Last Updated Date: 03 / 08 / 2015
Customking.ie provides an online solution that facilitates individuals and groups in designing and ordering customised clothing (such solution referred to in these terms and conditions as the “Services”). The Services are accessible at www.customking.ie (the “Site”). Custom King shall provide the Services to the Designer (as defined below) to enable the Designer to upload its Content (as defined below) to the Site and thereby create an order. The Product (as defined below) may then be viewed and ordered by Users via the online platform (as defined below).
These terms and conditions (“Terms”) constitute a legal agreement (“Agreement”) between you, being a Designer, and Gilford Sports Enterprise Limited trading as Custom King, registered in Ireland under the company number 549785 (“Custom King”). Please read this agreement in its entirety before you continue to use this website. By using this website you agree to be bound by the Terms. If you do not agree, do not click the accept box during registration and discontinue using the site. Please print a copy of these Terms for your records.
In this Agreement the following words and expressions shall have the following meanings, unless the context otherwise requires:
Batch Shipping: delivery of the entire Group Order to the Publisher for onward distribution by the Publisher to individual buyers;
Buy Now Order: where a Designer creates a Product using the online designer platform, and can then can directly order and pay for the Product designed.
Content: means text, graphics, images, photographs, software, audio, video, information or other materials of whatever nature;
Closing Date: means the date by which a buyer can place an order on an Order Page for a Product published by a Publisher;
Custom King Content: means all Content that Custom King makes available through the Site or the Services, including any Content licensed from a third party, but excluding Designer Content;
Designer: the person creating a design and placing an Order, whether a Buy Now Order or a Group Order;
Designer Content: all data and/or Content uploaded by a Designer, including but not limited to photographs, artwork, logos and graphics;
Drop Shipping: where a Group Order is placed, delivery of the Product to each individual buyer;
Event Outside our Control: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Group Order: the target quantity of Products proposed to be purchased, as published by the Publisher on an Order Page;
Intellectual Property Rights: means all intellectual property rights, including patents, (including utility models and inventions), trade marks (including service marks, trade names and business names), design rights, copyright and related rights (including but not limited to rights in respect of software), internet designations (including domain names), moral rights and database rights, (whether or not any of these is registered and including any application for registration of any such rights), know-how, confidential information and trade secrets for the full term of such rights and including any extension to or renewal of the terms of such rights and all rights or forms of protection of a similar nature or having similar effect to any of these which may exist anywhere in the world;
Order: means a Group Order or a Buy Now Order;
Order Page: the dedicated web page created by the Publisher displaying the Product, and setting out the target quantity required in order for a Group Order to be created and Closing Date;
Order Page URL: the URL for the Order Page, distributed to potential buyers.
Order Success: means confirmation of a Group Order being placed as described in condition 3.3;
Production Quantity: the number of Products for a Group Order as at the closing date, being the final quantity of Products to go to production for that Group Order;
Products: the customised garments designed by the Designer and ordered from Custom King via the Site, and Product means any one of them;
Privacy Statement: the privacy statement as set out on the Site;
Publisher: a Designer who publishes a design on an Order Page for purchase by third parties;
User: any person who buys a Product or Products from Custom King via the Site;
User Terms: the terms of agreement between Custom King and the User;
Website Content: means Designer Content and Custom King Content;
Overview: Using the Site
The Site allows Designers to create and order customised clothing in two ways.
The Buy Now option allows a Designer to create a Product on the online designer platform and then proceed directly to order and pay for the Product in the quantity desired.
The Group Order option allows a Designer (Publisher) to publish a Product on an Order Page, and select a target quantity required in order for the Product to be made. The Publisher can then invite potential buyers to place an order. If the target quantity is met, the Order will be produced.
Publishers: Creating a Group Order
Step 1: Creating a design and Order Page
As a Publisher you can create an Order Page for the Product you design. The Product is designed to your specifications using the online designer platform on the Site. You will be required to choose a target quantity for the Product which constitutes the minimum order quantity, and a deadline date by which buyers can place an order (the “Closing Date”). A price per item will be generated by Custom King based on the target quantity selected. If you intend to use the Site for profit, you may set your price to be higher than the price per item that was generated. Use of the Site for profit is subject to the terms and conditions set out at clause 11 below.
Step 2: Publishing a Product
Once complete, you may publish your Order Page URL on the Site and distribute details of the Order Page URL to potential buyers. Once the Order Page URL has been published, you will receive a confirmation by email. Until the Closing Date, buyers may place orders for the Product on the Order Page by providing valid credit or debit card details.
Step 3: Confirmation of Group Order
If the target quantity for the Product is reached on or before midnight on the Closing Date, the Group Order is confirmed and we will notify you by email immediately (“Order Success”). If the target quantity has been reached before the Closing Date, orders may still be placed until that date. Credit and debit cards provided by Users placing orders will be debited at this time. If the target quantity for the Product is not reached by midnight on the Closing Date, the Group Order is not confirmed and the Product will not be produced. Users’ credit and debit cards will not be debited. Following Order Success, the Production Quantity will go to production.
Step 4: Delivery of Group Orders
Publishers may select one of two delivery options, Drop Shipping and Batch Shipping. Where Drop Shipping is selected, the cost of delivery to the individual buyer is levied as an add-on charge at the checkout on the Order Page. Where Batch Shipping is selected, the cost of delivery is included in the price per item. Batch Shipping is only available within Ireland. The Products will be dispatched to the delivery address (or addresses) provided with a scheduled arrival of 10 working days from the date of Order Success. Delivery to addresses outside of Ireland may take longer than 10 working days.
Custom King reserves the right to choose the most suitable printing technique for each Order, based on fabric type, order quantity and purpose of use.
We make every effort on the Site to display garment colours and sizes and appearance of print accurately. However we cannot guarantee that your computer’s display will reflect the colour or size of the garment or the appearance of the print with accuracy.
Exact print colours may vary from the sample image on a computer screen. If you require a specific colour, please email [email protected] specifying the correct Pantone reference.
The positioning of print on Products may vary slightly from the sample image on a computer screen. We use our best judgment in determining exact print size for logos and artwork. If you have specific requirements regarding print size and positioning, please submit the exact measurements and in an email to [email protected] While we cannot guarantee we will be able to meet your exact specifications we will make every effort to do so.
Artwork files and text that are uploaded to the online designer platform will be used by Custom King to produce the Order. If such files are of inadequate resolution, they will be re-created by Custom King as part of the pre-production process. If you require any specific iteration of the artwork files to be used, this must be stated clearly in an email to [email protected] While we cannot guarantee we will be able to meet your exact specifications we will make every effort to do so.
If a particular style, fabric or colour of garment is out of stock, Custom King reserves the right to substitute the Product ordered with one of a similar silhouette, fabric or colour (as applicable) unless you request otherwise by email to [email protected]
All Products sold via our Site come with a supplier’s guarantee.
Prices and payment
Prices for our Products may change from time to time, but any such changes will not affect any Group Order published on an Order Page.
Payment for Products is made on the dedicated order webpage using a credit or debit card. Users’ credit and debit card transactions are processed securely by Stripe and conducted through a Secure Socket Layer (SSL) encryption with Comodo SSL. Privacy and security of payment details is important to us and we refer you to our Privacy Statement in this regard.
Payment for the Products and all applicable delivery charges is in advance.
For Group Orders, no debit card or credit card of any User will be charged until Order Success.
Delivery; Transfer of title and risk
For Orders placed through the “Buy Now” option, the price of each Product does not include delivery charges. Our delivery charges are as advised to you before you confirm your Order.
For Group Orders, delivery charges will depend on whether Batch Shipping or Drop Shipping is as per condition 3.4 above.
The Products shall be delivered to the address specified with a scheduled arrival of 10 working days from a Buy Now Order being placed, or for a Group Order, 10 working days from Order Success. If Products are orders for delivery to an address outside of the EU, the order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Deliveries outside of Ireland may longer than 10 working days.
We aim to deliver the Products within 10 working days, however delivery may be affected by the manufacturers’ delay or by an Event Outside our Control. We will let you know as soon as possible if delivery will be delayed and inform you of the revised expected delivery date. If this revised delivery date is not acceptable to you, and the Product has not yet been manufactured, we will cancel the Order and refund all sums paid. If the revised agreed delivery date is not met (other than by reason of an Event Outside our Control), you may cancel the Order and all sums paid will be refunded.
Risk and title in the Products will transfer upon delivery, provided that payment has been received in full including all applicable delivery charges.
Amending an Order; Returning goods
Unless caused by a fault in the Site, Custom King disclaims all responsibility for the making by any User or Designer of an unintended selection on the Site.
Buy Now Orders
If you have placed a Buy Now Order and there is a clear defect in any Product delivered by us, or in its production (e.g. incorrect artwork or spelling mistake), such must be communicated in the first instance to [email protected] within 48 hours of receipt.
If you have placed a Buy Now Order and any Products delivered by us are faulty or mis-described, you may notify us by email to [email protected] within 7 days, and we will refund the price of the Products in full to you, together with any applicable delivery charges.
Any change to a draft Group Order must be requested via email to [email protected] before the Closing Date.
For Group Orders distributed by Batch Shipping, if a Publisher notes a defect prior to distribution of the Product to Users, such defect must be communicated within 48 hours of receipt. If Custom King determines there is no defect in the Product, the Designer is obliged to distribute the Product on to Users.
If a Group Order is placed and any Products delivered by us are faulty or mis-described, the User may notify us by email to [email protected] within 7 days, and we will refund the price of the Products in full to the User, together with any applicable delivery charges.
You are solely responsible for all Designer Content that you make available through the Site and Services. You hereby grant to Custom King a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Designer Content on, through or by means of the Site and Services. Custom King does not claim any ownership rights in any Designer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the designer Content. You represent and warrant that you either are the sole and exclusive owner of all Designer Content or you have all rights, licences, consents and releases that are necessary to grant to Custom King the licence in such Designer Content, as provided under these Terms.
You represent and warrant that the Designer Content and its dissemination will not infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In using the Site and the Services you agree to not upload, post or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, profane, hateful, or racially, ethnically, socially, politically, legally, morally or religiously objectionable, or otherwise objectionable or invasive of another person’s rights.
You acknowledge that Custom King does not pre-screen submitted Designer Content, but that Custom King shall have the right (but not the obligation) in its sole discretion to reject or remove any Designer Content that is available via the Site.
Upon placing any Order, you acknowledge that Custom King may review the Order and its Content, for adherence to our guidelines and compliance with these Terms. Without limiting the foregoing, Custom King shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Custom King. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Eligibility: The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older. We recommend that young people aged 13 years of age or older ask their parents or legal guardians for permission before using the Site.
Warranties, undertakings and compliance with laws
You covenant that you shall comply with all applicable laws in your use of the Site and the Services and dealings with Company, including but not limited to, laws relating to Intellectual Property Rights, privacy and data protection insofar as they relate to data relating to Users.
Subject to Clause 19 (Entire Agreement) of these Terms you covenant to comply with the User Terms (available on the home page of the Site).
Publishers: Use of Site for sale and profit
If using the Site as a Publisher, in order to receive proceeds of sale you must promptly respond to the Order Success email giving details of your preferred method of payment, which may be by way of electronic bank transfer or Paypal. Use of Paypal is subject to a processing fee in addition to the fee set out at 11.2 below.
Proceeds of sale will be transferred to you within 10 working days and are subject to a processing fee of 2.4% of the gross proceeds.
You acknowledge that it is your responsibility to report for taxation purposes any profits that may be made by you or on your behalf by using the Site.
Privacy and Data Protection: See Custom King’s Privacy Statement available on the home page of the Site and for information and notices concerning Custom King’s collection and use of your personal information. By accepting this Agreement you expressly consent to Custom King’s disclosure and use of your personal information as described in the Privacy Statement [Privacy link] which is incorporated herein by reference.
Your Personal Data: We will process any personal data you provide to us for the following purposes: (i) Contract Operation and Management; and (ii) Direct Marketing: we may from time to time inform you by telephone, letter, email or post of special offers, discounts, competitions and promotions and supply you with materials or other information that we think you may be interested in (including but not limited to joint promotional email campaigns with third parties). Such emails may include links to the websites of third parties, and in this regard we would refer you to the section headed 'Links' in the Privacy Statement. We will not make your personal information available to any third party and any promotional emails will always be sent by us. In accepting these Terms and signing up to the use of the Services you will be deemed to have consented to the use of your personal details for direct marketing purposes. If you do not wish to receive such communications you may opt out by selecting the “unsubscribe” option in our mailshots. Should you wish to opt out of receiving such communications at any future date, you may do so by sending an email to [email protected] even if you have previously consented to receiving direct marketing communications. However, we may continue to contact you with service-related announcements from time to time.
Modification: Custom King has the right to revise and amend or modify the Site, the Services and these Terms from time to time without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you will be deemed to have agreed to be bound by the modified Terms.
Ownership: All Intellectual Property Rights in the Site, the Services and Custom King Content are the exclusive property of Custom King. You will not remove, alter or obscure any Intellectual Property Rights incorporated in or accompanying the Site, the Services or Custom King Content. Subject to your compliance with the terms and conditions of these Terms, Custom King grants you a limited, non-exclusive, non-transferable licence to access and view any Custom King Content solely for the purpose of your use of the Service.
Disclaimer: The Site, the Services and Custom King Content are provided “as is”, without warranty of any kind from Custom King, either express or implied. Custom King makes no warranty regarding the Website Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Website Content obtained through the Site or regarding the Services. Custom King shall not be responsible for verifying any information uploaded to the Site by Designers or Users and Custom King makes no endorsement of said persons or information relating to them and disclaims all liability in this regard. The Site is a platform on which Designers may design customised clothing and either: (i) buy such clothing or (ii) publish a Group Order through which Users can order such items. Custom King is not a party to any agreement between Designers and Users and has no control over the conduct of said parties or over any agreements as between them, whether concluded via the Site or otherwise, and Custom King disclaims all liability in this regard.
Limitation of liability: Neither Custom King nor any other party involved in creating, producing or delivering the Site, the Services or Custom King Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Site, Services or Website Content, from any communications with other users of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Custom King has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Custom King’s aggregate liability arising out of or in connection with these Terms and your use of the Site and Services or from the use of or inability to use the Site, Services or Website Content and in connection with interactions with any Users or other Designers exceed €100.
Indemnification and Waiver of Claims:
You agree to hold harmless and indemnify Custom King and its subsidiaries, affiliates, officers, agents and employees, from and against any claim, liabilities, damages, losses and/or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Site and/or the Services, including without limitation in relation to the Designer Content, or arising out of or based on your violation of any of these Terms or of any rights of a third party.
Custom King reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against Custom King and its subsidiaries, affiliates, officers, agents and employees for losses and damages based on or relating to communications or materials made available on the site by persons other than Custom King.
Entire agreement: These Terms, the Site and the Privacy Statement constitute the entire and exclusive understanding and agreement between Custom King and you regarding the Site, Services, Website Content and any orders placed via the Site and/or using the Services, and these Terms and the Privacy Statement supersede and replace any and all prior oral or written understandings or agreements between Custom King and you regarding the placing of Orders, the Site, Services and Website Content. These Terms shall take precedence over any agreement or understanding that you may have with a third party (including a User) in connection with the Site, the Services, Website Content and any Orders placed via the Site and/or using the Services.
Law and jurisdiction: These Terms are governed by the laws of Ireland and any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Ireland.
Termination of this Agreement
This Agreement may be terminated forthwith by Custom King by notice in writing if you commit any breach of any term of these Terms.
In the event of any termination of this Agreement all licenses granted to you shall automatically terminate.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Custom King without restriction.
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