1. This website is operated by Simply Neckers. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Simply Neckers.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
15. Simply Neckers is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible. This will be to inform you of the error, and to ask you if you wish to continue with the order, or to cancel the order.
16. All prices and charges on this site are shown in pounds sterling. They include any VAT payable, but exclude delivery charges.
17. The total cost of your order will be the price of the products you order, any additional services you choose (e.g. Saturday delivery), plus the applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.
18. Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable, we may offer you an alternative but will contact you prior to dispatch.
19. We accept payment by MasterCard, Visa, Delta and Maestro. Payment is deducted when you place your order.
MODIFICATIONS TO OUR SERVICE AND PRICING
20. Prices for items are subject to change without notice.
21. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
22. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
23. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
24. All deliveries will be via First Class Royal Mail, Parcel Post Royal Mail or Courier depending on size, value and/or weight of the purchase.
25. The contents of your order and your delivery postcode area will determine which delivery services you will be offered.
26. We do not deliver to Post Office (P.O.) boxes or shipping agent addresses.
27. Please be aware that selecting Courier does not guarantee you a next day delivery, neither does it indicate that your order will be treated any more urgently than any other shipping method.
28. Whilst we will try to keep to your preferred delivery option, from time to time we may change this as necessary. If we need to charge you more for this then we will contact you beforehand to make you aware, and ask if you wish to proceed with your order.
29. Your delivery may arrive in more than one batch to ensure your order is transported in the best possible way or to get items to you quicker.
30. Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. We also cannot compensate for expenses incurred by travel to/from a depot. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer.
31. The customer is responsible for providing a full & valid address including street, building name & number, city & country as well as a contact phone number. It is of vital importance that all address details are properly formatted. Postal Codes should always be in capital letters and include a space where required. We take no responsibility for wrongly formatted adresses or having to manually reformat a provided address. No refund is given for non, or wrong delivery in any of these cases.
32. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
33. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
34. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
35. Items ordered with your personalisation can only be cancelled if they have not been made, regardless if they have been dispatched.
36. Please ensure that all details entered for personalised items are as you require them. We cannot accept responsibility for errors, e.g. spelling mistakes, wrong colour selected, made by you.
37. It is your responsibility to ensure the correct colours are ordered, we can send out colour swatches to you in advance of placing an order for matching purposes. We will not replace orders where you have selected the wrong colour for your needs.
38. We always aim to get personalised items out quickly, however please note that as these items are personal to you that they may take slightly longer than normal 'plain' items.
39. Custom necker orders, including but not limited to, bordered, half and half and embroidered take approximately four weeks from the order being placed along with the confirmation of colours required. Please note that as these items are made specifically for your use, that once an order is placed we cannot cancel the order.
40. From time to time necker orders may take longer then 4 weeks to arrive, this can be due to an unexpectedly high quantity of a certain colour of necker being ordered, resulting in a new batch of material needing to be dyed. Other reasons may occur of which we will try to make you aware as necessary.
41. If an order has been produced in error by us, you must inform us immediately, and within 14 days of receipt.
LIABILITY AND INDEMNITY
42. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
43. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
44. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
46. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
47. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
48. Additional terms and conditions may apply for prize competitions, online bidding, pre-release orders and our added value services and offers. If so, you will be alerted to them at the relevant juncture.
49. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Simply Neckers website.