Terms and Conditions
1. These Terms of Services (“Terms”) are entered into between us, N Palmer Ltd (Company Number 12785358) (“we”, “our”, or “us”), and you, the customer.
2. These Terms are incorporated into any agreement, discussion or transaction between us – including (but not limited to) orders placed through our website www.n-palmer.com, by telephone, in writing, social media or face-to-face. By transacting with us you confirm that you have read and agree to be bound by these Terms.
3. You should read these terms before placing an order. If you have any questions let us know and we’re happy to help.
Entering Into Contract
4. We accept your order when we issue written confirmation (normally by email) that we accept the request you have made. Unless you have received this written confirmation from us expressly stating that your order has been accepted, no contract or legal relationship is formed and there are no legal obligations in place.
5. Once we accept your order, these Terms (and any specific terms agreed between you and us) are automatically incorporated into the order and form the basis of our contract.
6. So please ensure that you are happy with everything before submitting your[NP1] [ca2] order. Once we accept an order we cannot provide a refund or replacement except in very limited circumstances because our products are made to order.
7. By placing an order you confirm that you have the capacity and intention to do so, and/or the permission of the paying party.
8. Orders may only be placed by private consumers, for personal use and/or consumption. We reserve the right to cancel and/or refuse to fulfil orders (even after we accept them) where (in our reasonable opinion) the order is made for non-private use or purposes.
9. Accepting an order is at our discretion – and we may decline an order without reason (and at any time, even once we start to process it). We may decline in circumstances including (but not limited to) our capacity (and intentions) to make the order, availability of material, and our ability to deliver the order.
10. At any time if we reasonably believe that an order has been placed in error or in contravention of these Terms (such as for commercial purposes), we are entitled to cancel the order and refund any monies paid (and therefore end any contractual relationship and/or liabilities between the Parties) without giving further reasons.
Our Products
11. You are buying made to order, individually created products. As noted in the product descriptions, many pieces utilize vintage and upcycled materials creating one of a kind pieces due to the rarity of the textiles. Accordingly, all images, likenesses and descriptions of products on our website are for illustrative purposes only. This will not impact the construction or sizing of any piece but will change visually how your order may look than as seen on our website.
12. Upcycled and vintage materials are carefully inspected and deemed fit for purpose before being used in the creation of a piece. Furthermore, all finished products are carefully inspected before shipment to ensure that they meet our high standards. All imperfections or irregularities in vintage and upcycled materials [j3] are carefully considered before use and in no way affect the aesthetic quality, durability or craftmanship on our part and are determined by us fit for purpose and thus used for production. Any such features should therefore be viewed as a value-added reflection of the garment’s history.
13. Products made from repurposed vintage stock may retain original branding. The Company is not associated or affiliated with any branding used in materials within or represented in the product.
Payment
14. All prices on the website are inclusive of VAT, and exclusive of delivery charges (including local taxes, if any) which may be applied by authorities and which are payable by you in addition to the price we charge.
15. We must receive payment in full before we commit to producing and shipping any order. In the event that we have to pre-pay any additional costs or taxes, we can ask you to reimburse us for these (or place monies on account for our reasonable estimate) before we continue your order (or delivery).
16. Payment is handled on our website by a third party provider. We have no liability and/or responsibility for their payment systems (which includes any loss, damage or claims arising from the use of the systems). We recommend that you read and familiarise yourself with these payment terms before making payment.
17. If you have a voucher or discount code to use, you must enter this before making payment. We will not accept any vouchers or discounts once payment has been processed. Our decision on whether to accept a voucher or discount code for each transaction is final and at our absolute discretion.
18. Ownership (title) in the product remains the property of us until payment is received in full.
Delivery
19. We offer flat-rate shipping to the following countries:
(a) United Kingdom, i.e. England, Scotland, Wales, and Northern Ireland: The cost of delivery is a flat rate of £10 per Product ordered;
(b) Member states of the European Union, i.e. Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden: The cost of delivery is a flat rate of £15 per Product ordered; and
(c) Australia, Azerbaijan, Canada, China, Georgia, Hong Kong, Iceland, Japan, Macao, Moldova, Monaco, New Zealand, Norway, Russia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, Turkey, Ukraine, United Arab Emirates, and United States of America: The cost of delivery is a flat rate of £25 per Product ordered.
These rates are for guidance-only and may be changed at any time. If the actual cost of delivery is higher you will be liable to pay this to us.
20. When we accept your order we will give you an estimated delivery date. This is for guidance only; we do not guarantee this date.
21. If additional taxes, charges or costs are imposed on the goods (such as goods or custom dues) these will be payable by you, on demand by the relevant authorities. On rare occasions where these are charged to us, you will repay these to us on-demand and against presentation of proof of payment. Until this is received we reserve the right to withhold delivery of any products.
22. In the event that we have to pre-pay any additional costs or taxes, we can ask you to reimburse us for these (or place monies on account for our reasonable estimate) before we continue your order (or delivery).
23. We do not accept responsibility for any delays outside of our reasonable control. Whilst we will make reasonable efforts to mitigate any inconvenience caused by these delays, the decision on whether to cancel an order as a result of these remains at our absolute discretion.
24. We require full-payment before we create and ship the products. In the rare event that we allow a partial payment, we will require full payment of the balance before we ship the product. We reserve the right to withhold shipping and or delivery until payment is received. If you fail to pay within 7 calendar days after we have made a demand for payment, we are entitled to treat the order as cancelled, retain any monies paid, and pursue the unpaid balance plus any costs incurred in creating the product).
25. You are responsible for taking delivery of the products. Once the product has been shipped from our premises, our obligations are completed and responsibility for delivery is between you and the third-party delivery company.
Return of Products
26. For legal purposes, all our products are specifically made to order. This means that we cannot refund goods if you simply change your mind or on the basis of sizing; please read our sizing chart carefully before placing an order. We can only mend, exchange, or refund goods in the unlikely event that there is a clear fault in a product.
27. All returns for repair, exchange, or refund of faulty goods must be received by us within 30 calendar days of your receiving them. Accordingly, you must contact us requesting our consent of return (see next term) sufficiently before this 30-day period expires.
28. You must obtain our written consent before returning any product. Products must be returned to our stated address (or head office, where no stated address is given). The costs (and responsibility) for returning these products will be borne by you. Products must be returned as received, i.e., in their original, unworn condition, and with all packaging materials included with all labels and tags intact.
29. We reserve the right to reject the return of any products which we determine have been used, worn, or damaged, or are otherwise in an unsaleable condition. Your statutory rights are unaffected
30. If a return is accepted, we will refund to you – normally by bank transfer and minus any charges, taxes or other costs – the value you paid for the product.
31. Any unpaid balances will remain payable by you to us, even if the order is terminated and/or the products returned.
32. Instructions (and an address) for return of the products will be contained in your order.
Losses and Damages
33. The liability of each Party is limited to direct losses arising from the breach of these Terms and/or order by the other Party. Neither Party is liable for the indirect and/or consequential losses of the other Party.
34. We are not liable for any business, commercial or opportunity losses.
35. We will not be liable to you unless the loss is caused by proven gross negligence or fraud.
36. Our liability is capped at the total value of the order (for that particular transaction).
37. We are not liable for any representations made before the order is placed, unless such representation was fraudulent.
38. Unless a claim is notified to us within 30 calendar days of delivery it will be time-barred.
Address for Correspondence
39. Unless stated otherwise, please address all correspondence to: studio@n-palmer.com.
40.Unless otherwise notified, please ship any approved product returns to us at: Studio C109 Lighthouse Studios, 89a Shacklewell Lane, London, England, E8 2EB.
41. We will only use your personal information as set out in our Privacy Notice and Cookie Notice, available on our website.
Other Important Terms
42. We are entitled to assign performance of the order to our trusted third parties, without giving notice to you.
43. Interest shall accrue on any unpaid amounts compounding quarterly, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
44. The Parties shall not post anything on social media which is defamatory, derogatory or otherwise likely to affect the reputation of the other Party. All disputes shall initially be discussed confidentially between the Parties-and then otherwise resolved in the forum set out in these Terms (see clause 49).
45. You may not transfer your rights/obligations under an order and/or these Terms to a third party without our express written consent.
46. No third party shall have any rights under these terms and/or an order.
47. A waiver of any rights/obligations that we have is only valid if expressly consented to in writing by us.
48. If any part of these Terms is determined to be invalid or unenforceable, that part only shall be removed and the rest of the Terms shall continue in full force and effect.
49. These Terms, any Order and the rights and obligations of the Parties shall be governed by English law, and subject to the exclusive jurisdiction of the High Court of England, London.