Terms of Service

01. About these terms

These Terms & Conditions apply to embroidery, digitisation, sampling, bespoke manufacturing and related goods or services supplied by Embroidery By Design Ltd (“EBD”, “we”, “us” or “our”). The customer is referred to as “you”.

They form part of our agreement when you accept a quotation, place an order, instruct us to begin work or approve artwork, provided the terms have been made available to you before the agreement is formed. Any separately agreed written terms take precedence to the extent of a conflict.

Where you purchase as a consumer, your statutory rights remain unaffected. Some provisions below apply only to business customers and are expressly identified as such.

02. Quotations and orders

Quotations are based on the information, artwork, dimensions, quantities, materials and specifications supplied at the time. Unless a quotation states otherwise, it is an invitation to place an order and does not guarantee production availability.

An order is accepted when we confirm acceptance in writing or begin work at your request. We may revise a quotation if the scope, artwork, quantities, materials or production requirements change. We will communicate any additional charges before carrying out chargeable additional work.

03. Artwork, logos and intellectual property

You authorise EBD to use, adapt and digitise supplied materials to the extent reasonably required to prepare samples and fulfil the agreed work. Supplying artwork does not transfer ownership of that artwork to EBD.

We may ask for evidence of permission, and we may decline or pause work if we reasonably suspect that the requested use would infringe another party's rights. We are not obliged to independently investigate ownership of every design submitted.

For business customers: You agree to indemnify EBD against reasonable losses, liabilities, damages and costs (including reasonable legal costs) arising from third-party intellectual property claims caused by artwork or instructions you supplied without the necessary rights, except to the extent caused by EBD's own unauthorised acts or breach.

For consumers: You remain responsible for ensuring that you have the necessary permissions, but nothing in this clause removes liability that the law places on EBD or overrides your statutory rights.

04. Digitisation, samples and approvals

Embroidery may require digitisation, technical adjustments and test stitching. Digitisation, sampling and set-up may be charged separately where stated in the quotation.

Where a proof, sample or specification is provided for approval, please check spelling, placement, dimensions, colours and other details carefully. Once approved, we may proceed with production on that basis. We will correct mistakes caused by our failure to follow an agreed approval, subject to your legal rights.

Unless otherwise agreed in writing, payment for digitisation or set-up does not automatically include delivery of editable machine files, source files or other production assets. Ownership and permitted reuse of such files can be agreed for individual projects.

05. Bespoke production and tolerances

Embroidery is a physical process. Minor variations in stitch appearance, thread shade, alignment, texture and dimensions can arise from fabric characteristics, production methods and batch differences. We aim to work to the agreed specification and reasonable industry tolerances.

Screen colours and digital previews may differ from finished embroidery. If an exact match, placement or tolerance is essential, tell us before ordering so that a suitable written specification or physical sample can be agreed.

Nothing in this section permits us to supply goods that fail to meet applicable legal standards or an expressly agreed specification.

06. Customer-supplied garments and materials

Where you supply fabric, garments or other items, please identify their composition, special handling requirements, replacement value and any known defects. Embroidery can involve needles, hoops, stabilisers, heat and other processes that may affect delicate or unsuitable materials.

We will take reasonable care of items entrusted to us. We are responsible for loss or damage caused by our failure to exercise reasonable care and skill. We are not responsible for pre-existing defects or damage arising solely from inaccurate material information or an inherent unsuitability that could not reasonably have been identified.

For high-value or irreplaceable items, please discuss sampling and risk arrangements with us before production.

07. Prices, VAT and payment

Prices, VAT treatment, deposits and payment dates will be set out in the quotation, invoice or written order confirmation. Where applicable, VAT will be added at the prevailing rate unless expressly included.

We may require a deposit or payment before commencing bespoke work. For business customers, overdue undisputed invoices may attract statutory interest and recovery costs where permitted by law and specified in the agreement.

Ownership of goods remains with EBD until payment has been received in full, to the extent permitted by law; risk of loss is dealt with under the delivery arrangements and applicable consumer law.

08. Changes and cancellations

Requests to change or cancel an order should be made as soon as possible. If work has already begun, we will explain any reasonable costs already incurred or unavoidable commitments before agreeing a change or cancellation.

For business orders, cancellation charges may reflect properly incurred design, digitisation, material, labour and other committed costs, as reasonably evidenced. For consumer orders, cancellation rights and any exceptions are governed by applicable law. Made-to-specification or clearly personalised goods may be exempt from the usual change-of-mind cancellation right, but this does not affect rights relating to faulty or misdescribed goods.

09. Production times, collection and delivery

Lead times are estimates unless a specific deadline is expressly agreed in writing. Timings may depend on receipt of deposits, usable artwork, approvals, materials and other customer information.

We will notify you if a material delay becomes apparent and discuss reasonable options. Delivery or collection charges and arrangements will be confirmed with your order. Consumer delivery and risk rights apply where relevant.

10. Problems, defects and remedies

If you believe an order is incorrect, damaged or defective, contact us promptly with the order details and photographs where practical. Please retain the items while we investigate.

We will assess the issue against the agreed specification and applicable law, and offer an appropriate remedy, which may include correction, repair, replacement, price reduction or refund depending on the circumstances and your legal rights.

Nothing in these terms limits statutory remedies available to consumers or other rights that cannot lawfully be excluded.

11. Liability

We do not exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

For business customers only: Subject to the preceding sentence, neither party is liable to the other for indirect or consequential losses or loss of anticipated profits arising from the agreement. EBD's aggregate liability for claims arising from a particular order will not exceed the amount paid or payable for that order, except where such a limit would be unlawful or unreasonable under applicable law.

For consumers, liability and remedies remain subject to applicable consumer protection legislation.

12. Events outside our reasonable control

We are not responsible for delays caused by events outside our reasonable control, such as major transport disruption, supplier failure, power outages or other exceptional events, provided we take reasonable steps to reduce the impact and keep you informed. This does not remove rights that cannot lawfully be excluded.

13. Photography, portfolio use and confidentiality

We may photograph work for internal quality control and production records. We will not knowingly publish identifiable client artwork, confidential designs or project details in marketing, social media or our portfolio without appropriate permission.

Both parties should treat information expressly identified as confidential, or reasonably understood to be confidential, with appropriate care, except where disclosure is required by law or necessary to perform the order.

14. Privacy and website information

We use contact and order information to respond to enquiries, administer projects, arrange delivery and meet legal obligations. Personal data is handled in accordance with applicable UK data protection law and our published privacy information.

Website images, examples and descriptions are illustrative unless expressly incorporated into an agreed order specification.

15. General legal provisions

If any provision is found unenforceable, the remaining provisions will continue to apply. A delay in enforcing a right does not necessarily waive that right.

We may update these website terms from time to time. The version applicable to an accepted order is the version provided or made available when that order was agreed, unless both parties agree otherwise.

These terms are governed by the law of England and Wales. Nothing in this clause deprives consumers of mandatory protections or jurisdiction rights that apply to them.

16. Questions or concerns?

If you would like clarification about an order, artwork permissions or these terms, please contact us before instructing production.