Terms & Conditions
Magic Textiles Limited
Company Registration Number: 06562575
Version: 4
Date: 30/10/2023
Registered Office Address
Unit 1a Churnet Works, James Brindley Road, Leek, Staffordshire, ST13 8YH
Introduction
This website is administered by Magic Textiles Limited (“we,” “our,” or “Magic Textiles”). These Terms and Conditions (“Terms”) govern your access and usage of this website (“Website”) and all services offered through it (“Services”). By using this Website, you (“User”) accept these Terms in their entirety. Any additional rules, policies, or guidelines published on this Website, including but not limited to Shipping Policy, Returns Policy, and Privacy Policy, are incorporated into these Terms.
If you disagree with any part of these Terms, you must not use this Website. Please read these Terms carefully before using the services of Magic Textiles Limited. By registering an account with us, you enter into a contractual relationship under these Terms. Registered users establish an “Account,” while wholesale accounts are classified as “business” rather than “consumer.”
Visitors who do not register but use the Website are also bound by these Terms. We may amend these Terms
Fabric Terms and Conditions:
- Please note there may be an element of flecking within the fabric, this is due to the nature of the fabric and out of our control. It is especially prominent on areas of solid block colour. Please also note there may be shade variations to previous orders, this is due to batch to batch variations across rolls and again is very much out of our control
- Please note when ordered natural Panama, the base shade of the fabric can vary order to order as natural Panama is an untreated fabric. If you require a more consistent base shade colour, we recommend bleached as this is a treated cloth. You may experience flecking issues , especially on areas of block solid colour and darker colour.
- Please note there could be slight weight variation between batches of orders. We order all of our fabric from the same supplier, and sometimes there can be slight variations which are out of our control. Please note we carry our regular weight checks, and any variation is within commercial tolerance.
- Please note when printing on linen fabric, we do not recommend printing block solid colour, if you choose to, you should expect to see flecks in the fabric.
- Please note that the inks used are not UV light resistant. This means if you are going to put the fabric/ product in direct sunlight for periods of time, the colours will fade. This is for all cotton, viscose, linen and polyester products (reactive printing and sublimation printing) Only the wallpaper is UV light resistant.
Sampling:
- Please note we highly recommend sampling first, if you choose to and something doesn’t turn out as you had imagined, we cannot be held liable as we always recommend this first. In terms of colour, design placement, size and quality.
- Please note that colours on screen will vary to colours of the final print, as various things can affect the physical colour such as the inks we use, the base shade of the fabric and also colours may be out of the printers achievable gamut, meaning the only accurate way to see colours of a file is to see a physical print on the chosen fabric. Please note that colours can vary from batch to batch and can change over time so if you have not ordered a design for a long period of time then we would recommend resampling. If colours do not turn out exactly as you have imagined without a sample order then we cannot be held liable.
Product Tolerances:
- Please note we have a 5- 10% tolerance on ordered quantities. This means you may be 5-10% over or under on the amount ordered, we do however only bill for the quantity you have received. The reason for this is because our production is a 6 step process: Print, Steam, Wash, Cut, Sew and Trim. We tend to print some extra to account if there are any problems along the way. If we have a shortfall and do not meet the amount you have ordered, we will only bill for the amount you have received, we have a tolerance of 5-10% of this before we are required to re print.
Printing:
- Please note that colours on screen will vary to colours of the final print, as various things can affect the physical colour such as the inks we use, the base shade of the fabric and also colours may be out of the printers achievable gamut, meaning the only accurate way to see colours of a file is to see a physical print on the chosen fabric. Please note that colours can vary from batch to batch and can change over time so if you have not ordered a design for a long period of time then we would recommend resampling. If colours do not turn out exactly as you have imagined without a sample order then we cannot be held liable.
- Please note there can shrink and stretch within prints, this is out of our control and comes hand in hand with printing on naturally formed cotton. You can also expect to see this to an extent on polyester fabrics too.
- Please note that when printing, especially on cotton, the print may not be perfectly perpendicular and parallel, this is out of our control. An example of this may be when we sew the corners of a tea towel, they may not perfectly line up when the product is folded in half
- Please note if you print using customer supplied fabric, the responsibilty of the fabric lies with the customer. We can advise suitabilities, but ultimately, if something does not work out with the fabric the customer has supplied, we cannot be held liable.
Artwork:
- We are of the understanding that when artwork is provided to us, the customer owns the rights to the artwork. We print what is provided to us, and have no prior understanding of if the customer owns the rights of the artwork or not, when customers place an order and submit the artwork, this is of the understanding they own the rights to the file.
- Under no circumstances should users upload files that contain pornographic, offensive/ abusive files. Magic Textiles has the right to refuse to produce an order if they feel as if any artwork files contain these things. If something is printed that is deemed pornographic, offensive/ abusive, the responsibility lies with the customer and not Magic Textiles.
This Website enables you to:
- Upload digital designs or images for processing;
- Place orders for products featuring uploaded or transferred images.
- You must be at least 16 years old to agree to these Terms and use this Website and its Services.
Amendments
Magic Textiles reserves the right to revise these Terms, including any fees or other terms, at our discretion. You are responsible for regularly reviewing any modifications. Continued use of the Services after any changes signifies your acceptance of the new Terms. Any changes are effective immediately upon posting to the Website.
Ordering Conditions
Content Submission
You may upload or send us digital designs, images, or other content (“Content”). You affirm that you have the legal right or permission to use the Content. Intellectual property rights remain with you, but you grant Magic Textiles the right to use it for providing Services. We may, for service provision or as allowed by these Terms, display, modify, or remove any Content.
Quality and Backup
You acknowledge that enlarging designs or images may result in loss of quality and that colour variations might occur. You are responsible for maintaining backups of all submitted Content. We are not liable for the loss or corruption of your Content.
For trade orders, we do tend to save a copy of the artwork on our server so that orders can be sent to print quickly. However we do have regualr file clean outs, so ensure you save a copy of your own artwork, we do not own the rights to customer files.
Restrictions
Content must not violate any laws or third-party rights, including but not limited to copyrights and trademarks. You may not submit Content that is pornographic, discriminatory, or otherwise objectionable as outlined in these Terms.
Order Confirmation
You are responsible for ensuring all details provided during checkout are accurate. Orders are considered accepted only upon our confirmation. We reserve the right to refuse any order at our discretion.
Pricing
All prices are set and displayed on the Website, with shipping costs indicated separately. Prices and fees may change, and such changes will be reflected on the Website.
Image and Design Adjustments
Magic Textiles Limited may, at its discretion, make minor alterations to images or designs to improve the end product, we would not carry out any adjustments until contacting the customer first. Please understand that this service is not obligatory, but is intended to enhance the quality of the finished item. We might reach out to you via email or phone to discuss or confirm your designs before manufacturing begins. A delay in response to our queries could result in a delay in fulfilling your order.
Manufacturing Lead time
- Estimated timelines for production are provided as a general guide and do not guarantee delivery by a fixed date. While all sizes are expected to be accurate, minor discrepancies may occur due to the handmade nature of customised products.
- We may occasionally substitute materials or adjust the design of the product, at our sole discretion, to accommodate production necessities, including supply shortages.
- Retail order lead time, 3 – 5 working days
- Trade samples, 10 working days
- Trade bulk orders, 4 weeks
- Wallpaper/ gift wrap, 2 weeks
- The lead time does not include shipping time
Product Representation
While promotional images of our products are representative, they may not be identical to the final product due to ongoing improvements.
Delivery
For comprehensive details, please refer to our delivery information page. We make no guarantees regarding specific delivery dates but will strive to meet any indicated timelines. We only ship to mainland UK. For overseas shipping, please get in touch with us directly.
Customs and Duties
For deliveries outside the EU, the recipient may incur local customs and duty charges. These charges are not within our control and will be the recipient’s responsibility.
Returns and Faults
According to English law, customised or personalised items are non-returnable. Should there be a manufacturing defect, it will be either repaired or replaced free of charge, as determined by us. Please contact us directly if you feel as if you have a faulty product. Please also refer to our terms and conditions that base shade variation of cloth can create colour variation overall, there is nothing we can do regarding this and we would not deem this a faulty product.
Business to Business Orders
Orders placed through wholesale accounts are considered Business to Business transactions and are not covered under consumer rights laws. Complaints must be reported within 14 days of receipt.
Termination Rights
Magic Textiles Limited reserves the right to terminate any order without notice at its sole discretion. A refund will be provided in such circumstances.
Indemnification
You agree to safeguard and hold harmless Magic Textiles Limited, its directors, employees, agents, partners, and affiliates, from and against any third-party claims, liabilities, damages, or costs (including reasonable legal fees) that arise from your breach of this agreement or your violation of any law or the rights of a third party.
Governing Law and Dispute Resolution
In the event of a dispute, we advocate for an initial dialogue aimed at swift resolution. Should this fail, we will proceed with arbitration or alternative dispute resolution mechanisms. If such methods are unsuccessful within a reasonable timeframe, this agreement and any transactions under it will be governed by English law. Both parties submit to the exclusive jurisdiction of the English courts for any disputes that arise from these terms or the provision of goods and services by us.
General Terms
This agreement does not establish an agency, joint venture, employer-employee relationship, franchise, or legal partnership between the parties. Magic Textiles Limited reserves the right to assign or transfer this agreement at any time.
Termination Rights
Magic Textiles Limited may cease its services or terminate this agreement at its sole discretion. You acknowledge that Magic Textiles Limited shall not be liable for any pending orders, prior investments (such as public relations activities or photoshoots), or brand recognition up to the point of termination. At our sole discretion, we may offer final remedies as a gesture of goodwill.