1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Contract means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached hereto;
Goods means the goods and/or services which we shall supply in accordance with these Conditions, details of which are set out overleaf;
We means TheNEXTcC(TheNEXTCreativeClothes) Company and “us” and “our” shall be construed accordingly;
You means the customer whose details are set out overleaf, and “your” shall be construed accordingly.
1.2 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
2. BASIS OF SALE
2.1 These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone or through our website to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. These Conditions set out the entire agreement to the exclusion of all other terms and conditions.
2.2 We do not have, employ nor authorised any agent or employee to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
2.3 We do not make delivery of any good/s purchased by you from us, each item of good purchased by you shall be delivered to you by a chosen carrier. We shall not be responsible for any lost item during delivery attempt unless confirmed by the carrier that the item was not delivered and that it is missing/lost and undeliverable in which case we shall proceed to make a refund to you using the same account details that was use during the purchase of the said item. In the process of verifying whether the item was missing/lost or undeliverable you shall in no wise be entitled to treat the contract of the purchased item in question as repudiated. If after verifications the carrier confirms to be able to deliver or reattempt delivery of your purchased item we shall not be compelled to make any refund to you regarding the item in question, but if the item returns to us as undeliverable then we would try to make an alternative arrangement to redeliver your good/s.
2.4 All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
ORDERS AND SPECIFICATIONS
3.1 Your order is not deemed accepted by us until we send you an email notifying you that the items have been dispatched to you, therefore no order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us in this way. All orders are subject to availability and on a first-come first-served basis. Goods cannot be reserved, and we reserve the right to refuse to accept an order.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be our quoted price. All prices and price information were correct at the time of publishing, and are subject to change without notice. The quoted prices are for online or telephone purchases only, and may not be the same as in our mail order catalogues and sales ranges.
4.2 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
4.3 Except as otherwise agreed in writing by us, all prices are given by us, and you by continuing to the check point you agree to be liable to pay for postage charges, packaging and insurance charges if applied by the carrier.
4.4 The price might be exclusive of any applicable value added tax which you shall automatically be liable to pay to us. Any changes in the rate of value added tax will result in an automatic change in our quoted prices.
4.5 We reserve the right to alter the specifications of our products as necessary and offer an equivalent of what our wholesale supplier supply us with.
5. TERMS OF PAYMENT
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the right to:
(a) cancel the Contract or
(b) suspend delivery to you until payment is cleared into the business’s account.
6.1 We will endeavour to dispatch the Goods within ten(10) working days. In most instances dispatch will be sooner. You will receive a notification at the time of ordering what the expected dispatch date is.
6.2 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.3 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. Your Good/s may be delivered to you in advance of the quoted delivery date by the carrier.
6.4 If you fail to take delivery of the Good/s or fail to give us correct and adequate delivery instructions at the time stated for delivery then we reserve the right to:
(a) store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered to you by the carrier at the time of delivery or, if you fail to take delivery of the Goods, the time when the carrier has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the legal and equitable property in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, we shall in no wise make or attempt to make any refund to to you.
10.1 We will not be liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure to due to act cause beyond our reasonable control.
10.2 These Conditions do not purport to confer a benefit on any third party.
10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
11. YOUR RIGHT TO CANCEL
11.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within ten working days of us notifying to you our acceptance of your order.
11.2 If you wish to cancel before the Goods are dispatched, but after it has been processed by us we reserve the right to charge a 15% restocking fee from the total value of the Goods. Regular customers with whom we have a good working relationship may not be charged a 15% restocking fee.
11.3 If you wish to cancel after the Goods are dispatched, please return the Goods to us indicating whether you require an exchange or refund. Please refer to our
12. EX CHAINSTORE AND BRANDED CLOTHING
12.1 Where goods are ex chainstore or branded, they are sold on the strict condition that store or brand labels are or may have been removed.
13. Coupon Code
13.1 Our coupon codes are applicable only to specific customer/s or potential customer/s who have been granted access to use any of our coupon code allocated to them. All coupon codes’ value are completely defined by us and shall be applicable only to qualified cart’s subtotal amount as defined by us in the coupon code’s minimum applicable value. Every coupon code allocated to you(the customer) must be used on or before the expiration date, no expired coupon code shall be redeemable or refundable except re-authorised or reactivated by us.
13.2 How to use the Coupon code
To use the coupon code that has been allocated to you, simply enter the code in the ‘coupon code’s box’ below the first total amount in your cart and then click on the ‘apply coupon’ button. At this point the coupon amount should automatically be deducted from the subtotal amount in your Cart totals.
13.3 Total amount less than the coupon’s minimum applicable amount?
A message would be displayed at the top of your cart summary ‘The minimum spend for this coupon is …£ amount.
13.4 Not sure whether to use your coupon code at this?
If you change your mind about using your coupon code simply click on the ‘remove’ at the right side of the coupon line to remove the coupon. Remember if you choose to remove your coupon code the full cart total amount will be calculated and payable should you proceed to checkout.