Terms and Conditions

1. Definitions

In the terms and conditions of sale set out below, Lionhart and all of its subsidiaries is referred to as the “Lionhart”. The “Customer” is the person, company or organisation by whom the order is placed.

‘Generic Garments’ refers to un-personalised garments sold via our website.

‘Customised Garments’ refers to generic garments that are personalised for the Customer.

‘Bespoke Garments’ refers to unique design items that are exclusively designed and made to order, specifically for the Customer.

‘Bespoke Products’ refers to other products exclusively designed for customers, such as event flags and banners as well as medals and badges.

‘Lionhart Products’ refers to any or all of the products offered by Lionhart including but not limited to: Generic, Bespoke or Customised Garments and Bespoke Products.

‘Expected Delivery’ date refers to the estimated delivery date at the point of sale and is not a guaranteed delivery date or promise.

2. Validity of Offer

Lionhart reserves the right to refuse the Customers’ acceptance of a quotation unless such quotation is stated to be open for a specific period and is not withdrawn in such period.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 Customer of the Lionhart’s quotation until notice of acceptance of the order has been given in writing, or Lionhart has indicated its acceptance of the order by making delivery or part delivery of the goods and payment has been received. In the event that no quotation is given by Lionhart and it has received an order from the Customer, all deliveries are made subject to these General Conditions of Sale.

3. Prices

Unless contractually agreed otherwise, prices may be altered without notice and goods are invoiced at prices in force on the day of despatch. In the case of goods and/or services, which are the subject of a written quotation, the validity of prices is as detailed in that quotation.
Variations – In the event of variations or suspensions of the work by the Customer’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 Customer requires a smaller number of units to be delivered than those quoted for, Lionhart reserves the right to adjust the rates of prices applicable thereto.

4. Product Representation

Lionhart Product details and specifications within published literature of any form should be considered as an initial guide, the Lionhart reserves the right to make changes to products that are not subject to existing contract award without prior consultation.
Some of the products which the Lionhart offers for sale may be fashion items and may not be suitable for 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.

5. Samples

All sample orders are chargeable at full RRP and are required to be paid in full at the time of ordering. Sample orders are not returnable, however, where a sample product has been agreed to be supplied, they must be returned to Lionhart no later than 28 days from date of despatch.
Sample products identified as returnable will need to be returned by The Purchasers own chosen delivery method. We would recommend that all returned items are sent via courier or registered post. If the goods fail to arrive at Lionhart, customer will be charged the full RRP for the product not returned. Lionhart cannot be held responsible for goods lost or damaged in transit.

6. Manufacture

The Lionhart Products supplied to the Customer shall comply with the Agreed Specification of product code stated at the time of the order.
Lionhart shall be entitled to approach the Customer to propose modifications to the Item subsequent to the date of the Order.
Lionhart shall, subject to separate commercial agreement, implement all mutually Agreed Modifications to the Specification.
The artwork and logo designs, once confirmed, is a binding contract between the Customer and the Lionhart. Once approved by the Customer in writing, changes will not be accepted to either designs or specifications.
Any and all logo approvals are the sole responsibility of the Customer. Once approved no changes can be made.
For customised and bespoke items, the Purchaser may be asked to approve a sample logo or sublimation test printed for colour conformity whilst the order is in production. Any delay in approval from the Customer may result in a delay in the production of the products. Lionhart shall not be responsible for any such delay.
Colours 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 and may be chargeable.
Delivery or part shall be made as if the same constituted a separate contract.

8. Delayed Delivery By The Customer

Should the Customer, for whatever reason, delay the delivery of an order, where the order has been sent for producton, and work has already been completed on the order, Lionhart reserves the right to invoice for, the full value of the order at the time the delay is notified, at that time or at any time thereafter. Lionhart also reserves the right to invoice, if necessary, for storage of the goods, the cost of any material or tools used or intended to be used thereof and the cost of labour and other overheads.

9. Cancelled Order

If the Customer 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 Lionhart’s production, the Customer shall be liable, without prejudice, to any other rights of Lionhart to claim damages, and Customer shall indemnify Lionhart against any loss, damage or expense incurred in connection with the manufacture or non-manufacture of the Products, the cost of any material or tools used or intended to be used thereof and the cost of labour and other overheads. Lionhart reserves the right, in addition, to impose a cancellation/ restocking fee of 50% of the full order value.
For Generic Garments sold via the website, The Customer 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 Customer can cancel by informing Lionhart in writing, by e mail or by post to 19 The Green, Great Cheverell, Wiltshire SN10 5XN, by email on info@lionhart.uk or over the phone on 07717156409. The Customer should keep evidence of having given notice of cancellation, such as an email receipt or proof of posting.

10. Delivery

The expected delivery date is an estimated delivery date at the point of sale and Lionhart shall endeavour 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 Customer or Lionhart including but not limited to acts of God, natural disasters, fire, flood, explosions, earthquakes, accident, civil unrest, any act of the Government of the Customer or the Manufacturer, war, insurrection, embargo, actions of the other party, riots, or strikes affecting the Customer, the Manufacturer or the Customer. The parties’ non-compliance with any rule, regulation or government agency shall not constitute Excusable Delay, or the failure of the Customer to furnish necessary information or instructions for any reason whatsoever, release Lionhart from the expected delivery dates, and if necessary, from the contracted responsibility for delivery.
Claims for damages or any consequential loss on account of late or incomplete delivery cannot be considered valid.
Should there be a default in payment by the due date in the case of an order which involves more than one delivery, Lionhart reserves the right to suspend or cancel all or part of that order.
Where bespoke garments are to be manufactured in accordance with the Customer’s requirements, the quoted lead-time shall commence from receipt of written confirmation of actual requirements as part of an order or valid payment in full, which ever occurs later.
If products are out of stock, Lionhart will notify the Customer via email as soon as possible and by no later than 30 days from the expected delivery date and advise if alternatives are available. Lionhart will aim to replenish stock levels as soon as possible, although are not be obliged to do so. If the Customer orders more than one product, Lionhart does not guarantee that all goods will be delivered in a single delivery and reserve the right to deliver in instalments.

11. Damage in Transit or Non-Delivery

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 despatch (within UK).
The risk in the goods shall pass to the Customer at the point of delivery as specified in these Conditions or as otherwise agreed and Lionhart shall have no responsibility for the safety of the goods thereafter.

12. Return of Goods

Under no circumstances may products, supplied against a firm order, be returned without the Customer having first applied for and obtained the written consent of Lionhart to return the products. Products returned without prior permission or that fall outside of the guidelines detailed below will not be accepted. Please refer to the Return Policy for full guidance on how to return your products.

Customised & Bespoke Products – You do not have a legal right to cancel any goods that have been personalised to your requirements. As these are customised for the Customer, their club or organisation, Lionhart are unable to accept returns except in the case of manufacturing error or defective products.
Generic Garments – Lionhart will accept returns within 14 days from date of delivery if the products 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.
To return Generic Garments, this must be agreed by Lionhart prior to the products being returned as per clause 9. The Purchaser must keep the goods in a re-saleable condition and in accordance with clause 12 (2)
If the Customer returns goods to Lionhart due to a manufacturing fault, Lionhart will inspect the goods and either replace or repair the item or refund the full purchase price for products that we reasonably accept are defective, faulty or which are otherwise not in accordance with the specifications agreed at time of purchase. This is subject to the goods being returned as per the Returns Policy.
Lionhart will replace, exchange or refund the products to the Customer provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally by exposure to abrasive materials such as velcro, negligence or if you fail to follow product care instructions or if the goods have been misused, altered or repaired without the Lionhart’s approval. If Lionhart 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 Customers’s statutory rights. The remedy in this clause represents Lionharts entire liability to the Customer for any claim under the 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.
If the Customer believes that products have a defect, you should not make any further use of them before returning them to the Lionhart. After the guarantee period, refunds and exchanges shall be at the Lionhart’s discretion. The Purchaser’s statutory rights are not affected.
Should your wish to return an order or part thereof, this will need to be returned by the Customers own chosen delivery method. Lionhart recommends that all returned items are sent registered or signed for post and will be returned to the Lionhart at the customer’s own cost. If the returned products fail to arrive at Lionhart, you will not be eligible for a credit note or refund. Lionhart cannot be held responsible for goods lost or damaged in transit. 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 Customer at the Customers own cost.
All return packages must include a completed returns form, which can be downloaded from the www.Lionhart.uk website.

13. Guarantee

All the Lionhart’s products are guaranteed for a minimum of 6 months from the date of delivery, subject to the following conditions without prejudice to the Customer’s statutory rights.
In the event of a complaint arising during the period of guarantee, the Customer should notify Lionhart regarding the nature of the complaint before returning the goods. If Lionhart is satisfied that the product has become defective due to faulty workmanship or material, in normal use, in accordance with the Lionhart’s instructions, we will, at our discretion, either despatch a direct replacement free of charge or repair the article free of charge.
It is the responsibility of the Customer to ensure that all goods are used in in line with the manufacturer’s instructions. Contravention of such instructions invalidates the guarantee and any rectification carried out by the Lionhart at the request of the Customer is chargeable, and the cost of any replacement garments will be charged at the full retail price.
Lionhart reserves the right to decide whether a product has been tampered with or damaged through miss use, in which case the guarantee becomes invalid.
Lionhart’s guarantee is explicitly limited to the repair or replacement of defective products.

14. Payment

The prices quoted are exclusive of carriage & VAT. Standard payment terms are payment in full at point of order. Cancellation of orders may result in a cancellation fee being applied at a minimum of at least 50% of the full order value for bespoke or customised 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.
Lionhart reserves the right to seek full or part payment for specialised items in advance of manufacture.
Lionhart reserves the right to charge statutory interest at 8% above the Bank of England base rate on overdue accounts as per the Late Payment of Commercial Debts (Interest Act 1998).

15. Reservation of Title

Notwithstanding delivery of the Products to the Customer, ownership of the Goods (both legal and equitable) will not pass but remain with the Lionhart. However, immediately on delivery to the Customer or into custody on the Customers behalf (whichever is the sooner) the risk in the Goods will pass to the Customer. Property of the Products will pass to the Customer when all outstanding debts owed to the Lionhart in respect of the products relevant to this contract have been paid in full. Until that date, the Customer is to hold the Products in a fiduciary capacity as bailiff on behalf of Lionhart, and shall be responsible for adequately insuring the products and if required shall store the products in such a way that they can be recognised as being held in a fiduciary capacity.
Notwithstanding that the Customer may hold the goods in a fiduciary capacity only, Lionhart will allow the Customer the power to use the goods in its normal course of operation and to sell the products to third parties and to deliver them on the condition that so long as the Customer is indebted to the Lionhart, the Customer shall assign the benefit of any claims against such third parties to Lionhart and in any event, if the Customer received the proceeds of such sales from third parties, such proceeds are to be held by the Customer for account of Lionhart (who shall be permitted to trace such proceeds) to the extent that the Customer is indebted to Lionhart under this contract.
If payment by the Customer under this contract becomes overdue in whole or in part, of if the Customer shall commit any other breach of this contract or any act of insolvency (as hereinafter defined), Lionhart shall be entitled (without prejudice to any of its other rights) to treat this contract as discharged, and to repossess the Products, the subject of this contract, or the mixed Lionhart Products, or any of them, as the case may be, and to enter upon any premises where the products may be situated for that purpose.
The Customer 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 Customer is a limited company and any resolution or petition to wind up such company’s business other than for the purpose of amalgamation or reconstruction shall be passed or presented or if a receiver of such a company’s undertaking property or assets or any part thereof shall be appointed or if in the sole discretion of Lionhart it appears to the us that the financial position of the Customer has become unsatisfactory or impaired.
In the event of Lionhart repossessing the goods, the Customer shall be liable (notwithstanding the discharge of the contract) to pay the full price of the products in the event of Lionhart being entitled to repossess the Products. If Lionhart are unable to reposses products for any reason whatsoever, the Customer shall pay to Liomhart the full price thereof, less in each case any amount previously paid by the Customer for the products under this contract.
Any receiver or liquidator appointed over the assets of the Customer shall pay into a separate bank account any sums received from third parties in respect of sales to them of the products by the Customer, up to the amount of any indebtedness of the Customer to Lionhart under this contract for the sole benefit of Lionhart.

16. Limit Of 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).

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.
Without prejudice to 16 (1), 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:
1. loss of profit; or
1. loss of goodwill;
1. loss of business;
1. loss of business opportunity;
1. loss of anticipated saving;
1. loss or corruption of data or information;
1. special, indirect consequential damage suffered by one Party that arises under or in connection with this agreement.
Without prejudice to clause 16 (1) or clause 16 (2) the Company’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.

17. 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 trherf 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.

All intellectual property rights in the designs or products or any material used in the manufacture of the products shall continue to belong to the Lionhart or a supplier to the Lionhart and the customer agrees that it will not infringe any of the Lionhart’s intellectual property rights. In addition, the Customer agrees to notify Lionhart as soon as it becomes aware of any third-party infringement of Intellectual Property Rights in relation to the designs or products supplied by Lionhart.
The Customer 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 Lionhart or a third party) which may be placed on or affixed to the products.r

18. General

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

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

Published March 2022, v1.0