Terms and Conditions
All designs submitted to the endura.me website are subject to the following terms and conditions. By submitting a design on endura.me you are accepting the following terms and conditions:
(A) Designing A Garment
I understand that the electronic file(s) I am about to receive contain(s) details of garment patterns and print templates relating to one or more garments (the ‘Templates’) and that use of such Templates (including any files, garments and images incorporated in and accompanying the Templates) are licensed to me by Endura Ltd on a non-exclusive, limited, revocable basis. I understand that Endura Ltd shall retain full title to the Templates and all intellectual property rights therein. I agree not to share the Templates or any derivatives of it with any third parties and to use the Templates and its contents solely for the purposes of designing garment products for use via the endura.me website. I understand that any unauthorised use or sharing of the Templates shall immediately terminate the licence of the Templates. I agree to indemnify Endura Ltd and keep Endura Ltd indemnified against all costs, expenses, losses (including loss of profits), damages and liabilities incurred or suffered by Endura Ltd related to any unauthorised use or sharing of the Templates by me.
I have accurately measured myself or the intended recipient of the commissioned garment(s) (the ‘Product(s)’) following the measurement chart provided at www.endura.me/CheckMySize/ and have selected the appropriate sized garment(s).
The graphic design (the ‘Design’) that I provide to create the Product(s) will not contain any content or material which:
- Infringes any trademarks, copyright or other intellectual property rights of a third party;
- Contravenes any applicable laws; or
- Is false, offensive, abusive, threatening, defamatory, discriminatory, inflammatory or sexually explicit, and I acknowledge and agree that Endura Ltd reserves the right to reject any Design which falls into any of the above categories or which Endura Ltd, in its sole discretion, determines to be inappropriate or unacceptable.
I have the right to use all logos, trademarks, photographs, designs, graphics, text, images and other materials included in the submitted Design for the Product(s) and I undertake to indemnify Endura Ltd and keep Endura Ltd indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Endura Ltd as result of the use of any names, words, photographs, graphics or other materials uploaded or submitted by me as part of the Design (or otherwise) in producing the Product(s).
I have carefully checked the 3D visualisation of my Design and authorise Endura Ltd to manufacture the commissioned Product(s) featuring my Design.
I accept that within the realms of manufacturing tolerances there may be minor variations between the layout and positioning of the submitted electronic artwork in the Design and the finished Product(s).
I accept that due to limitations in digital sublimation fabric printing technology there may be minor variances between the colours as they appear in the Design contained in the submitted graphic design file and the finished Product(s).
I accept that the Product(s) are unable to be exchanged or returned for a refund due to (i) any Product(s) being deemed by me to be an incorrect size (other than in cases where the fit of the garment is inconsistent with the details provided by Endura Ltd at www.endura.me/CheckMySize) or (ii) the Design printed on the Product(s) varying from the Design submitted by me (other than in cases where the Design on the printed Product(s) varies materially from the submitted Design beyond reasonable manufacturing tolerances). I understand that subject to this, my rights to exchange or return any Product(s) shall be as set out in the below Terms and Conditions and any statutory rights I may have.
By uploading, posting, or submitting my Design to Endura Ltd, I understand and agree that I grant Endura Ltd a non-exclusive, royalty free, worldwide, irrevocable licence (including the right to grant sub-licences) to use, adapt, reproduce and publish my Design on the endura.me website as design inspiration for other visitors to the website at Endura Ltd’s discretion.
I understand that Endura Ltd will not manufacture or sell any Products featuring my Design to any third parties unless I have opted to grant a licence to Endura Ltd permitting it do so in accordance with Section (B) below.
In addition to accepting the above terms, I have read and accept the Terms and Conditions which set out my rights and obligations, and those of Endura Ltd, in relation to this website and the purchase of the Product(s) through the website.
Design rights (required only when choosing to offer designs for sale under licence agreement)
I grant to Endura Ltd an exclusive, worldwide licence to manufacture products featuring my submitted Design (‘Sale Products’) and sell such Sale Products openly and without restriction in return for commission payments equivalent to 10% of the nett sales (excluding VAT) of revenues from such Sale Products (the ‘Licence’).
As a material condition of the Licence, I undertake not to licence to any other party, use or otherwise allow the use of my Design for use in cycle or sports apparel without the written consent of Endura Ltd.
- I unconditionally and irrevocably waive all moral rights in and otherwise arising in connection with my Design and to which I may now or at any time in the future may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
I confirm and warrant that (i) I have the capacity to grant the Licence; (ii) the Design submitted for the Licence is free from claim by any third party; and (iii) that I own the intellectual property rights of all aspects of the Design including logos, images and other design elements contained within the Design without limitation or restriction of use. I also undertake to indemnify Endura Ltd and keep Endura Ltd indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Endura Ltd arising out of or in connection with any claim or action that the possession, use, development, sale (or otherwise) of the Design or the Sale Products containing the Design infringes the intellectual property rights of a third party.
I understand that Endura Ltd is under no obligation or requirement to sell or attempt to sell any Sale Products containing my Design. If Endura Ltd choose to sell Sale Products featuring my Design, then Endura Ltd will provide a report to me every six months (starting from the date of the first sale of a Sale Product containing my Design). Each report shall contain details of the nett sales showing both the total quantity of Sale Products sold and the sales value of Sale Products sold in that six month period. Within 14 days of the date of the report, Endura Ltd shall pay me any commission due within that six month period by means of a cheque or to my bank account (which I will have notified to Endura Ltd).
I agree that the Licence shall continue until the earlier of:
- three months after the date on which Endura Ltd informs me in writing that is has ceased to continue selling Sale Products featuring my Design to the public; or
- 24 months from the date of submitting my Design to Endura Ltd (via this form) where Endura Ltd has not made any Sale Products featuring my Design available for sale to the public.
- at Endura Ltd’s sole discretion, any date notified to me in writing by Endura Ltd following receipt of my written request to terminate the Licence to firstname.lastname@example.org. I understand that Endura Ltd shall not be required to accept any request that I make to terminate the Licence.
Endura.me Gift Card Terms & Conditions
Gift Card redemption
Endura.me Gift Cards may only be redeemed toward the purchase of Endura.me products available on the endura.me website.
Purchases are deducted from the redeemer's Gift Card balance. Any unused Gift Card balance that remains after a purchase will be retained and may be used against future purchases. The date of expiry of the balance of the Gift Card remains unchanged from the original date of the Gift Card and is not affected by partial use. If a purchase exceeds the redeemer's Gift Card balance, the shortfall must be paid at time of order placement.
Expiration and Transfer
Endura.me Gift Cards expire 1 year (365 days) from the date of issuance. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Card balances on any Endura.me account may not be transferred to another endura.me customer account.
Loss of Gift Card
The risk of loss and title for Endura.me Gift Card pass to the purchaser upon our electronic transmission of the card to the purchaser or designated recipient. Endura Ltd is not responsible if any card is lost, stolen, destroyed or used without your permission.
We will have the right to close Endura.me accounts and take payment from alternative forms of payment if a fraudulently obtained card is redeemed and/or used to make purchases on Endura.me
We make no warranties, express or implied, with respect to Gift Cards. In the event a Gift Card is non-functional, your sole remedy and Endura Ltd’s sole liability, will be the replacement of such a Gift Card.
When you purchase, receive or redeem a Gift Card, you agree that the law Scotland will govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.