This page (together with the documents expressly referred to on it) tells you about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website at www.nelsonwere.com (“our site”) to you, in your capacity as a consumer.
The supply of Products to you is strictly not for commercial or business use or resale. If you would like to talk to us about becoming one of our authorised retailers, please contact us (1) on the contact details given below.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”) and replace any previous terms and conditions we may have uploaded to our site. Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.
Please note that by ordering any of our Products, you agree to be bound by these Terms and conditions and the other documents expressly referred to in them.
Please tick the relevant checkbox when prompted to confirm you accept the terms and conditions. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 21. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
“Us/We/Our” – N.Were Designs operating out of Quex Craft Village, Quex Park Estate, Park Lane, Birchington, Kent, CT7 OBH.
“Website” – nelsonwere.com which is operated by us.
“You/Your” – A user of this website.
“Product” – Any item advertised on this website.
“Goods” – Any product purchased by you from us.
“Order” – An order placed by you via this website for one or more products.
“Terms” – These terms and conditions
“Contract” – The contract between us and you for the sale and purchase of the goods which incorporate these terms.
“Personal Information” – All and any information provided by you in an order or when registering on any part of this website.
“UK” – England, Scotland, Wales, Northern Ireland and Isle of Man.
“International” – Countries outside of the UK.
1. In General
1.1 By placing an order with us you are offering to purchase a product and are subject to the following terms. All orders are subject to availability and confirmation of the order price.
1.2 These terms govern our relationship with you and in accepting them you confirm that no other arrangement, agreement or representation applies.
1.3 If we agree to vary any of the terms, the variation must be in writing and confirmed by a duly authorised representative.
1.4 If any term of this agreement is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.
1.5 Dispatch times may vary according to availability and production time.
1.6 In order to enter into a contract with Nelson Were – through the purchasing and payment of an item – you must be over 18 years of age, have a PayPal account and possess a valid credit or debit card.
1.7 Nelson Were retains the right to refuse any request made by you, and Nelson Were reserves the right to close your Nelson Were account at its sole discretion.
1.8 If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Nelson Were or may in some cases be a third party. Where a contract is made with a third party Nelson Were is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
1.9 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
1.10 Please be aware that some of the goods sold through our website may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
1.11 We reserve the right to assign any of our rights or obligations under the contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
1.12 The terms found on this page may be updated at any time. Therefore, it is advised that you check this page regularly in order to be aware of any changes that have been made to the terms. This is your responsibility as a user of the website.
1.13 This website contains links to other websites. N.Were Designs does not operate nor control these Linked Sites. Therefore, N.Were Designs accepts no responsibility for them or for any loss or damage incurred from your use of them. Your use of the linked sites will be subject to your own judgement and the agreement you enter into through their terms and conditions.
1.14 You may use this website provided you agree to the terms outlined on this page. If you use this website, you will be deemed to have accepted the terms. However, if you do not agree to the terms then you must not use this website.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary slightly due to the nature of the materials we use as they can vary slightly in thickness. In addition, you should note that we cannot guarantee a uniformed appearance to each Product as they are handmade from natural materials and slight imperfections may occur. These imperfections include (but are not limited to), the natural grain of the leather, texture and colour variations, natural wrinkles, markings and scars.
2.3 Due to the tanning and manufacture process some colour transfer may occur and water spotting may happen if the bag is exposed to rain – we cannot accept responsibility when this occurs.
2.4 The packaging of the Products may vary from that shown on images on our site.
2.5 All Products shown on our site are made to order. We will inform you by e-mail as soon as possible if we are unable to process your order.
3. Ordering goods online
3.1 When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
3.2 You confirm to us that all information which you are required to provide when ordering products online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.3 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the Goods.
3.4 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
4. Pricing and availability
4.1 The price of goods quoted on our website exclude VAT (Value Added Tax).
4.2 All published prices are subject to change at any time without notice.
4.3 Whilst we try to ensure that all details, descriptions and prices appearing on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 The cost of packaging and postage/carriage is shown separately; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. In the case of a special or overseas order you will be quoted by us on request and payable separately from the price of the goods.
4.5 We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
4.6 We reserve the right to refuse to fill any orders that you may place based on information on the service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5.1 All payment for goods and for the cost of packaging and delivery must be made before the products are delivered.
5.2 Payments online will be made via PayPal. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
5.3 Goods will not be dispatched until your card has been debited and payment for the product complete.
6.2 By using this website, you consent to the processing described therein.
6.3 If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
6.4 You pledge that all data provided by you is both accurate and up to date.
6.5 You are responsible for maintaining and updating your account information, and for it’s accuracy and completeness.
7.1 We do not mass produce or outsource our products. Everything is hand crafted, unique and manufactured in the UK. You acknowledge that the manufacturing process may take up to 45 days.
7.2 Manufacturing times for bespoke and/or customised items may extend beyond this 45 day period. After considering all manufacturing and design factors we will contact you with an estimated – in no ways binding – production time frame.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 18.2 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Please note that since our Products are hand-made to order, it will take approximately 3 working days for us to complete the manufacture and dispatch to you of your Products. Some exclusions apply, in which case, it will be noted in the product description. In some cases, it may take longer, in which case, we will notify you accordingly.
8.2 We will arrange for packing and decide on the method of delivery either by post, courier or otherwise.
8.3 Delivery will be completed when we deliver the Products to the address you gave us.
8.4 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or to the relevant delivery depot, in which case, please contact us to rearrange delivery, or if returned to depot, please contact the details given on the note.
8.5 The Products will be your responsibility from the point at which we first attempt delivery, whether you take delivery or not.
8.6 You own the Products once we have received payment in full, including all applicable delivery charges.
8.7 For multiple item orders, each item may be shipped separately.
8.8 You must notify us promptly and in any event within 48 hours or receipt of any goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
8.9 Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be held responsible. Information about our delivery times and charges can be found here.
8.10 For all international deliveries;
8.10.1 You will be responsible for payment of any such import duties, taxes and admin fees incurred. Please contact your local customs office for further information before placing your order.
8.10.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8.11 Unless otherwise agreed, the delivery conditions that apply can be found here.
9. Your Rights As A Consumer
9.1 The Consumer Protection (Distance Selling) Regulations 2000 act will apply to any Contract formed through our site where you are a consumer. These regulations entitle consumers to cancel an order during the period set out in clause 9.3 below, and receive a refund. There are exceptions to which this cancellation right does not apply, which include but are not limited to made-to-order or customised (for example, embossed) Products. All our Products are hand-made to order. Once you place an order for our Products, we will take that as your confirmation to us to commence making your Product, in which case you will no longer be able to cancel the Contract. Advice about your right to cancel is available from your local Citizens’ Advice Bureau.
9.2 There may be occasions when we are selling Products, which although they are hand-made, are not made specially to order (for example samples). These Products will be identified as such, so that you will know this is the case when you place your order. In this case, the right to cancel referred to in clause 9.1 above will apply. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.3 To cancel a Contract, please e-mail us as soon as possible after you have completed your transaction at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records.
9.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3. If you returned the Products to us because they were faulty or mis-described, please see clause 9.5.
9.5 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will either offer you a replacement Product or refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 We will refund you on the credit card or debit card used by you to pay.
9.7 If the Products were delivered to you:
9.7.1 you must return the Products to the Returns Department at the Head Office as soon as reasonably practicable;
9.7.2 unless the Products are faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us;
9.7.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.7.4 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
10. Risk and ownership
10.1 The risk of loss or damage to goods passes to you when you actually receive the goods (or when they are received by some third party that you identified to take possession of the goods). If you have agreed to collect the goods from us, the risk in those goods passes to you on collection by you or your carrier.
10.2 Ownership in all goods remains with us until full payment of all amounts due to us has been received from you.
10.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
10.4 You have no right to re-sell any goods until payment has been received in full by us.
11. Warranties and liabilities
11.1 We warrant to you that the goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
11.2 We will not have any responsibility for any damage which occurs to the goods after you receive them.
11.3 If any defect in any Goods appear within [6 months] of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
11.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the goods.
11.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
12. Discount Codes
12.1 We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
12.2 The conditions of use relating to any discount code will be specified at the time of issue.
12.3 Only one promotion code can be used per order. A promotional code can’t be used after an order has been placed.
12.4 A promotion code can’t be used after an order has been placed.
12.5 If the promotional code has expired, then you shouldn’t try to use it. Also you can’t swap your promotional code for cash.
12.6 If you’ve been given a promotional discount code, then it can only be used by you on your own N.Were Designs account for the purpose for which it was issued.
12.7 You shouldn’t pass your promotional code around to your friends/acquaintances, or post it in a forum – you should keep it confidential and only use it for your own purchases through the Website.
12.8 Look after your promotional code. We are not obliged to provide you with a replacement and abuse of the code if it inadvertently gets lost and used by someone else will result in its cancellation.
12.9 Brand or product category exclusions may also apply. We will let you know if the promotional code can’t be used against certain brands or product categories in your basket before you complete your purchase.
12.10 If you do use your promotional code in any of the ways listed above or in a way that we consider abuses the spirit in which the promotional code was issued, then we can cancel or withdraw your promotional code at any time, and without letting you know beforehand.
13. Customer default
1) Give us any incorrect personal information
2) Fail to make any payment when it is due
3) Cancel any payment
4) Become insolvent
5) Commit any breach of these Terms
Then we have the right to cancel the contract and recover possession of any goods which have been supplied for which payment has not been received in full.
14. Our Liability To You As A Consumer
This clause 14 only applies to you if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of our breach or if they are contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
15. Our Liability If You Are A Business
This clause 15 only applies if you are a business customer, purchasing the Products for internal use and not for resale.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4 defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings;
15.3.5 loss of goodwill; or
15.3.6 any indirect or consequential loss.
15.4 Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Communications Between Us
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to the N.Were Designs at the address given above and/or email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter (if posted using first class post and you are in the UK) or 10 days after the date of posting (if you are outside the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Force Majeure
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
18. Intellectual property
Where the goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those goods.
19.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
19.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
20. Other Important Terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 If any court or competent authority finds that any provision of a Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
20.5 If any invalid, unenforceable or illegal provision of a Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20.6 A waiver of any right or remedy under a Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
20.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, however we reserve the right to bring proceedings against customers in the countries of their residence.
20.8 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales, however we reserve the right to bring proceedings against customers in the countries of their residence.
21. Variation of Terms
21.1 We reserve the right to revise these Terms from time to time.
21.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
21.3 Whenever we revise these Terms in accordance with this clause 21, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
22.1 You will not misuse this website.
22.2 You will not commit any action that would constitute an offense under the Computer Misuse Act 1990. Any breach of this provision will constitute a criminal offence and N.Were Designs will be forced to report any such breach to the relevant law enforcement agencies.
23 Intellectual Property, Software and Content
23.1 All content on this website is property of N.Were Designs and is protected by copyright laws and treaties around the world.
23.2 You are not to copy, manipulate or distribute any of the content appearing on this Website – accept for personal use – nor may you use any such content in connection with any business or commercial enterprise.
23.3 No licence or consent is granted to you to use any of the marks, designs or brands associated with N.Were Designs in any way. You agree not to use these marks or any marks without the written permission of N.Were Designs.
23.4 All persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with N.Were Designs (unless expressly stated otherwise). Therefore, you should not rely on the existence of such a connection or affiliation.
23.4 Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to N.Were Designs or visa versa.
24. Nelson Were community areas and data submission
24.1 Content such as product reviews, questions and blog comments are owned by the relevant authors. However, N.Were Designs reserves the right to remove, use and edit any such content.
24.2 When you publish content or information in a Community Area please be aware that you are permitting everyone to access and associate that information with you (i.e. your username and profile picture of choice). Please use these Community Areas responsivley. We advise that you never reveal any information about yourself or anyone else that may lead to personal identification. We reserve the right to close any account at our discretion.
24.3 Nelson Were always appreciates your feedback and suggestions regarding our products and services. However, please be aware that we may use them without any obligation to compensate you. If you are not comfortable with this then please do not submit or share your contribution on the Community Areas.
25. Social Media
25.1 This Website will provide you with opportunities to share content, services and products through social media. These features may enable integration and/or access to your social media accounts. N.Were Designs does not control or have access to your accounts or the social media services that you are using. Please read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available.
25.2 Nelson Were is not responsible for anything associated to your social media service provider or for the consequences of using a feature deriving from their platform.
26. Linking to the Website
26.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
26.2 You must not establish a link to N.Were Designs in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
26.3 You must not establish a link from any website that is not owned by you.
26.4 This Website must not be framed on any other site, nor may you create a link to any part of this website other than the home page.
26.5 We reserve the right to withdraw linking permission without notice.
We care about what our customers have to say and operate a complaints handling procedure which aims to resolve all descrepenices as quickly, fairly and efficiently as possible. If you have any complaints or comments then please let us know.
28 Entire Agreement
The above terms and conditions supersede any and all preceding agreements and constitute the entire agreement between you and N.Were Designs.