White label - Bespoke manufacturing services terms and conditions

1. Terms and Conditions 

1.1 – These terms and conditions govern your use of this website and the service and the products provided by YOKA YO Limited. 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 YOKA YO Limited.

1.2 – YOKA YO 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 ‘YOKA YO ’ or ‘YOKA YO ’ or ‘us’ or ‘we’ or ‘the company’ refers to YOKA YO Limited.

• 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 organisation placing an order for any products with us or any person or organisation accepting a quote for the supply of specified products.

• The term ‘writing’ refers to emails and letters exchanged between you or a customer of YOKA YO and YOKA YO themselves.

• The term ‘design’ refers to any single specification provided by you to us, with the intention to be used as a design for manufacturability. A single change in specification or requirement constitutes a new design, including but not limited to size, dimensions, style and colour.

1.3 – YOKA YO cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect customers statutory rights.

 

2. Terms of Use

2.1 – 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.

2.2 – 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.

2.3 – We use cookies on this website to identify which pages on this website are being used. Please refer to our privacy policy for more detailed information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. By continuing to use this website you are giving your express consent to accept the use of cookies.

2.4 – Your use of this website is entirely at you own risk and without liability to us. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

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

 

3. Copyright

3.1 – 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.

3.2 – Unauthorised 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.

 

4. Links

4.1 – From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

5. Disclaimer

5.1 – 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.

 

6. Force Majeure

6.1 – YOKA YO Limited 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 if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of YOKA YO 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 labour 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.

 

7. Orders

7.1 – YOKA YO 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 sales order or 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.

7.2 – 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 YOKA YO 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, YOKA YO 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. YOKA YO 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.

7.3 – Clothing manufacturing involves technical elements and measurements which are subject to tolerances. Tolerances vary due to garment type and fabric composition. Therefore, although our best efforts are always made to ensure that identical garments are the same in every way, there can be small deviances in dimensions and other aspects of the garment to reflect the manufacturing tolerances.

7.4 – No order submitted by the customer shall be deemed to be accepted by YOKA YO unless and until confirmed in writing to the customer by an authorised representative of YOKA YO by way of a sales order or invoice being supplied to the customer.

7.5 – 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.

7.6 – An order is only considered an order when YOKA-YO is in receipt of authority to proceed with production, comments against samples, order quantity and breakdown, 50% deposit payment.

7.7 – Deposits are non refundable. As this is a bespoke manufacturing services your deposit secures production space with factories and purchases raw materials.

 

8. Cancellations

8.1 – 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.

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

8.3 – In the event that any order is cancelled by YOKA YO or by the Customer, YOKA YO shall not be liable for any loss of profit, loss of earnings or damage arising from the cancellation, including loss of profit, loss of earnings or damage which is based on future sales, sales from pre orders or statements of intent from existing or future purchasers. We are not liable for any losses, be them business or personal. If you use products we supply for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity in the past, present or future.

8.4 – Should the customer cancel an order at any stage of the order process, it shall be required that 100% of the balance of the total amount payable under the original sales order or invoice is paid, any deposits made against orders are non-refundable and shall be used to bear costs of raw materials with factories

8.5 – YOKA YO reserves the right to cancel any order at any time before the order has been delivered, on the grounds that the total original invoice value is refunded to the customer.

8.6 – Any products which are left over and stored at premises used by YOKA YO following the cancellation of an order for any reason or any order which is not delivered to the customer for any reason may be reused or recycled at our discretion. Methods of reuse and recycling include but are not limited to giving the products to a charity for reuse elsewhere, giving products to a charity to be deconstructed or deconstructing the products for reuse by us or another party as well as reselling items to clearing houses to recover costs.

8.7 – Any items returned to YOKA YO or any of it’s manufacturing facilities must be returned at the expense of the customer. YOKA YO offers no free return postage options.

8.8 – YOKA YO contracts only with you as the customer, YOKA YO cannot be held responsible for any loss of sales or cancelled wholesale orders you as the customer may receive from your respective customer for any reasons what so ever and consider this your responsibility to uphold your obligations and complete the order despite any subsequent cancellations.

 

9. Colour match Pantone/colour

9.1 – Colour match Pantone/colour references must be provided for print, embroidery and garment colour matching. Colours 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 colours, but due to the nature of mixing inks, the variance in colour between wet and dry phases of printing, environmental factors and colour conversion, we cannot guarantee a perfect match unless a Pantone colour reference is provided. We will not be held liable for any errors in matching colour, or loss of earnings in matching colour, nor will we refund goods based on colour matching.

 

10. Pre-Production Prototypes/Samples/Experimental Goods/Development Items

10.1 – YOKA YO offers the means to order one unit of a new design, defined by a single style/colour/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. 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 YOKA YO Limited for the benefit of the customer to clarify new designs before an order for a quantity 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 finalise 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. Standard delivery for samples and pre production prototypes is 2-3 weeks from placement of order. For bulk production orders, delivery timescales are agreed on a case by case basis.

10.2 – Complimentary or pre production samples, those which are offered free of charge upon placement of an order for a quantity 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 fulfil the requirements of the customer. Further pre production samples can be produced at the cost of the customer to confirm requirements, the cost of samples are £125 each.

 

11. Specifications and Copyright

11.1 – The customer shall be responsible to YOKA YO for ensuring the accuracy of the terms of any order including any applicable specification, and for giving YOKA YO any necessary information relating to the products before payment is completed, to enable YOKA YO to perform the contract in accordance with its terms. 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.

11.2 – The quantities and descriptions of any specification for products shall be as per those set out in the customers order if accepted by YOKA YO .

11.3 – In the event of any claim for infringement of any patent, copyright design, trade mark or other industrial or intellectual property rights of any other person or persons or organisation which results from the use of the customers specification, YOKA YO Limited and it’s representatives and employees are indemnified. By submitting any contribution to YOKA YO , 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.

 

12. Pricing

12.1 – 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 YOKA YO Limited. 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. Payment must be cleared in full before production commences.

12.2 – All prices quoted are valid for 30 days only or until earlier acceptance by the customer, after which time they may be altered by YOKA YO without giving notice to the customer.

12.3 – YOKA YO 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 YOKA YO which is due to any factor beyond the control of YOKA YO such as, without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials, or other costs of manufacture. Additionally, any change in delivery date, quantities or specifications for the products which is requested by the customer or failure of the customer to give YOKA YO adequate information or instruction may also incur an increase in price.

 

13. Delivery

13.1 – Any dates quoted for delivery of products are approximate only and YOKA YO 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 YOKA YO in writing. Products may be delivered by YOKA YO in advance of the quoted delivery date upon giving reasonable notice to the customer.

13.2 – Should the customer fail to take delivery of products or fail to give YOKA YO 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.

13.3 – YOKA YO shall not be under any obligation to pay any 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.

13.4 – YOKA YO 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 dying and sourcing processes for fabrics, distressing of garments etc. If a supply chain event causes an unexpected delay we will contact you to update timeframes. Refunds due to delays where external factors are the source issue are not possible

13.5 YOKA YO cannot be held responsible for any consequential losses, loss of sales, cancelled wholesale orders to any of the customers ongoing end customers. Our contract is directly with our customer.