Terms and Conditions
Introduction
naisydesign.com (“Site”) is owned and operated by Sian Hamilton.
These terms and conditions apply to the use of this website. If you are unwilling to be bound by these terms and conditions, please do not use this website, or purchase products.
Please read these terms and conditions carefully before placing an order.
By purchasing products on this site, you agree to be bound by these terms and conditions.
The content of this website and all information given to you by Naisy Design is for your general use and information only. We are not liable for any use of the website or reliance on the content, or if the website is unavailable for any reason.
If there is any conflict between these Terms and any term of your Order, the Order will take priority.
Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately at time of publishing the content.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes.
Please check the terms before every purchase.
Information about you
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy
Shopping Terms for products
Description of Products
We have made every effort to display the images of the Products accurately on this Site, but they are for illustrative purposes only. Actual products may vary from the images.
All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 5% tolerance for accuracy.
Order details
Please check your order is correct before you place it. We are a small company and don’t hold stock, so returning items affects us greatly. We ask that you make every effort to purchase the correct size or item. Please contact us before you order if you have questions relating to an item.
All our Products are printed to order, we put orders in 24 hours after you order to give you a small window to let us know of changes.
After 24 hours have passed you will not be able to cancel or change your order details.
If you have made a mistake with your order please contact us ASAP at hello@naisydesign.com
Acceptance of your Order and completion of the Contract between you and us will be at the point of dispatch of your Products. There may be times when we cannot accept your Order and we are not bound by the Order until we accept it in writing via the dispatch email.
If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.
At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.
Wrong Shipping Address
It is your responsibility to make sure the postal address is full and correct.
If your Order is returned to the dispatcher due to an inaccurate postal address, you will be liable to pay extra shipping fees to cover the Order being shipped again.
Age restriction on Product purchases
You shall not purchase any Products from our Site if you are below the age of 18 years old.
Cancellation of Orders
Cancelling your Order after it has been placed in most instances will not be possible due to orders being personalised and with our product suppliers. Please email us at hello@naisydesign.com if you have any issues with your Order within 24 hours of placing it. After 24 hours you will not be able to cancel or change the order.
This does not affect your right to return goods under the EU Distance Selling Regulations (see Returns and Refunds below).
Returns and Refunds
Please note that majority of our products are personalised so they do not fall under the Distance Selling Regulations.
Under UK Distance Selling Regulations you have 14 days to request a refund / exchange from the date you receive the non-personalised product for any reason.
However there are times when you cannot cancel and return your order. These are if:
1. You have opened and worn the item, unless it is faulty.
2. The Product purchased has been personalised for you.
3. It is beyond 14 days from delivery.
4. You want to return one item from a set. We do not split up sets so you will need to return the complete Product.
To request a refund or exchange please email us at hello@naisydesign.com
You will be required to cover the cost of returning the products to a UK address (26, GU16 7JX) unless they are faulty.
If you do not hear back from us within 48 hours of your email, please contact us via the returns form.
After you return the Products we will:
Refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner.
Unacceptable manner includes:
- If the Product has general wear and tear (other than if it is faulty) that shows it has been worn for more than the few minutes it takes to try an item on for size.
- If the Product is stained or damaged from wear.
- If any tags are removed.
- If the Product is removed from packaging where that product can be reasonably viewed without the need to remove it from packaging.
Product delivered faulty or damaged Product
If your Product is faulty or damaged on delivery please contact us immediately for details on how and where to return the item.
Please take photos of the damage or fault as soon as possible including packaging if that is damaged.
All our print providers require photos to see the damage or fault. We cannot ask for a reprint or refund from the printer if you do not supply images showing the problem.
Our products are printed in different countries (usually the closest factory to you) so you may be required to return faulty or damaged goods to different places.
How refunds are processed
We will refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you.
If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
Refunds will be made to you on the credit card or debit card used by you to pay. We will refund you in vouchers / coupon code if you used vouchers to pay for our Products.
Delivery
We will let you know the estimated delivery date which may vary due to where the Products you order are being printed.
All Products are printed as they are ordered from the factory closest to the delivery address. All printers will give you an estimate in days after the date of the Dispatch Confirmation.
Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see that section below.
You are responsible for making sure there is someone available to receive your Order.
If no-one will be available you will need to contact the courier to arrange a different date for delivery.
Delivery of an Order shall be deemed to be completed when we deliver the Products to the address given by you.
If you have not received your Order 30 days after you have received a dispatch email, please contact us at hello@naisydesign.com as your Order may be lost in transit.
International delivery
We deliver to most countries.
As our Products are printed in various countries, so you may need to pay international shipping fees if you reside outside of the country the Product is being printed in.
Most of our Products are printed in the factory closest to the delivery address. Ie. if you are in the USA or country in that region your Order may be printed in the US. If you are in the EU some Products may be printed in the UK or EU.
Shipping times
Shipping times vary, if you want your Products as fast as possible please contact us before purchasing so we can check the shipping time for the product you are wanting.
We cannot gaurantee any specific shipping schedule.
Be aware that this may still mean they take over 10 days from factory dispatch to arrive subject to where you are based and where they are printed.
Fees, postage costs, Customs/Import taxes
All our shipping packages are tracked.
The shipping fees calculated on the Basket page will be automatically worked out depending on your shipping address and where the item is being printed.
Please note that your Order may be printed in different places. Please be advised that although you are ordering these items at the same time they may arrive at different times from different places.
Some products may be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact us to find out where your Order is being printed and your local customs office for information on the applicable import duties and taxes.
You agree to comply by all applicable laws of country to which Products are delivered and we shall not be liable for any such violations.
Payment
Payment for Products is to be made in advance by credit or debit card.
Our payment provider is Stripe, they accept most major credit and debit cards.
All payments are taken on the Stripe website and no financial information is stored on this website.
About our Products
All our Products are printed at the time of ordering. It will take between 5-10 business days to fulfil your Order before shipping.
Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
Our prices are inclusive of Value Added Tax (VAT) where applicable. However, if there is a change in the rate of VAT between the date of the Order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
Delivery cost is not included in the price specified for a Product. It will be added to the due amount on the Basket page.
Despite our best efforts, there may be incorrect prices on some of the Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mis-pricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
Accounts
You may choose to check out as a guest or create an account.
If you create an account your information will be stored securely on this website.
By logging into your account you can access your previous orders and check for updates to current orders.
No financial information is stored on the website.
You can request for your account to be deleted at any time.
General Terms
Accuracy of descriptions
We will take care to ensure all product details are correct at the time of publishing the content.
We aim to keep all information as up to date as possible but there may be times when the stock varies or becomes unavailable and this is not shown on the website.
All prices will only be confirmed at point of checkout.
Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
No financial information is stored on the website.
You can request for your account to be deleted at any time.
Representations
You acknowledge and agree that by entering into a Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Limitation of liability
We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms.
Circumstances Beyond Our Control
If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
- you will be notified as soon as reasonably possible; and
- the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with our cancellation policy. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 6 weeks in accordance with our cancellation rights.
Notice
Any notice to us should be in writing and sent to us by email.
Any notice to you will be in writing by email to the address you provided us with on the Order.
Rights and Obligations
We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
This contract is only between you and us. No other third person shall have any rights to enforce any terms.
Each paragraph of these Terms are separate and distinct from others. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
Intellectual Property rights
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
Reliance on information and links
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
If you have any questions about these Terms and Conditions, please feel free to contact us at hello@naisydesign.com, via our Contact Us or by telephone on +44 (0) 7866760126.
English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of these Terms or contract between you and us.