FREE DELIVERY IN MAINLAND UK

Title Image

Terms of Sale

Home / Terms of Sale

Definitions

“Us/We/Our” – N.Were Designs operating out of Quex Craft Village, Quex Park Estate, Park Lane, Birchington, Kent, CT7 OBH.

“Website” – nweredesigns.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

i. 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.

ii. These terms govern our relationship with you and in accepting them you confirm that no other arrangement, agreement or representation applies.

iii. If we agree to vary any of the terms, the variation must be in writing and confirmed by a duly authorised representative.

iv. 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.

v. Dispatch times may vary according to availability and production time.

vi. 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.

vii. In order to enter into a contract with N.Were Designs – 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.

viii. N.Were Designs retains the right to refuse any request made by you, and N.Were Designs reserves the right to close your N.Were Designs account at its sole discretion.

ix. If your order is accepted we will inform you by e-email and we will confirm the identity of the party which you have contracted with. This will usually be N.Were Designs or may in some cases be a third party. Where a contract is made with a third party N.Were Designs 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.

x. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

xi. 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.

xii. 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.

xiii. 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.

3. Ordering goods online

i. When you place an order, you will receive an acknowledgement e-mail 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.

ii. 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.

iii. 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.

iv. 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

i. The price of goods quoted on our website exclude VAT (Value Added Tax).

ii. All published prices are subject to change at any time without notice.

iii. 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.

iv. 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.

v. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

vi. 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. Privacy

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. More information about our privacy policy can be found here.

6. Payment

i. All payment for goods and for the cost of packaging and delivery must be made before the products are delivered.

ii. 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.

iii. Goods will not be dispatched until your card has been debited and payment for the product complete.

7. Manufacturing

i. N.Were Designs does not mass produce or outsource its products. Everything is hand made, unique and manufactured in the UK. You acknowledge that the manufacturing process may take up to 45 days.

ii. 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. Delivery

i. Upon the successful manufacturing and production of your product, we will give you an estimated delivery date for the Goods. Please note that no times or dates provided by us are guaranteed.

ii. We will arrange for packing and decide on the method of delivery either by post, courier or otherwise.

iii. 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.

iv. Unless otherwise agreed, the delivery conditions that apply can be found here.

9. Cancellations

i. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you receive the Goods (or a third party indicated by you receives them). In the case of multiple deliveries under a single order, the cancellation period runs from receipt of the last delivery.

ii. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, e.g. a letter sent by post, or e-mail to the following address:

N.Were Designs
Quex Craft Village,
Quex Park Estate,
Park Lane,
Birchington,
Kent, CT7 OBH.

or

returns@nweredesigns.com

iii. You must communicate your decision to cancel the Contract to us before the cancellation period has expired.

iv. You must take reasonable care of all Goods in your possession and return them to us, at your expense, appropriately packaged to avoid damage, within 14 days following the cancellation date.

v. If you cancel this Contract, we will refund all payments received from you. We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.

vi. We will make the refund without undue delay, and not later than (a) 14 days after the day we receive back from you the goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

vii. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund

viii. In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.

ix. Bespoke products and customised orders are non refundable – unless they are faulty and fail to give reasonable wear due to either defective workmanship or materials.

10. Risk and ownership

i. 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.

ii. Ownership in all goods remains with us until full payment of all amounts due to us has been received from you.

iii. You will be responsible for the safe custody and insurance of all Goods in your possession.

iv. You have no right to re-sell any goods until payment has been received in full by us.

11. Warranties and liabilities

i. 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).

ii. We will not have any responsibility for any damage which occurs to the goods after you receive them.

iii. 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.

iv. 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.

v. 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. Notices

If you wish to give us any notice relating to a matter covered by these terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to customerservices@nweredesigns.com and you must send them so as to return an acknowledgement of receipt.

13. Discount Codes

i. 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.

ii. The conditions of use relating to any discount code will be specified at the time of issue.

iii. Only one promotion code can be used per order. A promotional code can’t be used after an order has been placed.

iv. A promotion code can’t be used after an order has been placed.

v. If the promotional code has expired, then you shouldn’t try to use it. Also you can’t swap your promotional code for cash.

vi. 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.

vii. 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.

viii. 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.

ix. 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.

x. Don’t use a promotional code to buy discounted products from N.Were Designs, and then sell them on for a higher price to make yourself a bit of extra money.

xi. 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.

14. Customer default

If you:

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.

15. 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.

16. 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.

17. Disputes

i. 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.

ii. Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.

18. Governing Law

These Terms and the Contract between us are governed by English law.