STANDARD TERMS AND CONDITIONS OF SALE

In these Terms and Conditions “we, our, us,” refers to “Beach Bisht®”.

ACCEPTANCE OF TERMS:

By accessing the content of https://www.beachbisht.co/ (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at https://www.beachbisht.co/privacy-policy. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.

You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

MODIFICATION:

Beach Bisht® reserve the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.

Beach Bisht® have complete discretion to modify or remove any part of this site without warning or liability arising from such action.

LIMITATION OF LIABILITY:

Beach Bisht® will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.

Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as a result of the negligence of Beach Bisht®, it’s employees, or agents.

COPYRIGHT:

All intellectual property of Beach Bisht® such as trademarks, trade names, patents, registered designs, and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Beach Bisht®.

By using the Website you agree to respect the intellectual property rights of Beach Bisht® and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

DISCLAIMERS:

The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.

The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility, or security of any components of the Website.

We do not guarantee uninterrupted availability of the www.beachbisht.co Website and cannot provide any representation that using the Website will be error free.

THIRD PARTIES:

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements, or information contained in such websites.

SEVERANCE:

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

GOVERNING LAW AND JURISDICTION:

This Agreement will be governed by the laws of Turkey and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of Istanbul Anadolu courts without reference to rules governing choice of laws.

STANDARD TERMS & CONDITIONS FOR BUSINESS:

View our Terms & Conditions of Business document

These terms and conditions govern your use of this website and the service and the products provided by Beach Bisht®. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or the service or the products provided by Beach Bisht®.

Beach Bisht® cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect your statutory rights.

The term ‘Beach Bisht® Clothing’ or ‘Beach Bisht®’ or ‘us’ or ‘we’ or ‘the company’ refers to Beach Bisht®.
The term ‘products’ or ‘goods’ refers to any items advertised for sale or order on our website or any items for which an order is placed.
The term ‘you’ or ‘your’ or ‘customer’ or ‘client’ refers to the user or viewer of our website, any person or organization placing an order for any products with us, or any person or organization accepting a quote for the supply of specified products.
The term ‘writing’ refers to emails and letters exchanged between you or a customer of Beach Bisht® and Beach Bisht® themselves.

Beach Bisht® cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect customers statutory rights.

TERMS OF USE

All information and materials and its content on the pages of this website are provided on an “as is” basis for your general information and use and are not intended in any way to be comprehensive. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.

Use of this website is governed by the following terms and conditions of use, which together with our privacy policy and disclaimer govern our relationship with you in relation to the use of this website. We reserve the right to vary these terms without notice at any time. If you disagree with any part of these terms and conditions please cease to use our website.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Turkey. Access is granted on the condition that you accept all of the above and agree to the jurisdiction of the Istanbul Anadolu courts to settle matters in relation to the website.

COPYRIGHT

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorized use of any material on this website that violates any of the conditions or any relevant copyright, trademark, and other laws could result in legal proceedings.

DISCLAIMER

While every effort will be made to keep this website accurate and up-to-date, no warranty of any kind, implied, expressed, or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose is given in conjunction with this website, or any information and materials within it.

FORCE MAJEURE

Beach Bisht® reserves the right to defer the date of delivery or payment or to cancel the contract or reduce the volume of the products ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Beach Bisht® including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the customer shall be entitled to give notice in writing to Beach Bisht® to terminate the contract.

ORDERS

Beach Bisht® provides a bespoke/custom manufacturing service whereby we manufacture one of a kind goods and therefore refunds and returns of goods are not possible. We will accept no returns of any garments or goods for any reason; therefore we encourage clients to take care with specifications and to understand the terms and conditions of their order. By settling your invoice you agree to pay for the goods listed and understand that no refund, replacement, or compensation can be claimed for the goods once the order has been placed. In the unlikely event that you are not 100% satisfied with any element of the goods you receive, you must contact us within 7 days of receipt and we will assess your points on a case by case basis. At our discretion we may arrange for replacement goods to be manufactured, however, this is not guaranteed.

All of our products are handmade with some mechanical elements during the production process and therefore there can be some variance in garment sizing between identical products. Therefore all sizes are estimates and are not guaranteed. Exact sizing cannot be guaranteed, and size charts should be used as a guideline only. We are not responsible in any way for any loss of earnings as a result of incorrectly ordered sizing or sizing variance. Upon placement of your order, we will discuss sizing. Please get in touch for product-specific sizing charts. If Beach Bisht® is instructed to create custom sizing for your brand or your order we will create a bespoke pattern based on your requirements. In the case that there are any technical limitations within your custom sizing requirements which render them impossible to produce and we are unable to create a pattern based on them, Beach Bisht® reserves the right to make changes and/or adjustments in order to give the best compromise between your desired measurements and those which are technically possible. If you provide a pre-produced pattern the contents of the pattern are your responsibility. Beach Bisht® is in no way responsible for any deviance of pattern or sizing or dimension when producing one-of-a-kind products, be it in the pre-production/sample stage or for bulk production.

No order submitted by the customer shall be deemed to be accepted by Beach Bisht® unless and until confirmed in writing to the customer by an authorized representative of Beach Bisht® by way of an invoice being supplied to the customer.

No order which has been accepted by Beach Bisht® may be cancelled by or refunded to the customer except with the agreement in writing of Beach Bisht® and on the terms that the customer shall indemnify Beach Bisht® in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by Beach Bisht® as a result of cancellation. No order which is in the pre-production sampling process or in the bulk production process may be canceled by or refunded to the customer.

All orders are subject to a potential +/- 10% order quantity deviance from the original order quantity purchased due to raw material excesses/shortages and defects during production.

COLOR MATCH PANTONE/COLOUR

Colour match Pantone/color references must be provided for print, embroidery, and garment color matching. Colors exchanged during correspondence are only as accurate as the virtual design process allows and will vary with your display settings, software and environmental light, etc. Colour matching via an image rather than a Pantone reference cannot be guaranteed. We will do our very best to match all colors, but due to the nature of mixing inks, the variance in color between wet and dry phases of printing, environmental factors, and color conversion, we cannot guarantee a perfect match unless a Pantone color reference is provided. We will not be held liable for any errors in matching color, or loss of earnings in matching color, nor will we refund goods based on color matching.

PRE-PRODUCTION PROTOTYPES/SAMPLES/EXPERIMENTAL GOODS/DEVELOPMENT ITEMS

Beach Bisht® offers the means to order one unit of a new design, defined by a single style/color/size of a product, at a minimum order quantity of one unit, for the purposes of clarification of new designs to be in conformance with the design specification supplied by you. Please take note that samples and Pre Production samples are prototypes of what you will receive for bulk orders. It is the client's responsibility to flag up any issues at this point, as once the bulk production commences, no changes can be made. We will not be held liable for any errors including, but not limited to, the fit, fabric, construction, and trims of bulk production once you have confirmed the Pre Production samples.

Prototypes are non-refundable in any circumstance, regardless of quantity ordered or design variation. No obligation is implied, expressed, or statutory that an order for a quantity of two or above of each design must be placed upon delivery of a Prototype. Prototypes are produced by Beach Bisht® for the benefit of the customer to clarify new designs before an order for a quantity of two or above is placed. No warranties or guarantees to the fit, form, function, quality, or design are applied to any Prototype order due to the nature of them being pre-production development pieces. It may be necessary to produce at the expense of the customer, further prototypes to finalize the design before the placement of an order for each design at an order quantity of two or above. For any order quantity of two or above per design, no warranties or guarantees to the fit, form, function, quality, or design are applied to any order placed for any quantity of the same design, if a prototype is not ordered for the purpose of clarification of the new design against the design specification provided by you, the customer. The estimated timescale for samples is roughly 8 weeks (plus an additional 2-3 weeks if sourcing and approving fabrics is required). For bulk production orders, estimated timescales are agreed on a case-by-case basis. Please note, these are purely estimated timescales due to the nature of overseas manufacture and can be subject to delays which Beach Bisht® cannot be held liable for therefore we strongly advise clients to not book any photoshoots or launch dates until the order is landed in their address.

Complimentary or pre-production samples, those which are offered free of charge upon placement of an order for a quantity of two or more are offered on the basis that the design is pre-production, in development and experimental. Once you approve the sample, your order will be manufactured in the standard production time. For new designs, more than one pre-production sample may be required to fulfill the requirements of the customer. Further pre-production samples can be produced at the cost of the customer to confirm requirements. We do not guarantee a remake of samples. If our factory has made a major error based on the tech packs which have been provided, we will do our best to remake that style. If there are small changes required like moving a logo, fit changes, or changing fabric color, for example, these are considered minor changes and we would ask clients to place a 60% bulk order deposit at this stage. Then we would make one free Pre Production sample per style (in the size and color of your choice) with any amendments, for you to approve before the bulk manufacture begins. If you decide you want to see new samples with amendments you have decided on upon seeing the first samples, then we would have to charge you for new samples.

Any changes made to the requirements or otherwise in accordance with the original specification submitted by the customer once payment has been made and an order has been confirmed in writing may incur additional costs to the customer for the purpose of reproduction of articles already manufactured. Please note that samples and bulk orders can be subject to delays which can be caused by delays from fabric/trim suppliers, air freight delays, customs delays, etc. which are out of our control and we cannot take responsibility for these directly. Beach Bisht® is also not liable for any photoshoots or launch dates that have been booked prior to the client receiving the bulk order.

The quantities and descriptions of any specification for products shall be as per those set out in the customer's order if accepted by Beach Bisht®.

If the products are to be manufactured or any process is to be applied to the products by Beach Bisht® in accordance with a specification submitted by the customer, the customer shall indemnify Beach Bisht® and all representatives of Beach Bisht® Clothing against all loss, damages, costs, legal fees and expenses awarded against or incurred by Beach Bisht® Clothing in connection with or paid or agreed to be paid by Beach Bisht® in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which results from the production of articles as per the customer's specification.

In the event of any claim for infringement of any patent, copyright design, trademark, or other industrial or intellectual property rights of any other person or persons or organization which results from the use of the customer's specification, Beach Bisht® and its representatives and employees are indemnified. By submitting any contribution to Beach Bisht®, the

customer is warranting that the contribution is their own original work and that the customer has full right to instruct manufacture of aforementioned products and articles.

PRICING

All prices are in Pounds Sterling (£) unless otherwise stated and are exclusive of any applicable Value Added Tax (VAT), for which the customer shall be additionally liable to pay to Beach Bisht®. The sum of the sub-total in addition to any money transfer fees incurred quoted on the invoice and the VAT at a rate of 20% equates to the full amount payable by the customer. Case by case generally 80% bulk order payment must be cleared in full before production commences. The remaining 20% payment must be made in full once we have sent you proof of the completed order and packing list. Full payment for design work, sampling, and trademarking must be paid upfront before any work can commence.

All prices quoted are valid for 10 days only or until earlier acceptance by the customer, after which time they may be altered by Beach Bisht® without giving notice to the customer.

Beach Bisht® reserves the right, by giving notice to the customer at any time before delivery, to increase the price of the products to reflect any increase in the cost to Beach Bisht® which is due to any factor beyond the control of Beach Bisht® such as, without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, the significant increase in the costs of labor, materials, or other costs of manufacture. Additionally, any change in the delivery date, quantities, or specifications for the products which is requested by the customer or failure of the customer to give Beach Bisht® adequate information or instruction may also incur an increase in price.

DELIVERY

Any dates quoted for delivery of products are approximate only and Beach Bisht® shall not be liable for any delay in delivery of products howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Beach Bisht® in writing. Products may be delivered by Beach Bisht® in advance of the quoted delivery date upon giving reasonable notice to the customer.

Should the customer fail to take delivery of products or fail to give Beach Bisht® adequate delivery instructions at the time stated for delivery then without prejudice to any right or remedy available to us, we may store products until delivery is completed and charge the customer for the reasonable cost including insurance of storage. Additionally, we may sell the products at the best price readily obtainable and upon deducting all reasonable storage and selling expenses, invoice the customer for any excess over the price obtained and invoice the customer for any shortfall below the price of the contract and invoice value.

Beach Bisht® shall not be under any obligation to pay any certificate, freight, customs duties, fees, and/or applicable taxes on behalf of the Customer. The Customer shall pay customs duties, fees, and applicable taxes on imported shipments as required, prior to the shipment being delivered, where applicable.

Beach Bisht® cannot be held responsible for delays caused by external factors where external processes are required to complete your products. Examples of these factors may be the weaving, knitting, embroidery, printing, finishing, dying, and sourcing processes for fabrics, distressing of garments, special packing, etc. If a supply chain event causes an unexpected delay, we will contact you to update the timeframes. Refunds due to delays where external factors are the source issue are not possible.