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Terms and Conditions

 

Definition

In the terms and conditions of sale set out below, TRIUMPH SPORTSWEAR DESIGN STUDIO PVT. LTD. and all of its subsidiaries are referred to as the “Triumph Sportswear”. The “Purchaser” is the person, firm or Triumph Sportswear to whom the quotation is addressed or by and on behalf of whom the order is placed.

‘Stock Items’ refers to plain stock items with no personalization, ‘Customized items’ refers to plain stock items that are personalized for the Purchaser, and ‘Bespoke items’ refers to unique design items that are made to order specifically for the Purchaser.

Target delivery date refers to the estimated delivery date at the point of sale and is not a guaranteed delivery date.

About Quotation

The Triumph Sportswear reserves the right to refuse the Purchaser’s acceptance of a quotation unless such quotation is stated to be open for a specific period and is not withdrawn in such period. No binding contract shall be created by the acceptance by the Purchaser of the Triumph Sportswear’s quotation until notice of acceptance of the order has been given in writing, which shall have been signed by the Triumph Sportswear’s duly authorized representative, or the Triumph Sportswear has indicated its acceptance of the offer by making delivery or part delivery of the goods and payment has been received. In the event that no quotation is given by the Triumph Sportswear and it has received an order from the Purchaser, all deliveries are made subject to these General Conditions of Sale.

Prices

(i) Only if mentioned in contract otherwise, price lists may be altered without notice and goods are invoiced at prices in force on the day of dispatch. In the case of goods and services, which are the subject of a written quotation, the validity of prices are as detailed in that quotation.

(ii) Variations – In the event of variations or suspensions of the work by the Purchaser’s instructions or lack of instructions, the contract price shall be adjusted to reflect costs involved. Where a price per unit has been quoted and the Purchaser requires a smaller number of units to be delivered than those quoted for, the Triumph Sportswear reserves the right to adjust the rates of prices applicable thereto.

Product Presentation

Product details and specifications within published literature of any form should be considered as an initial guide, the Triumph Sportswear reserves the right to make changes to products that are not subject to existing contract award without prior consultation.

(i) Some of the items which the Triumph Sportswear offers for sale are fashion items and may not be suitable for all sports or other activities. The Purchaser should therefore be satisfied that the items are suitable for the type of sports activity that they wish to use them for prior to ordering.

Samples

All sample orders are chargeable at full MRP and are required to be paid in full at the time of ordering. Not all sample orders are returnable; however, where the sample order has been agreed as returnable, these products must be received by the Triumph Sportswear no later than 28 days from date of dispatch. Upon receipt of the returned sample products, a credit note or refund will be issued within 15 days. Returned sample orders should be sent via courier or registered post. If the goods fail to arrive at the Triumph Sportswear you will not be eligible for a credit note or refund. The Triumph Sportswear cannot be held responsible for goods lost or damaged in the post. Goods returned after the sample return period has expired will not be eligible for a credit note or refund and the sample order will be returned to the Purchaser at the Purchasers own cost.

Production

(i) The Item supplied to the Purchaser shall comply with the Agreed Specification of product code stated in the Order.

(ii) The Triumph Sportswear shall be entitled to approach the Purchaser to propose modifications to the Item subsequent to the date of the Order.

(iii) The Triumph Sportswear shall, subject to separate commercial agreement, implement all mutually Agreed Modifications to the Specification.

(iv) The job sheet and logo worksheet, once confirmed, is a binding contract between the Purchaser and the Triumph Sportswear. Once approved by the Purchaser in writing, changes will not be accepted to either document. It is the Purchasers responsibility to check the sales prices detailed on the job sheets prior to order confirmation. The Triumph Sportswear will not adjust sales prices post order confirmation.

(v) Any and all logo approvals are the sole responsibility of the Purchaser. Once approved no changes will be made.

(vi) For customized and bespoke items, the Purchaser may be asked to approve a sample logo or sublimation design whilst the order is in production. Any delay in approval from the Purchaser may result in a delay in the production of the garments. The Triumph Sportswear shall not be responsible for any such delay.

(vii) Colors and designs are for visual guidance only. Logos are not shown to scale. Swatch samples may be available upon request. Bespoke and stock samples may be provided upon request are chargeable

Order Schedule

(i) A schedule order (i.e. an order calling for delivery spread over a specified period) shall constitute unqualified authority for manufacture and shall define the Purchaser’s liability.

(ii) Where the contract is to be or may be fulfilled in separate installments, deliveries or parts, payments for each installment, delivery or part shall be made as if the same constituted a separate contract.

Cancellation

If the Purchaser cancels the order or any part thereof, or fails to take delivery of any goods at the time agreed, should such cancellation or failure cause disruption to the Triumph Sportswear ‘s production, the Purchaser shall be liable, without prejudice to any other rights of the Triumph Sportswear to claim damages, to indemnify the Triumph Sportswear against any loss, damage or expense incurred by the Triumph Sportswear in connection with the manufacture or non-manufacture of the goods, the cost of any material or tools used or intended to be used thereof and the cost of labor and other overheads. The Triumph Sportswear reserves the right, in addition, to impose a cancellation / restocking fee of 50% of the full order value.

For stock items only, the Purchaser has a legal right to cancel the contract without giving any reason within 14 days of the day after you received the goods. This is the “Cancellation Period”. The Purchaser can cancel by sending the Triumph Sportswear the cancellation form provided or by letting us know in any other way by post to 22 B, 2nd Floor Titanium Building Near Safal Profitaire Corporate Road Prahladnagar, Ahmedabad – 380015 India, by email at cc@triumph-sports.com or over the phone on 91-79-66611602. The Purchaser should keep evidence of having given notice of cancellation, such as an email receipt or fax confirmation report.

Delivery

(i) The target delivery date is an estimated delivery date at the point of sale and the Triumph Sportswear shall endeavor to meet this. The, lack of raw materials, late or disadvantageous delivery of goods, conditions that constitute “Force Majeure” meaning an excusable delay, unforeseen circumstances proved to be beyond the reasonable control and without the fault or negligence of the Purchaser or the Triumph Sportswear including but not limited to acts of God, natural disasters, fire, flood, explosions, earthquakes, accident, civil unrest, any act of the Government of the Purchaser or the Supplier, war, insurrection, embargo, actions of the other party, riots, or strikes affecting the Purchaser, the Supplier or the Customer. The parties non-compliance with any rule, regulation or government agency shall not constitute Excusable Delay, or the failure of the Purchaser to furnish necessary information or instructions for any reason whatsoever, release us from the agreed delivery dates, and if necessary, from the contracted responsibility for delivery.

(ii) Claims for damages or any consequential loss on account of late or incomplete delivery cannot be considered valid.

(iii) Should there be a default in payment by the due date in the case of a contract or order which involves more than one delivery, the Triumph Sportswear reserves the right to suspend or cancel all or part of that contract on order.

(iv) Where bespoke garments are to be manufactured in accordance with the Purchaser’s requirements, the quoted lead-time shall commence from receipt of written confirmation of actual requirements and valid payment as set out on the email confirmation and job sheet that is issued. A copy of the email confirmation and job sheet are also available on request.

(v) If goods are out of stock, the Triumph Sportswear will notify the Purchaser via email as soon as possible and by no later than 30 days from the due delivery date and advise if alternatives are available. The Triumph Sportswear will aim to replenish stock levels as soon as possible, although are not be obliged to do so. If the Purchaser orders more than one product, the Triumph Sportswear does not guarantee that all goods will be delivered in a single delivery and we reserve the right to deliver in installments.

(vi) Unless contractually agreed, any orders that are required for delivery outside of the standard 4 week lead time will be subject to a premium charges. If you want delivery on 3rd day after order placing it will charge 50% on MRP, on 7th day it will be 20% on MRP as well as the standard delivery charge. On applicable orders, the uplift will be shown as a separate charge on the job sheet or, for online orders, added at the checkout stage. Note that the freight method cannot be amended after order submission.

Note:- Kindly note that all above mentioned days are production deadlines, shipping days are not counted in this days

Damage in Transit or Non Delivery

(i) A complaint must be made in writing within 3 working days of receipt of goods if they have been damaged in transit. On receipt of an externally damaged delivery, a claim for damages must be submitted accompanied by an official report from the carrier. In cases of non-delivery of goods, a complaint must be made in writing within 5 days of dispatch (within India).

(ii) The risk in the goods shall pass to the Purchaser at the point of delivery as specified in these Conditions or as otherwise agreed and the Triumph Sportswear shall have no responsibility for the safety of the goods thereafter.

Return Policy

Under no circumstances may goods, supplied against a firm order, be returned without the Purchaser having first applied for and obtained the written consent of the Triumph Sportswear. Goods returned without prior permission or that fall outside of the guidelines detailed below will not be accepted.

(i) Customized & Bespoke Products – You do not have a legal right to cancel any goods that have been personalized to your requirements. As these are customized for the Purchaser, their club or team, the Triumph Sportswear is unable to accept returns except in the case of manufacturing error or faulty goods.

(ii) Plain Stock Products – The Triumph Sportswear will accept returns of plain stock products within 14 days from date of delivery if the goods are in the original condition with all labels, tags and bags intact. Please note that the return may be subject to the cancellation/restocking fee as detailed in clause 9.

(iii) To return plain stock items, this must be agreed by the Triumph Sportswear prior to the goods being returned as per clause 9. The Purchaser must keep the goods in a re-salable condition and in accordance with clause 12 (ii).

(iv) If the Purchaser returns goods to the Triumph Sportswear due to a manufacturing fault, the Triumph Sportswear will inspect the goods and either replace the item or refund the full purchase price for goods that we reasonably accept are defective, faulty or which are otherwise not in accordance with the contract. This is subject to the goods being returned to the Triumph Sportswear within 15 days from date of delivery.

(v) The Triumph Sportswear will replace the goods or refund the Purchaser provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, negligence or if you fail to follow product care instructions or if the goods have been misused, altered or repaired without the Triumph Sportswear ‘s approval. If the Triumph Sportswear does not find any fault or defect then your cancellation and refund rights are limited to those set out above. This does not affect the Purchaser’s statutory rights. The remedy in this clause represents the Triumph Sportswear’s entire liability to the Purchaser for any claim under the guarantee period or any other guarantee or condition in respect of the goods which the law provides in so far as we are permitted to limit our liability to you.

(vi) If the Purchaser believes that goods have a defect, you should not make any further use of them before returning them to the Triumph Sportswear. After the warranty period, refunds and exchanges shall be at the Triumph Sportswear’s discretion. The Purchaser’s statutory rights are not affected.

(vii) Returned orders should be sent via courier or registered post. If the goods fail to arrive at the Triumph Sportswear you will not be eligible for a credit note or refund. The Triumph Sportswear cannot be held responsible for goods lost or damaged in the post. Goods returned after the return period has expired will not be eligible for a credit note or refund and the order will be returned to the Purchaser at the Purchasers own cost.

(viii) The Triumph Sportswear will not reimburse the Purchaser’s return delivery costs except in the case of a manufacturing error. Where a manufacturing error has occurred, return postage cost of up to 500 INR to 2000 INR worldwide may be reimbursed upon proof of postage. Where the postage exceeds the stated value, prior approval must be obtained from The TRIUMPH SPORTSWEAR in writing.

(ix) All return packages must include a completed returns form, which can be downloaded from the Triumph Sportswear website.

Guarantee

All the Triumph Sportswear’s products are guaranteed for a minimum of 15 days from the date of delivery, subject to the following conditions without prejudice to the Purchaser’s statutory rights.

Replacement Guarantee

(1)Triumph Sportswear offers you REPLACEMENT WITHIN 15 DAYS FROM THE DATE OF DELIVERY ON THE product/products ordered on Triumph Sportswear i.e. within 15 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/products can ask for replacement of the product/products subject to the following terms and conditions:

 

  1. Notify us of any defects within 48 hours from the date of delivery and the same product/products will be replaced in return of the defective product/products.
  2. Replacement can be for the entire product, subject to availability of the same with Triumph Sportswear only.

 

(2) Following products shall not be eligible for return or replacement:

 

  • Damages due to misuse of products;
  • Any consumable item which has been used;
  • Products with tampered or missing Tags;
  • Any damage/defect which are not covered under the manufacturer’s warranty
  • Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

 

Disclaimer: “ANY DECISION ON 15 DAY REPLACEMENT GUARANTEE ON THE PRODUCT Sold Online is at the sole discretion of Seller Triumph Sportswear and decision of Triumph Sportswear AS Seller shall be final and binding. Seller Triumph Sportswear reserves the right to withdraw and/or alter from 15 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature.”

Payment

(i) The net prices quoted are exclusive of carriage & Tax. Standard payment terms are payment in full at point of order. Alternatively, and only with prior agreement, the Triumph Sportswear will accept orders provided they hold a valid credit account. For purchasers who already hold credit facilities with the Triumph Sportswear, payment is due in line with the agreed terms of your credit account. Cancellation of orders may result in the cancellation fee being applied at a minimum of at least 50% of the full order value for bespoke or customized products as per clause 9, although the exact sum above depends on the amount of goods in production or completed at the time of cancellation.

(ii) The Triumph Sportswear reserves the right to seek full or part payment for specialized items in advance of manufacture.

(iii) The Triumph Sportswear reserves the right to charge statutory interest at 18% p.m on overdue accounts

Title

(i) Notwithstanding delivery of the Goods to the Purchaser, ownership of the Goods (both legal and equitable) will not pass but remain with the Triumph Sportswear. However, immediately on delivery to the Purchaser or into custody on the Purchasers behalf (whichever is the sooner) the risk in the Goods will pass to the Purchaser. Property in the Goods will pass to the Purchaser when all outstanding debts owed to the Triumph Sportswear in respect of the goods relevant to this contract have been paid in full. Until that date, the Purchaser is to hold the Goods in a fiduciary capacity as bailiff on behalf of the Triumph Sportswear, and shall be responsible for adequately insuring the Goods and if required shall store the goods in such a way that they can be recognized as being held in a fiduciary capacity.

(ii) Notwithstanding that the Purchaser may hold the goods in a fiduciary capacity only, the Triumph Sportswear will allow the Purchaser the power to use the goods in its normal course of business and to sell the goods to third parties and to deliver them on the condition that so long as the Purchaser is indebted to the Triumph Sportswear, the Purchaser shall assign the benefit of any claims against such third parties to the Triumph Sportswear and in any event, if the Purchaser received the proceeds of such sales from third parties, such proceeds are to be held by the Purchaser for account of the Triumph Sportswear (who shall be permitted to trace such proceeds) to the extent that the Purchaser is indebted to the Triumph Sportswear under this contract.

(iii) If payment by the Purchaser under this contract becomes overdue in whole or in part, of if the Purchaser shall commit any other breach of this contract or any act of insolvency (as hereinafter defined), the Triumph Sportswear shall be entitled (without prejudice to any of its other rights) to treat this contract as discharged, and to repossess the Goods, the subject of this contract, or the mixed goods, or any of them, as the case may be, and to enter upon any premises where the goods may be situated for that purpose.

(iv) The Purchaser shall, for the purpose of this clause, be deemed to commit an act of insolvency if any distress or execution shall be levied upon its property or assets, or if it shall make or offer to make any arrangements or composition with creditors, or commit any act of bankruptcy, or if any receiving order in bankruptcy shall be presented or made against it, or if the Purchaser is a limited Triumph Sportswear and any resolution or petition to wind up such Triumph Sportswear’s business other than for the purpose of amalgamation or reconstruction shall be passed or presented or if a receiver of such a Triumph Sportswear’s undertaking property or assets or any part thereof shall be appointed or if in the sole discretion of the Triumph Sportswear it appears to the Triumph Sportswear that the financial position of the Purchaser has become unsatisfactory or impaired.

(v) In the event of the Triumph Sportswear repossessing the goods, the Purchaser shall be liable (notwithstanding the discharge of the contract) to pay the difference between the price of the goods and their value on repossessing and in the event of the Triumph Sportswear being entitled to repossess the Goods, but being unable to do so for any reason whatsoever, the Purchaser shall pay to the Triumph Sportswear the full price thereof, less in each case any amount previously paid by the Purchaser for the goods under this contract.

(vi) Any receiver or liquidator appointed over the assets of the Purchaser shall pay into a separate bank account any sums received from third parties in respect of sales to them of the goods by the Purchaser, up to the amount of any indebtedness of the Purchaser to the Triumph Sportswear under this contract for the sole benefit of the Triumph Sportswear.

Liability

This clause sets out the entire financial liability of each Party (including liability for the acts of omissions of its employees) to each other in respect of any breach of this agreement or any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement.

(i) Nothing in this Agreement shall limit or exclude liability of either Party to the other for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation.

(ii) Without prejudice to 16 (i), neither Party shall not be liable to the other Party, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:

(i) loss of profit; or

(ii) loss of goodwill;

(iii) loss of business;

(iv) loss of business opportunity;

(v) loss of anticipated saving;

(vi) loss or corruption of data or information;

(vii) Loss of reputation

(viii) special, indirect consequential damage suffered by one Party that arises under or in connection with this agreement.

(iii) Without prejudice to clause 16 (i) or clause 16 (ii) the Triumph Sportswear’s total liability of each Party arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to the price of the Order to which the claim relates.

Intellectual Property rights

Inventions, technical information, patents, know-how, registered and unregistered trademarks and service marks (including any trade, brand or business names and any URLs or domain names), registered designs, design rights, copyright and moral rights and topography rights (in each case for the full period thereof and all extensions and renewals thereof), applications for any of the foregoing and the right to apply for a claim priority in respect of any foregoing in any part of the world and any similar rights situated in any country.

(i) All intellectual property rights in the goods and in any material used in the manufacture of the goods so and shall continue to belong to the Triumph Sportswear or a supplier to the Triumph Sportswear and the purchaser agrees that it will not infringe any of the Triumph Sportswear’s intellectual property rights. In addition, the Purchaser agrees to notify the Triumph Sportswear as soon as it becomes aware of any third party infringement of Intellectual Property Rights in relation to the goods or any of them.

(ii) The Purchaser shall leave in position and not cover, deface or erase any notices or other marks (Including, without limitation, notice that a trademark, design, patent or copyright relating to the goods is owned by the Triumph Sportswear or a third party) which may be placed on or affixed to the goods.

General

(i) This agreement shall be governed and construed in accordance with the law of India and the parties hereby accept the non-exclusive jurisdiction of the High Court of Justice in India in relation to all matters, claims or disputes arising out of or in connection with this agreement.

(ii) In the case that any part or parts of this contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.

(iii) All orders are accepted and executed on the understanding that the Purchaser is bound by these General Conditions of Sale. Where there is any inconsistency between these Conditions of Sale and any Conditions which the Purchaser seeks to impose these General Conditions of Sale shall prevail.