General Terms & Conditions (v2.0)
Welcome to The New English Products & Design Limited (company registration 09957802) of 9-11 Lovatt Street, Stoke on Trent, ST4 7RW.
We reserve the right to change these terms and conditions without notice at any time.
All text, images, pictures and photographs used on this site are copyright of the The New English Products & Design Limited unless otherwise stated. Any use of text or pictures without our consent or prior written permission will be considered an infringement of copyright.
We give no warranty, expressed, or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
We undertake reasonable steps to ensure a fast and reliable service, however, access to this site may be suspended, restricted or terminated at any time. It does not guarantee that your use of this website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material or data when downloaded onto any computer system.
In order to receive new product information, special offers, latest news etc, as well as make use of other features on our site such as view your purchase history and current order status, you will be required to register. You will be asked to provide true and accurate information about yourself including, your name, e-mail address and contact details.
By registering onto our site you confirm that you are legally capable of entering into binding contracts in accordance with English law.
Links To Other Websites
Whilst we seek to offer products of high quality and design we cannot give any undertaking, that products purchased from companies to whose website we have provided a link to, will be of satisfactory quality and or design, and any such warranties are disclaimed by us absolutely. This does not affect your statutory rights against the third party website.
Accuracy of Content
We have taken great care with the accuracy of our website, and have tried to ensure that the product details, descriptions and prices are correct. Should we discover any error of any kind, or that products or legislation change we reserve the right to, modify, substitute or remove without notice any products, services or information on this site.
After placing an order, you will receive an e-mail from us acknowledging that we have received you order. Please note that this does not mean that your order has been accepted. Acceptance of your order will be confirmed by sending you an e-mail notifying you of this fact along with notification of the proposed dispatch of your order. Your contract will relate only to those products dispatched. When you place your order and before acceptance of it has occurred you will be required to make full payment via the secure online checkout process.
All postage, Customs & Excise Duty, VAT and any other taxes associated with the sale (where applicable) will be paid by you.
You are required to pay in Pounds Sterling.
A delivery charge will be added to your order value – please see delivery info for further details of charges.
The price of products which can be purchased from us will be as quoted on our site, except in cases of obvious error. All prices stated include VAT, but are exclusive of delivery costs.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some Products may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct prices is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably recognized by you as an error.
Prices and availability of products may be changed at any time without notice. Prices in retail stores may be different to the prices shown on this website.
Where payment is made by credit or debit card, you authorize us to debit your card with the total cost of the products selected and associated delivery costs. Any refunds made in respect of returns or cancellation will be made to the same card. If your card cannot be verified or is any way unacceptable, the order will be cancelled immediately.
The product will be at your risk from the time of delivery.
Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the purchase, including delivery charges.
If your item is a special order item i.e. is a limited edition piece and needs to be manufactured it could therefore take approximately 8 weeks to be delivered.
If your item is temporarily out of stock, you will be notified of the delay and we will dispatch it as soon as it arrives back in our stock room.
Please note that delivery charges vary depending on the value of the item and the destination to which is is being posted/shipped. The Delivery Info section will provide you with specific details of delivery charges and timescales.
a) If you change your mind about your purchase
You can return it to us within 7 days of receiving it and we will issue you with a full refund.
You do not have to give any reason for cancellation. However, a brief explanation will help us with our product development. The returned item should be accompanied by the returns slip.
If you change your mind, you must return the goods to us at your own expense. You must ensure that the goods are packaged adequately in the original packaging to protect against damage.
Remember to pack the item carefully and always obtain proof of postage/shipping since we cannot accept responsibility for damaged or lost items that are being returned to us.
Please note that items made to order such as limited edition pieces cannot be returned under the return policy for obvious reasons.
This does not affect your statutory rights.
b) If the items arrives damaged or is faulty
It should be returned within 7 days of receipt of the item. Damaged or faulty items will be replaced or a refund will be issued according to customer preference. In the case of damaged or faulty items the cost of postage/shipping will also be refunded. The returned item should be accompanied by the returns slip. Remember to pack the item carefully and always obtain proof of postage/shipping since we cannot accept responsibility for damaged or lost items that are being returned to us.
We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses that are a foreseeable consequence of us breaking the agreement. Losses are deemed foreseeable when the loss could be anticipated by both parties at the time the order is accepted.
This does not include or limit in any way our liability:
for death or personal injury caused by our negligence
under section 2(3) of the Consumer Protection Act 1987
for fraud or fraudulent misrepresentation or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability of
for any deliberate breaches of the Terms by us that would entitle you to terminate the contract between us.
We are not responsibly for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by both parties (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable provided that this clause shall not prevent claims for loss of or damage to tangible property that fall within the terms of the quality statement or direct foreseeable loss or any other claims for direct financial loss that are not excluded by any of the categories of this clause.
By using our site you accept that communication with The New English will be mainly electronic. We will contact you via e-mail or by posting appropriate notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices and other communication that we provide to you electronically will satisfy legal requirements in terms of written communication. This does not affect your statutory rights.
All written notices from you to us must be for the attention of The New English Products & Design Limited at email@example.com
We may give notice to you by using either the e-mail address or postal address that you provided to us when placing your order.
Notice will be deemed served when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting any letter. Letters should be correctly addressed, have the correct postage paid and have proof of postage. In the case of e-mail the correct e-mail address of the addressee should be used.
Events Beyond Our Control
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the contract that is caused by events outside our reasonable control (Force Majeure)
A Force Majeure Event include any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:-
Strikes, lock-outs or other industrial action
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, ware (whether declared or not) or threat of or preparation for war.
Fire, explosion, storm, flood earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications network
Acts, decrees, legislation, regulation or restrictions of any government.
Our performance under any Contract will be deemed to be suspended for the duration of the Force Majeure. We will have the right to an extension of time for the completion of our obligations for the duration of that period. Where reasonably possible we will endeavour to find a solution to the situation brought about by the Force majeure event in order to fulfill our contractual obligations.
If any of the Terms and Conditions or any part of the Contract are deemed by an appropriately competent authority to be invalid, unlawful or unenforceable to any extent then that term, condition or provision will be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent as permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in respect of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.