Read through our company Terms & Conditions

This page (together with our privacy policy) tells you information about Blu Banana Graphics Ltd (us/our/we) and the legal terms and conditions (“Terms”) on which we sell any of the goods (“Goods”) or services (“Services”) listed on our website (“our Site”) to you.

These terms will apply to any contract between us and you for the sale of Garments to you (“Contract”).  Please read these Terms carefully and make sure that you understand them, before ordering any Goods or Services through us.

By placing your Order, you agree to our Terms and our Privacy Policy.

You should print a copy of these Terms (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 7.  Every time you wish to order Goods, please check these Terms to ensure that you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1.         INFORMATION ABOUT US

1.1       We operate the website www.blubananagraphics.co.uk.  Our company name is Blu Banana Graphics Ltd, and we are a company registered in England and Wales under company number 10834426 with our registered office at Unit 4 Parkway Court, Glaisdale Parkway, Bilborough, Nottingham NG8 4GN.

1.2       To contact us, please see our contact us page.

2.         OUR GOODS

2.1       The images of the Goods on our site are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods or mirror the image or design on the Goods precisely.  Your Goods may therefore vary slightly from those images.

2.2       Although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our Site relate to the sizes detailed on our suppliers websites.  However, these can not always be precise and there may be a very slight discrepancy in the size of the Garments.

2.3       All Goods shown on our Site are subject to availability.  We will inform you by email as soon as possible if the Goods you have ordered are not available and we will not process your order if that is the case.

3.         USE OF OUR SITE

3.1       Your use of our Site is governed by our terms of website use.  Please take the time to read these, as they include important terms which apply to you.

4.         HOW WE USE YOUR PERSONAL INFORMATION

4.1       We only use your personal information in accordance with our privacy policy.  Please take the time to read these, as they include terms which apply to you.

5.         HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1       To place an order with Blu Banana Graphics Ltd, please use our Contacts Page, Email us or Telephone us.

5.2       After you place an order, you will receive an email from us acknowledging that we have received your order and asking for relevant details.  Please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 5.4.

5.3       Once the order is paid for we cannot accept any amendments to garment styles, sizes or colours within the order. Any post-payment order amendments may be subject to charges, such as covering the cost of re-stocking fees with our suppliers or order cancellation charges for any work already undertaken.

5.4       We will confirm our acceptance to you by sending you an email that confirms your ‘design work is in progress’.  The Contract between us will only be formed when we begin this work. The stock is then ordered in especially for the order, simultaneously.

5.5       Initial design service and up to two minor design changes thereafter are included free of charge as part of our service to you. We reserve the right to charge for design changes beyond this.

5.6       If we are unable to supply you with a Garment, for example because that Garment is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 10, we will inform you of this by email and we will not process your order.  If you have already paid for the Garment/s, we will refund you the full amount as soon as possible.

6.         OUR RIGHT TO VARY THESE TERMS

6.1       We may revise these Terms from time to time in the following circumstances

            a)    Changes in how we accept payment from you;

            b)    Changes in relevant laws and regulatory requirements.

6.2       Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.

6.3       Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these terms have been amended and the relevant date at the top of this page.

7.         YOUR RIGHT OF RETURN AND REFUND

7.1       You have a legal right to cancel a Contract made with us during the period set out below in clause 7.3.  This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Garment, you can notify us of your decision to cancel the Contract and receive a refund.  Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards Office.  Please note that this right does not apply to any personalised or bespoke products.  In this regard we refer you to clause 7.2 below.

7.2       The cancellation right referred to in clause 7.1 does not apply in the case of:

            a)    any made to measure Garment;

            b)    any custom made Garment;

            c)    any Garment made to your specification;

            d)    any Garment which is personalised with any badge, crest, name, logo, or wording.

7.3       Your legal right to cancel a contract under clause 7.1 starts from the date of Despatch Confirmation, which is when the Contract between us is formed.  If the Garments have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you received the Garments.  Working days means that Saturdays, Sundays, or Bank Holdings are not including in this period.

7.4       In order to cancel a Contract, please contact us in writing to tell us by sending us an email or by sending a letter by First Class post to Blu Banana Graphics Ltd, Unit 4 Parkway Court, Glaisdale Parkway, Bilborough, Nottingham NG8 4GN.  When sending the notice of cancellation you must ensure that you quote any reference that has been given to you in the email confirmation or Despatch Confirmation.  You may wish to keep a copy of your cancellation notification for your own records.  If you send us your cancellation notice by email or by post then your cancellation is effective from the date that you sent us the email or posted the letter to us.

7.5       You will receive a full refund of the price you paid for the Goods you paid us for.  We will refund the process to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4.  If you return Goods to us because they are faulty or mis-described, please see clause 7.6.

7.6       If you have returned any Goods to us under this clause 7 because they are faulty or mis-described, we will refund the price of the defective Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us.

7.7       Any refund given to you will be made on the credit card or debit card used by you to pay us; in cash if you paid in cash; or via BACS if you paid via BACS.

7.8       If the Goods were delivered to you then:

            a)    you must return the Goods to us as soon as reasonably practicable;

            b)    unless the Goods are faulty or not as described (in this case, see clause 7.6) then you will be responsible for the costs of returning the Goods to us;

            c)    you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods whilst they are in your possession.  We therefore recommend that you take care when opening any packaging and viewing or trying on any Garment.  You may wish to re-use the packaging if you decide to cancel your Contract.

7.9     If you are a consumer, you will always have legal rights in relation to Goods that are faulty or not as described.  These legal rights are not affected by the returns policy in this clause 8 or these Terms.  Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.

9.         INTERNATIONAL DELIVERY

9.1       If you have placed an Order to deliver to a country outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges, cannot predict the amount, and that they are solely your responsibility.

9.2       You must comply with all and any laws in the country in which the Goods are used.

10.       PRICE OF GOODS AND DELIVERY CHARGES

10.1     We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the Site or given to you.  However, if we discover an error in the price of any Goods you order, see clause 10.5 for what happens in this event.

10.2     Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with a Despatch Confirmation.

10.3     The price of a Garment excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.  VAT (if appropriate) will be added at the time you confirm your order and payment is to be made.  VAT is not charged on clothing for children.

10.4     The Price of Goods does not include delivery charges.  Our delivery charges are set out in your quote.

11.       HOW TO PAY

You may pay for Goods or Services using (i) Cash; (ii) Cheque; (iii) Credit or Debit card; (iv) BACS

12.       LIABILITY

12.1     If we fail to comply with these Terms, we are responsible for loss or damage you suffered that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time that we entered into the Contract.

12.2     We do not in any way exclude or limit our liability for:

            a)    death or personal injury caused by our negligence;

            b)    fraud or fraudulent misrepresentation;

            c)    any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 relating to title and quiet possession;

            d)    any breach of the terms implied by Section 13 to 15 of the Sale of Goods Act 1979 relating to description, satisfactory quality, fitness for purpose, and samples;

            e)    defective products under the Consumer Protection Act 1987.

13.       EVENTS OUTSIDE OUR CONTROL

13.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.  An Event Outside Our Control is defined below in clause 13.2.

13.2     An Event Outside Our Control means any act or event beyond our reasonable control including, without limitation, loss or delay caused by the postal system or the delivery carrier, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war 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.

13.3     If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

            a)    we will contact you as soon as reasonably possible to notify you; and

            b)    our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.       COMMUNICATIONS BETWEEN US

14.1     When we refer in these Terms to “in writing” this will include email.

14.2     In order to cancel a Contract in accordance with your legal right to do so as set out in clause 7 then you must contact us in writing by sending an email to sales@blubananagraphics.co.uk or by sending a letter to Blu Banana Graphics Ltd, Unit 4 Parkway Court, Glaisdale Parkway, Bilborough, Nottingham NG8 4GN.  You must quote any reference or order stated in your email confirmation of acceptance and/or Despatch Confirmation.

14.3     If you wish to contact us in writing for any other reason, you can send this to us by email or to Blu Banana Graphics Ltd, Unit 4 Parkway Court, Glaisdale Parkway, Bilborough, Nottingham NG8 4GN.

14.4     If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provided to us in your order.

15.       OTHER IMPORTANT TERMS

15.1     We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or obligations under these Terms.

15.2     You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.

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

15.4     Each of the paragraphs of these terms operates separately.  If any Court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5     If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we automatically waive any later default by you.

15.6     Please note that these Terms are governed by English law.  This means a Contract for the purchase of Goods & Services with us and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree that the Courts of England and Wales will have non exclusive jurisdiction.  However, if you are resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.