Terms and Conditions

1. About USB Makers

1.1 USB Makers Intl is a trading name of Disc Makers Limited, a company registered in England and Wales. Company number: 05350646. VAT number: GB 880 6582 93.

1.2 Registered office: Market House, 10 Market Walk, Saffron Walden, Essex, CB10 1JZ. Trading address: G6, Allen House, The Maltings, Sawbridgeworth, Hertfordshire CM21 9JX. Telephone: 0800 130 3366. Customer service email: customer-services@usbmakers.com. Legal notices email: accounts@usbmakers.com.

1.3 In these terms, "USB Makers", "we", "us" and "our" mean Disc Makers Limited trading as USB Makers Intl.

2. Definitions

2.1 In these terms: "Customer" means the person or organisation that places an Order; "Contract" means the contract formed as described in section 5; "Goods" means the products to be supplied, including Custom Goods; "Services" means related services such as branding, data preloading and packaging; "Quotation" means a written quotation issued by USB Makers; "Order" means the Customer's request to purchase; "Order Confirmation" means USB Makers' written acceptance of an Order; "Specification" means the agreed description of the Goods and Services, including quantities, capacities, materials, branding and packaging; "Artwork" means logos, designs, text and files supplied or approved by the Customer for branding; "Visual Proof" means the mock-up or proof provided for approval before production; "Custom Goods" means Goods that are branded, personalised, made to order or produced to the Customer's Specification; "Working Day" means a day other than a weekend or public holiday in England; "Website" means www.usbmakers.com.

3. Scope of these terms

3.1 These terms apply to Orders placed through the Website (including the quote-cart), by email, by telephone or by purchase order.

3.2 These terms are written primarily for business customers. By placing an Order, the Customer confirms that it is acting in the course of a business unless it tells us otherwise before ordering. Orders are also accepted from individual consumers; if you deal with us as a consumer, clause 3.3 and the consumer provisions of these terms apply to you.

3.3 If you deal with us as a consumer, nothing in these terms excludes or restricts your statutory rights, and any provision that could not lawfully be applied to a consumer does not apply to you. Goods made to your specification or clearly personalised are exempt from the usual 14-day distance-selling cancellation right.

3.4 These terms apply to the exclusion of any terms that the Customer seeks to impose or incorporate, including terms printed on a purchase order, unless USB Makers expressly accepts those terms in writing. [LEGAL REVIEW: INCORPORATION OF TERMS AND BATTLE OF FORMS]

3.5 Variations to the Contract are binding only when agreed in writing by an authorised representative of USB Makers. A separate written agreement signed by both parties takes priority over these terms to the extent of any conflict.

4. Quotations

4.1 A Quotation is an invitation to place an Order, not an offer. It remains open for the validity period stated on it, or 30 days where none is stated, unless withdrawn earlier.

4.2 Quotations are prepared using the quantities, capacities, materials, branding, packaging, data-preloading and delivery details supplied by the Customer. Changes to any of these may change the price and lead time.

4.3 Unless the Quotation states otherwise, quoted prices are in pounds sterling, exclude VAT, and state whether delivery, setup, mould, artwork and optional extras are included.

4.4 Once an Order is accepted, the agreed price will not be increased except where the Customer changes the Specification, where section 29 applies, or where a change is agreed in writing.

5. Orders and contract formation

5.1 An Order is placed by accepting a Quotation, submitting a purchase order or completing the Website quote process.

5.2 A binding Contract is formed when USB Makers issues an Order Confirmation, or, if earlier, when USB Makers begins production with the Customer's agreement.

5.3 Acknowledging receipt of an Order, providing a Visual Proof or receiving payment does not by itself constitute acceptance.

5.4 Contract acceptance, Visual Proof approval and payment milestones are separate steps. Production is normally scheduled once the Order is accepted, the required payment has cleared, the final Specification is agreed and written proof approval is received.

5.5 Each accepted Order forms a separate Contract.

6. Prices and VAT

6.1 All prices exclude VAT, which is charged at the applicable rate. Prices are in pounds sterling unless agreed otherwise.

6.2 Delivery to the United Kingdom is included in our quotations. Any charges for express, same-day, timed or split deliveries will be stated on the Quotation.

6.3 Additional charges may apply, where stated on the Quotation or agreed in writing, for: artwork amendments beyond the agreed allowance; setup or mould costs; data preloading beyond the standard allowance; storage; re-delivery after a failed delivery attempt; and changes requested after acceptance.

6.4 For international orders, customs duties, import taxes and local charges are addressed in section 19.

7. Payment

7.1 Accepted payment methods are card payment (by secure payment link or by telephone to your account manager) and bank transfer, as stated on the Quotation or invoice.

7.2 Unless a credit account has been agreed, payment is required as follows: 50% of the order value with the order, and the remaining 50% before despatch. Payment must be received in cleared funds before goods are despatched.

7.3 Time for payment is of the essence. USB Makers may suspend production, despatch or further work while any required payment is outstanding.

7.4 Payments must be made without deduction. Bank charges imposed by the Customer's bank are the Customer's responsibility.

7.5 USB Makers may carry out reasonable fraud and payment checks before accepting payment.

8. Credit accounts and late payment

8.1 Credit accounts are available at USB Makers' discretion, subject to checks, and may be withdrawn or reduced on reasonable notice. Credit accounts are offered to education and public-sector buyers; payment is due 30 days from the invoice date.

8.2 If any sum is not paid by its due date, USB Makers may charge interest, fixed compensation and reasonable debt-recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend current orders and credit facilities until payment is received. [LEGAL REVIEW: LATE PAYMENT INTEREST, COMPENSATION AND RECOVERY COSTS]

8.3 If the Customer disputes an invoice in good faith, it must notify USB Makers promptly with reasons, and must pay the undisputed part by the due date.

8.4 All sums owing become immediately payable if the Customer becomes insolvent or subject to an equivalent event.

9. Product information and samples

9.1 Website and catalogue images are illustrative. Colours displayed on screen may differ from physical products. Dimensions and weights are approximate.

9.2 Stated storage capacities follow industry conventions; formatted capacity available to the end user is slightly lower than nominal capacity.

9.3 Product ranges, components and finishes may be updated by manufacturers. A materially different product will not be substituted without the Customer's approval.

9.4 Samples, including dummy samples, are representative only. Production goods may show minor variations from samples within the tolerances described in section 11.

10. Artwork and visual proofs

10.1 The Customer must supply Artwork in the formats described in our artwork guidelines and is responsible for the accuracy of its content, including spelling, contact details, logos and Pantone references.

10.2 USB Makers provides a free visual proof before production. Production will not begin until written approval is received by email; verbal approval is not accepted.

10.3 The Customer must check the Visual Proof carefully, including wording, logos, colours, layout, branding position and size, product style, capacity, quantity and packaging.

10.4 The Customer is responsible for errors contained in an approved proof. USB Makers remains responsible for producing the goods materially in accordance with the approved proof and agreed Specification, subject to the reasonable manufacturing tolerances in section 11.

10.5 Artwork amendments: unlimited reasonable revisions to the Visual Proof are included; authorised correction work beyond proof revisions is quoted per job before any charge is incurred.

10.6 Delays in supplying Artwork or approving a proof extend the estimated lead time.

11. Branding, colours and tolerances

11.1 Customised production involves reasonable tolerances in print position, dimensions, engraving depth and colour. Reasonable industry tolerances apply and are assessed against the approved Visual Proof; no fixed figures are published.

11.2 Exact colour matching cannot be guaranteed. Colour may vary with the casing material, surface finish, printing method, lighting, screen display and manufacturing batch. Pantone references are matched as closely as the material and method reasonably allow.

11.3 Natural and recycled materials, including wood, cork and composite casings, vary in grain, tone and texture between units. This is a characteristic of the material, not a defect.

11.4 We supply the exact quantity ordered and do not operate an over- or under-supply tolerance; any shortfall is handled under section 20.

11.5 Goods that conform to the approved Visual Proof and Specification within these tolerances are deemed to conform to the Contract.

12. Customer-supplied materials

12.1 The Customer is responsible for the suitability, legality and quality of materials it supplies, including Artwork, data files, samples and packaging instructions, and for keeping backup copies of all files.

12.2 USB Makers will take reasonable care of supplied materials but is not responsible for imperfect results caused by defects in, or the unsuitability of, materials supplied by the Customer where the defect was not reasonably apparent to USB Makers.

12.3 Artwork files and approved proofs are retained for up to five years after your last order to support repeat orders; data-preloading files are deleted as described in section 14. Physical materials: [CONFIRM WHETHER PHYSICAL MATERIALS ARE RETURNED].

13. Intellectual property

13.1 The Customer retains ownership of materials it supplies and grants USB Makers a non-exclusive licence to use them solely to prepare proofs, produce the Goods and perform the Contract.

13.2 The Customer warrants that it owns, or is licensed to use, all supplied Artwork and content, and that their use for the Order will not infringe any third-party intellectual-property rights.

13.3 The Customer will indemnify USB Makers against liabilities, costs and losses arising from third-party claims that Customer-supplied materials infringe intellectual-property rights. [LEGAL REVIEW: CUSTOMER INTELLECTUAL-PROPERTY INDEMNITY]

13.4 Intellectual property in artwork, designs, proofs and templates created by USB Makers remains the property of USB Makers unless assigned in writing. Custom moulds and tooling remain the property of USB Makers and are held for the Customer's repeat orders.

13.5 USB Makers will not display completed customer products or logos in its portfolio or marketing without permission.

13.6 USB Makers may decline or suspend any Order that it reasonably believes would infringe third-party rights or be unlawful.

14. Data-preloading services

14.1 Where data preloading is ordered, the Customer must supply final, tested files in a compatible format and within the agreed capacity. Standard allowance: 500MB per drive. Transfer method: WeTransfer or Dropbox link, or email for files under 10MB.

14.2 The Customer warrants that it has the right to supply and duplicate the files, that the files are free from malicious code so far as it is aware, and that it retains its own copies. USB Makers is not able to accept the only copy of any file.

14.3 USB Makers will run reasonable malware checks and load the files as supplied. USB Makers is not responsible for the content of supplied files, for errors within them, or for their compatibility with end users' devices where the files were loaded as supplied.

14.4 If supplied files contain personal data, USB Makers processes it as a processor on the Customer's documented instructions, under the data-processing terms referenced in section 28. The service is not intended for special-category data, and the Customer must tell us in advance if files contain personal data. [LEGAL REVIEW: DATA CONTROLLER AND PROCESSOR STATUS]

14.5 Preloaded data files are deleted from working systems 30 days after despatch; copies can persist in routine backups for up to a further 90 days before cycling out.

15. Custom and bespoke goods

15.1 Most Goods are Custom Goods: branded, personalised, preloaded or manufactured to the Customer's Specification, and cannot be resold.

15.2 Production of Custom Goods is committed once written proof approval is received and production is scheduled. From that point, materials are purchased, tooling may be made and production capacity is reserved for the Order.

15.3 Because Custom Goods are made to order, the cancellation and change rights in section 16 are more limited than for stock items, subject to applicable law.

16. Changes and cancellations

16.1 Change requests must be made in writing. USB Makers will confirm feasibility and any effect on price and lead time; changes take effect only when agreed in writing.

16.2 The Customer may cancel before production begins. USB Makers may charge for work already performed, including artwork and origination, and for materials or tooling already committed.

16.3 Once production of Custom Goods has begun, cancellation is normally not possible. Where USB Makers agrees to a cancellation, or where the law requires it, charges will reflect work completed, costs and materials committed, and supplier charges that cannot be recovered.

16.4 USB Makers may cancel a Contract by written notice if the Customer fails to pay when due, becomes insolvent, or fails to provide Artwork, approvals or information after reasonable reminders, or if supply would be unlawful, breach sanctions or infringe third-party rights. Sums already paid are handled under section 30.

17. Production and lead times

17.1 Lead times are estimates unless expressly guaranteed in writing. Time of delivery is not of the essence unless expressly agreed.

17.2 The estimated lead time starts from the latest of: Order acceptance; cleared funds where payment precedes production; agreement of the final Specification; and written proof approval.

17.3 Standard lead time: typically 7-10 working days. Express lead time: typically 3-5 working days on selected styles. Details of the current express service are on the Website.

17.4 Lead times may be affected by public holidays, factory closures (including Chinese New Year), material availability, customs clearance and courier performance. USB Makers will inform the Customer of any material delay.

17.5 Production, despatch and delivery dates are distinct. A quoted despatch date is not a delivery guarantee.

18. Delivery

18.1 The Customer is responsible for accurate delivery address and contact details, and for costs caused by incorrect address information.

18.2 Deliveries are made by tracked courier. A signature may be required. If a delivery attempt fails, re-delivery or collection is arranged with the courier, and re-delivery charges may apply.

18.3 USB Makers may deliver in instalments where reasonable. Each instalment is invoiced separately.

18.4 If the Customer delays delivery or fails to accept goods, USB Makers may store them at the Customer's reasonable cost and risk.

18.5 USB Makers is not liable for delivery delay caused by events outside its reasonable control; section 25 applies to any liability that does arise. Delay entitles the Customer to cancel an Order for Custom Goods only where the delay is substantial and caused by USB Makers' failure.

19. International delivery

19.1 International delivery is available to most destinations; battery products, including power banks, are restricted to fewer countries under dangerous-goods rules. Details are on our international delivery page.

19.2 Unless otherwise agreed in writing, the Customer (or its consignee) is the importer of record and is responsible for import duties, taxes, customs clearance and compliance with local product regulations in the destination country.

19.3 International delivery estimates exclude time in customs; USB Makers is not responsible for customs delays.

19.4 USB Makers will not supply Goods where supply would breach United Kingdom, United Nations or other applicable sanctions or export controls. The Customer confirms that it will not re-export or resell Goods to any sanctioned territory or person.

20. Inspection, shortages and damage

20.1 The Customer should inspect goods promptly on delivery and note visible transit damage with the courier where possible.

20.2 Damage, shortages, missing cartons or incorrect products must be reported within 3 Working Days (visible damage or missing cartons) or 5 Working Days (shortages or incorrect products) of delivery, by telephone on 0800 130 3366 or by email to customer-services@usbmakers.com, with the order number, photographs and the quantities affected.

20.3 The Customer should retain the goods and packaging as received and must not dispose of them until USB Makers has had a reasonable opportunity to inspect or arrange collection. Returns require prior authorisation under section 22.

20.4 Late notification does not automatically invalidate a claim, but claims that could not reasonably be investigated because of late notice may be reduced or declined. [LEGAL REVIEW: EFFECT OF LATE NOTIFICATION]

21. Defective goods and remedies

21.1 Goods are defective if they fail to conform in a material respect to the approved Visual Proof and Specification, allowing for the tolerances in section 11, or if they fail to meet the standards implied by law.

21.2 USB Makers will investigate reported defects promptly and may request photographs, sample units or return of affected goods for testing, with the Customer's reasonable cooperation.

21.3 Where goods are defective, USB Makers will, as appropriate to the defect: repair the goods, replace or reproduce the affected units, or refund or credit their price. Remedies will be proportionate to the defect and agreed with the Customer.

21.4 This section does not apply to faults arising from misuse, accidental damage, incorrect storage, unauthorised modification, use with incompatible equipment or normal wear.

22. Returns

22.1 Because most Goods are produced to order, returns of correctly produced Custom Goods are not normally accepted. This does not affect the remedies in sections 20 and 21 for defective, damaged or incorrect goods, or consumer statutory rights where they apply.

22.2 All returns require prior authorisation. Authorised returns must be adequately packed; USB Makers will confirm the return method and who bears the return cost when authorising the return.

22.3 Non-custom stock items are not accepted for change-of-mind returns; the claims process in sections 20 and 21 applies to all goods.

22.4 The full returns procedure is described in our Returns Policy. If these terms and the Returns Policy conflict, these terms prevail unless the Returns Policy expressly states otherwise.

23. Risk and ownership

23.1 Risk in the goods passes to the Customer on delivery, or, where the Customer collects, when the goods are made available for collection.

23.2 Ownership of the goods passes only when USB Makers has received in cleared funds all sums due for the goods and all other sums due from the Customer on any account.

23.3 Until ownership passes, the Customer must store the goods identifiably as USB Makers' property, keep them insured, and not pledge or charge them. The Customer may use or distribute them in the ordinary course of business; this permission ends on non-payment or insolvency.

23.4 If payment is not made when due, USB Makers may require the Customer to deliver up unpaid goods and may, with reasonable notice and as permitted by law, enter premises where they are stored to recover them. [LEGAL REVIEW: RETENTION OF TITLE]

24. Warranties

24.1 USB drives are supplied with a warranty of 10 years from delivery, covering failure of the memory and functional components in normal use. Power banks, chargers and other electronic products are supplied with a warranty of 2 years from delivery.

24.2 The warranty does not cover: accidental damage, misuse, liquid damage, unauthorised modification, normal wear (including branding wear consistent with use), battery degradation consistent with age and use, data stored on a device, or incompatibility with specific third-party hardware or software.

24.3 Warranty claims should be made through the contact details in section 33 with the order number and a description of the fault. Remedies are repair or replacement of the affected unit, or a credit or refund where neither is practicable. Replacement units carry the remainder of the original warranty period.

24.4 These warranties are in addition to the Customer's other rights under the Contract and, where the Customer is a consumer, its statutory rights.

25. Liability

25.1 Nothing in these terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; or any other liability that cannot lawfully be excluded or limited.

25.2 Subject to clause 25.1, USB Makers' total liability under or in connection with a Contract, in contract, tort (including negligence) or otherwise, is limited to the price paid for the affected Order.

25.3 Subject to clause 25.1, USB Makers is not liable for: loss of profit, revenue, business, goodwill, anticipated savings or opportunity; business interruption; or indirect or consequential loss.

25.4 The Customer is responsible for keeping backup copies of all files supplied to USB Makers. Subject to clause 25.1, USB Makers is not liable for loss of data contained in customer-supplied files, and its liability in connection with data-preloading services is limited to re-performing the service or refunding the charge for it.

25.5 The Customer must take reasonable steps to mitigate any loss. Where more than one claim arises from the same event, they are treated as a single claim for the purposes of clause 25.2.

25.6 [LEGAL REVIEW REQUIRED: ENTIRE LIABILITY SECTION]

26. Force majeure

26.1 USB Makers is not in breach of Contract or liable for delay or failure caused by events beyond its reasonable control, including natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, sanctions, port or customs disruption, industrial action, carrier disruption, power or telecommunications failure, cyber incident beyond its reasonable control, factory closure, material shortages, or failure of a supplier caused by such an event.

26.2 USB Makers will notify the Customer promptly, take reasonable steps to mitigate, and resume performance as soon as reasonably possible. Affected dates are extended by a reasonable period.

26.3 If the event continues for more than [60] days, either party may terminate the affected Contract on written notice. The Customer remains responsible for paying for work completed and bespoke materials already purchased for the Order. Payment obligations for goods already delivered are not suspended by this section.

27. Confidentiality

27.1 Each party will keep confidential the other's confidential information received in connection with the Contract, including unreleased designs, pricing, campaign details, prototypes and preloaded data, and will use it only to perform the Contract.

27.2 This does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or required to be disclosed by law. Disclosure is permitted to employees, subcontractors and advisers who need it and are bound by equivalent obligations.

27.3 Separate non-disclosure agreements are signed on request.

28. Data protection

28.1 Each party will comply with the UK GDPR and the Data Protection Act 2018 in connection with the Contract.

28.2 USB Makers processes Customer contact and account information as a controller, as described in our Privacy Policy.

28.3 Credit account applications are assessed using the information you provide and publicly available company information; we do not search credit reference agencies.

28.4 Where USB Makers processes personal data contained in customer-supplied files as part of data-preloading services, it does so as a processor on the Customer's documented instructions, under the data-processing terms agreed for the Order.

28.5 Delivery details are shared with couriers, and payment details with payment providers, to the extent needed to perform the Contract.

29. Website and quotation errors

29.1 USB Makers takes care to keep the Website, catalogues and Quotations accurate, but typographical and obvious pricing errors can occur.

29.2 If an obvious error is identified before a Contract is formed, USB Makers may correct it and reissue the Quotation. If a material error is identified afterwards, USB Makers will contact the Customer, who may proceed at the corrected price or cancel the affected Order with a refund of sums paid for undelivered goods.

29.3 This section does not permit retrospective changes to an agreed price except as described above.

30. Suspension and termination

30.1 USB Makers may suspend work where payment is overdue, where required information, Artwork or approvals remain outstanding after reasonable reminders, or where continuing would be unlawful.

30.2 Either party may terminate a Contract by written notice if the other commits a material breach and fails to remedy it within 14 days of written notice, or becomes insolvent.

30.3 On termination: the Customer pays for work completed and costs reasonably committed; USB Makers refunds sums paid for work not performed; each party returns or deletes the other's materials on request, subject to legal retention requirements; accrued rights are unaffected; and sections 13, 23, 25, 27, 28 and 32 survive.

31. General legal provisions

31.1 Entire agreement: the Contract is the entire agreement for the Order and supersedes prior discussions. Nothing in this clause limits liability for fraud.

31.2 Variation and waiver: variations must be in writing; a delay in enforcing a right is not a waiver of it.

31.3 Severance: if a provision is found unenforceable, the remainder continues in effect, and the provision applies with the minimum modification needed to make it enforceable.

31.4 Assignment and subcontracting: the Customer may not assign the Contract without USB Makers' written consent, except within its corporate group. USB Makers may subcontract production and delivery but remains responsible for its subcontractors.

31.5 Third-party rights: no one other than the parties may enforce the Contract under the Contracts (Rights of Third Parties) Act 1999.

31.6 Notices: formal notices must be in writing, by post or email, to the addresses in section 33. Email notices are effective on the next Working Day after sending, absent a delivery failure. Electronic signatures and email approvals are valid.

31.7 [LEGAL REVIEW REQUIRED: GENERAL LEGAL PROVISIONS]

32. Governing law and jurisdiction

32.1 These terms and each Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the law of England and Wales.

32.2 The courts of England and Wales have exclusive jurisdiction over any such dispute or claim. [LEGAL REVIEW REQUIRED]

32.3 If you deal with us as a consumer, this section does not deprive you of the protection of mandatory consumer rules, and you may bring proceedings in the courts of your home country within the United Kingdom.

33. Contact information