Terms and Conditions
www.npeal.com is the eCommerce Website of N.Peal (Retail) Ltd (the "Company"), a company registered in England and Wales with registered address The Vineries, Broughton Hall Estate, Broughton, Skipton, North Yorkshire BD23 3AE
Company Registration Number: 06027737. VAT Number: 902 8262 40.
Please contact our customer care team should you have any questions concerning these Conditions: firstname.lastname@example.org.
WHY ARE THESE TERMS AND CONDITIONS IMPORTANT?
You should print a copy of these Conditions or save them to your computer for future reference. Please note that these Conditions, and any contract between us, are only available in the English language.
OUR RIGHT TO VARY THESE CONDITIONS
We reserve the right to amend these Conditions from time to time as is deemed necessary, so please do check before ordering that you are comfortable with the Conditions which apply at the time. These Conditions were most recently updated on 30th May 2016. Should you not agree with any of the Conditions as shown at any time, you should cease using the Website.
USE OF OUR WEBSITE
You are provided with access to this Website in accordance with these Conditions. By using our Website, you confirm that you accept these Conditions and that you agree to comply with them. Use of our Website includes accessing, browsing, or registering to use our Website. If you do not agree to these Conditions, you must not use our Website.
CHANGES TO OUR WEBSITE
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
ACCESSING OUR WEBSITE
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions and that they comply with them.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
INTELLECTUAL PROPERTY RIGHTS
All rights in the design, intellectual property and information on the Website are owned by us or our parent company, and are protected as appropriate by copyright, trademarks and other intellectual property rights. All material and content contained on the Website is for your personal non-commercial use only.
We strictly prohibit the reproduction, modification, distribution or incorporation into any other work of any or all of the material available on the Website except in so far as you may:
- Copy, print or download extracts of material from the Website for the sole purpose of using the Website in good faith for domestic purposes or for placing an order through the Website; or
- Copy, print or download extracts of material from the Website for the sole purpose of sending to individual third parties for their personal information provided that no commercial advantage or benefit is sought from so doing, and that you acknowledge us as the source of the material and you inform the third party that they must comply with the Conditions.
Any other use of the material and content and material of the Website is strictly prohibited and you agree not to nor assist in any such facilitation to copy, reproduce, transmit, publish, display, distribute or otherwise commercially exploit or create derivative works of such material and content.
All contents on pages of the Website, without exception, are the copyright trademarks or registered trademarks of N.Peal (Retail) Ltd. or Watersprite Ltd. or our suppliers or that of other third party partners. All Rights Reserved. You will be responsible for any breach of these Conditions and will reimburse us for any loss caused as a result of your misuse.
“N.Peal” is a registered trade mark of N.Peal (Retail) Ltd. and its parent company Watersprite Ltd
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. We make no warranties, either express or implied, as to the Website's accuracy, nor in relation to any transaction undertaken on or through the Website included but not limited to implied warranties of non-infringement, compatibility, security, accuracy or completeness.
Although we seek to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the content on our Website is accurate, complete or up-to-date.
LIMITATION OF LIABILITY
The Company reserves the right to withdraw or modify at any time the Website, or any part thereof, with or without notice, and will not be liable to you nor any third party in respect of any such modifications or withdrawals. Your continued usage of the Website after any such changes shall be deemed to be acceptance of such change.
As permissible under applicable law we disclaim any and all warranties of any kind in relation to the products. Your statutory rights as a consumer are not affected nor are your right of cancellation under the contract.
We are not liable in contract, tort including without limitation negligence, pre-contract or other representations (other than misrepresentations that may be deemed negligent or fraudulent) or otherwise out of or in connection with the Conditions for any economic losses including without limitation loss of revenue, profit, contracts, business or savings; loss of goodwill or reputation; loss of data; loss of anticipated savings; any indirect or other losses suffered or incurred by any party arising out of or in connection with the provisions of the Conditions.
The Conditions do not exclude nor limit our liability for death or personal injury resulting from our negligence or that of our directors, employees or agents.
In addition you agree to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liabilities, damages, losses, costs and expenses including reasonable legal fees arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website or by any other person accessing the Website using your account or personal information.
We bear no responsibility or liability for your use of other Websites you may access via links within this Website that we do not control nor have responsibility for the content. Such links are provided as a service and their inclusion does not indicate any endorsement nor affiliation with such website.
Any liability incurred by the Company in connection with any contract for our products to which the Conditions may apply shall not exceed the price of the products.
We shall not be liable to you nor deemed to be in breach of any contract with you or the Conditions by reason of any delay in performing or failing to perform any obligations in relation to the products ordered by you, if the delay or failure was due to any cause beyond our reasonable control.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
PLACING AN ORDER
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
When you place an order on the Website, you make an offer to us to purchase the goods shown in your order. You will receive the following communications from us:
- When an order is placed, you will receive an email from us acknowledging that we have received your order. Please note that this is not a confirmation that your offer to purchase the goods has been accepted.
- We will confirm our acceptance to you by sending you an email detailing the items you have purchased, together with confirmation that payment has been debited from the method of payment you have provided.
When your order is despatched you will receive an email with confirmation of the items despatched, the despatch method, anticipated delivery timeline, and delivery tracking information.
You may only purchase products from our Website if you are at least 18 years old.
By using the Website you warrant that any payment method used is your own and that there is sufficient credit to cover payment of the order placed.
We reserve the right to end any contract with you should you breach any of the Conditions herein or fail to make payment when due, or should we have reasonable cause to suspect you have or are about to engage in any fraudulent or illegal activity. We will suspend or terminate access to the Website accordingly and at any time, should we consider this to be necessary, and in the best interests of the Company.
PRICES AND STOCK AVAILABILITY
All prices are quoted in GB pounds sterling and are correct at the time of publication, and are inclusive of UK Value Added Tax. Prices can also be displayed in U.S dollars (USD) and Euros (EUR). Product sold and delivered outside of the European Union does not include an element of VAT and is sold at the price shown on the website. The final price will be shown in checkout before you place your order.
If an order is delivered overseas we will in many cases be responsible for the payment of any customs or import duties levied once the package reaches the destination country, and where we can we send orders on a Delivery Duty Paid (DDP) service. However this is not possible in all countries, so please check our Delivery & Returns page for the list of countries where we have to use a Delivery Duty Unpaid (DDU) service. Please note that we have no control over these charges and we cannot predict their amount and in these instances any costs incurred by you cannot be refunded. Please contact your local customs office for further information before placing your order.
We endeavour to display on the Website all items in our current range and to hold stock of all styles as shown. Please note that the packaging of the products may vary from that shown on the images on our Website.
If we are unable to supply you with a product, for example because the product is not in stock or no longer available or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for your products, we will refund you the full amount as soon as possible.
WHAT HAPPENS AFTER PLACING AN ORDER
We use all reasonable endeavours to ensure that product descriptions, specifications and photographs are as clear and accurate as possible but these are not intended to be binding and can only provide a general description of the products for sale. Colour reproduction, material description and dimensions will provide a close representation, but we will not accept any responsibility for any variation in size, material or colour caused by browser software, monitor colour contrasts or computer systems used by you. However, we do offer a comprehensive refund and exchange policy and on the understanding that you return any such goods to us in line with our Returns Policy within the Conditions, you will receive your money back.
We make every effort to deliver within the timescales promised on the Website and in further communications with you after an order has been placed. However, at times things do happen that are outside of our control and we will not be liable for any losses caused to you by late or missing delivery.
Our courier company will provide delivery to the address stated on the order. If we receive returned orders that cannot be delivered due to an incomplete or incorrect address or because of customer failure to contact the courier company or collect the goods from the depot when requested, we will refund the cost of the product less any and all delivery costs incurred by us in sending out the goods plus any additional costs incurred to return the goods to us by the courier company.
RETURNS AND EXCHANGE POLICY
We hope that you will be delighted with the goods you have purchased from us but with our returns and exchange policy you can feel confident in buying from us, knowing that you can return goods if they are not suitable in any way or are not as expected.
If you would like to return your purchases for any reason, you are able to do so within 28 days of receipt. We are happy to offer you an exchange, or if you wish, a refund, provided that the goods are returned intact and in the same condition as when they were received and are in their original packaging with any prices or tags still attached.
Goods received back for return or exchange outside of these Conditions may be accepted at the discretion of the Company, refunds may then be made as a credit for use with the Company.
Please note that products will be your responsibility from the completion of the delivery. We accept no responsibility for any damage or loss to the Products after risk passes.
Our returns policy does not affect your legal and statutory consumer rights.
HOW TO RETURN GOODS
All N.Peal items are made to the highest quality however if you find an item you have purchased is unsatisfactory, you can return it within 28 days of receipt for a refund. Alternatively if you wish to exchange it for a more suitable size or colour we can also arrange this for you. To arrange a return please contact our customer service department on +44 (0) 207 409 0908 or firstname.lastname@example.org (Monday–Saturday 10am–6pm, Sunday 11am–5pm).
Returning a UK order
For UK orders we offer a FREE returns and exchange service if made via our courier, however if you return via the post office you must do this at your own cost.
Returning an order from outside the UK
We regret that due to the increased charges for returning items from outside the UK, returns for ALL international orders must be made at your own cost.
Note: As we trade in GBP and due to changes in international exchange rates, some refunds for international orders may vary slightly to the initial order value.
Damaged or Faulty Goods
If the Products delivered are defective, not what you ordered, or damaged on delivery please notify us straight away and in any event within 3 days of delivery and we will arrange for the Products to be collected. If, on its arrival, the box is damaged then we advise that you do not sign for it and then notify us of this. You should keep your delivery note.
We will repair, replace or refund you for the price paid for any Products which are found to be incorrect or damaged or defective on delivery.
If you opt to exchange the Products, any additional payments must be included with the returned Products. Replacement Products will not be dispatched until such payment has been received.
Please do ensure that you return the damaged or faulty goods in the original packaging as you received them to the Returns address specified above. Once our warehouse has received and inspected the goods, a refund, including delivery charges, or replacement, will be arranged at our expense.
A gift can be returned in line with the standard policy within the Conditions. Refunds can only be made to the payment method used for the original purchase. We can exchange items, however, an email will be sent to the person who placed the order to confirm the exchange or refund.
YOUR RIGHT TO CANCEL
Although we expect that you will be delighted with your purchase, in line with the United Kingdom’s consumer legislation including the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, you do have a right to cancel your order in writing by emailing email@example.com. To exercise the right to cancel, you must inform us of your decision to cancel before the cancellation period has expired. Please let us know your name, address and the date on which you received your order, your order reference will also help us.
Your legal right to cancel a contract starts from the date of the dispatch confirmation, which is when the contract between us is formed. You have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day after the day you received the Products. You will receive a full refund of the price you paid for the Products and any standard delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of us having received the returned goods from you.
Please note that we are not able to refund you for any non-standard delivery costs. If you wish to cancel your order, you must return the Products without undue delay and in any event, no longer than 14 days from the date of notifying us that you wish to cancel the contract.
UK DELIVERY POLICY
Please refer to our Delivery & Returns page for more information about our delivery costs, times and methods.
We are a UK based Website operating within the UK. Purchases on the Website can be made securely using Visa, Mastercard, Maestro, JCB, Diners, Discover, AMEX or PayPal. All payments are processed in pounds Sterling (GBP) or if you select a different currency this can be in U.S dollars (USD or Euros (EUR). Payment for the products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
All payments are verified and processed by a secure 3rd party payment service provider and this includes screening against fraud. If for any reason your payment is rejected as part of our checkout process please verify you have entered all billing and payment information correctly and if this is the case then you should contact your bank or card issuer
International credit card providers or banks outside of the UK will determine their own exchange rates and charges that you will be liable to pay. We have no control over such rates and charges and you should check with your issuing bank you should you have any such questions.
CUSTOMER SERVICE & HOW TO CONTACT US
Our aim is to ensure that you are completely delighted with your viewing of this Website and shopping experience, with our products and with our service. However, we are here to help in any way we can with all aspects of our products and service, and if you feel can improve in any way we would be pleased to hear from you.
All the information you need on our products and service can be found on the Website but our customer team can provide help in finding the right product for your needs, in placing an order, arranging an exchange or return, tracking your order progress, and with any other questions you may have. You can find their contact details on our contact page.
OTHER IMPORTANT TERMS
These Conditions and your use of the Website are governed by English law. This means that a contract for the purchase of products through the Website 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, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. This does not affect any applicable statutory rights.
The Website and these Conditions are intended for use within the United Kingdom and although we are delighted to be of service to customers from outside of the United Kingdom we can give no warranty, either express or implied, that the use of the Website or the placing of any order through the Website from outside of the UK, complies with any applicable non UK laws or regulations.
N.Peal (Retail) Ltd. may transfer or assign all or any rights or obligations under the Conditions to any third party. You may not transfer nor assign all or any rights or obligations under the Conditions to any third party without our express written permission.
No person who is not a party to the Conditions shall have any rights to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in the Conditions is intended nor shall affect any statutory legal rights that may not be legally excluded.
The limitations of liability in the Conditions shall apply equally for the benefit of any associated company of N.Peal (Retail) Ltd. as if references to N.Peal (Retail) Ltd. and the Website included references to each associated company.
In the unlikely event of any part or provision of the Conditions becomes void or unenforceable it does not mean the whole contract is unenforceable, all other parts or clauses within the Conditions remain as severable and surviving.
YOUR EXPECTATIONS AND RIGHTS
Should any of the Conditions be broken by you or if any liabilities are incurred as a result of your use of the Website you are liable for any and all costs arising that we or our officers, directors, employees, agents and suppliers incur as a result of any breach including reasonable legal fees if applicable.
Should any other person use your account and/or personal information with us you remain liable unless you are able to prove that such use was fraudulent.
We have tried to make this Website accessible for all users by working to the checkpoints 1 & 2 from the Web Content Accessibility Guidelines 1.0 by W3C. Please contact us if you have any concerns or issues using the Website.
We are unable to retrospectively discount any items which have been bought at full price if they are subsequently discounted. The price you have paid for your goods at checkout is final.
If you wish to take advantage of any new discounted prices you will need to return your goods and re-order at the new discounted price.