsible for all customs formalities and will be required to pay any additional charges.
• BIf you are ordering products to be delivered to someone else, please make sure they are aware they will be responsible for any additional charges. We cannot predict what these may be.

During the order process we will let you know when we will provide the products to you.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our couriers will attempt to leave you a note informing you of how to rearrange delivery.

If, after a failed delivery, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs.

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

Title of a product which is goods is transferred to you once we have received payment in full.

We will need certain information from you so that we can supply the products, for example, the provision of Artwork. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work required.

• ATo deal with technical problems or make minor technical changes.
• BTo update the product to reflect changes in relevant laws and regulatory requirements.
• CIf outstanding payments are due (see clause 8.12).

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.

We may also suspend supply of the products if you do not pay. If you do not pay us when you are supposed to, we may suspend supply until you have paid the outstanding amounts. We will not charge you for the products during the period for which they are suspended. We can also charge you interest on overdue payments (see clause 16.6).

• AIf what you have bought is faulty or misdescribed you may have a legal right to end the contract — see clause 13 (consumer) or clause 14 (business).
• BIf you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2.
• CIf you are a consumer and have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period.
• DIn all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.6.

If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products not yet provided:

• AWe have told you about an error in the price or description and you do not wish to proceed.
• BThere is a risk that supply may be significantly delayed because of events outside our control.
• CYou have a legal right to end the contract because of something we have done wrong.

If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.

• AGoods that require an element of customisation, or goods where we have already commenced customisation.
• BServices, once these have been completed, even if the cancellation period is still running.
• CProducts sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
• DAny products which become mixed inseparably with other items after their delivery.

• AFor services: you have 7 days after the day we confirm we accept your order. Once we have completed the services you cannot change your mind, even if the period is still running.
• BFor goods (non-personalised): you have 14 days after the day you receive the goods.

Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation for the net costs we will incur as a result of your ending the contract.

To end the contract with us, please write to us through our Contact Us page, providing your name, home address, details of the order, your phone number and email address.

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

• AIf we are collecting the product from you, we will charge you the direct cost to us of collection.
• BIf you are posting to us, you are responsible for the cost of return.

If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price as described in clause 10.5.

If you are exercising your right to change your mind, we may reduce your refund to reflect any reduction in the value of the goods caused by your handling them in a way which would not be permitted in a shop. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

We will make any refunds due to you as soon as possible — typically within 14 days from the day on which we receive the product back from you.

• AYou do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you.
• BYou do not, within a reasonable time of us asking for it, provide information necessary for us to provide the products, such as Artwork.
• CYou do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

If we end the contract in the situations set out in clause 11.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

If you have any questions or complaints about the product, please contact us through our Contact Us page. We are committed to resolving any issues quickly and fairly.

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Summary of your key legal rights:

If you wish to exercise your legal rights to reject products you must either return them in person, post them back to us, or allow us to collect them from you. We will pay the costs of postage or collection.

If you are a business customer we warrant that on delivery, any products which are goods shall conform with their description.

Subject to clause 14.3, if you give us notice in writing within a reasonable time of discovery, we are given a reasonable opportunity of examining the product, and you return the product to us at our cost — we shall, at our option, repair or replace the defective product, or refund the price in full.

• AYou making further use of such product after giving notice.
• BThe defect arising because you failed to follow our instructions as to storage, installation, or maintenance.
• CThe defect arising as a result of us following any drawing, design or specification supplied by the Customer.
• DYou altering or repairing the product without our written consent.
• EThe defect arising as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Except as provided in clause 14, we shall have no liability to you in respect of a product's failure to comply with the warranty. These terms shall apply to any repaired or replacement products supplied by us.

• AWhere applicable, the Artwork supplied by you is your original work and has not been copied wholly or substantially from any other work, material or source.
• BYou are the sole legal and beneficial owner of the Artwork.
• CYou shall promptly notify us of any third-party right, interest or claim in respect of the Artwork as soon as you become aware of it.

You shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with:

• AAny breach of the IP warranty.
• BAny claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of the Artwork.

The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change takes effect.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. If the product's correct price is higher than the price stated to you, we will contact you for your instructions before we accept your order.

We accept payment with most commonly recognised credit cards and debit cards including Visa and Mastercard. We also accept payment by BACS for business customers.

• AFor consumer customers ordering goods online, you must make an advance payment at the point of order.
• BFor business customers for goods, you must pay upon us accepting and confirming your order unless alternative payment terms are agreed in writing.
• CFor services, you must make an advance payment before we start providing them. We will invoice you weekly in advance. You must pay each invoice within 14 calendar days.

If you are a business customer you must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

If you do not make any payment to us by the due date we may charge interest on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once resolved, we will charge interest on correctly invoiced sums from the original due date.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

Subject to clause 17.2, we accept no responsibility for damage to garments supplied by you.

If you are a consumer we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.

• ADeath or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
• BFraud or fraudulent misrepresentation.
• CBreach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
• DDefective products under the Consumer Protection Act 1987.

Except to the extent expressly stated in clause 14.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Subject to clause 18.1:

• AWe shall not be liable to you for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us (including but not limited to damage to garments supplied by you).
• BOur total liability to you for all other losses arising under or in connection with any contract between us shall be limited to the total sums paid by you for products under such contract, as at the date of a claim arising.

We will only use your personal information as set out in our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

We may transfer our rights and obligations under these terms to another organisation.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If any court or relevant authority decides that any of the paragraphs of these terms are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

If you are a business, any dispute or claim arising out of or in connection with a contract between us shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.