PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE", "ONLINE SHOP")
These Terms refer specifically to:
1) the use of this Site (www.neoposition.bigcartel.com) and the Content and all copyright, trademarks and other intellectual property connected with the Goods ("Items", "Products") listed on this Site; and
2) the purchasing of these Goods ONLY.
All rights, title and interest in the aforementioned Content and all copyright, trademarks and all other intellectual property connected with the Goods are owned solely and exclusively by NEO Position ("NEO"), the trading name of Etcetera Etcetera Etcetera Limited, and they are protected by UK law.
THIS AGREEMENT IS SUBJECT TO BIG CARTEL'S OWN TERMS OF SERVICE REFERENCED ABOVE. IN THE EVENT ANY TERMS PROVIDED IN THIS AGREEMENT CONFLICT WITH BIG CARTEL'S, BIG CARTEL'S TERMS OF SERVICE WILL GOVERN.
WHO IS NEO? AND WHO IS BIG CARTEL?
NEO Position ("NEO") is the trading name of Etcetera Etcetera Etcetera Limited Registered in England and Wales (company no. 7167074). Our principal place of business is at 1 Fore Street, London EC2Y 9DT. NEO is a creative brand consultancy that specialises in providing design and marketing support to B2B brands. NEO set up NEO Shop (www.neoposition.bigcartel.com) to sell design-related products.
Big Cartel provides software programs that enable merchants to build sites/online stores such as this through which they can sell their products and services online (“Software”), including software applications (“Apps”).
CHANGES TO THESE TERMS
NEO may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding on you.
CHANGES TO THIS SITE
NEO may update Content connected with the Goods on this Site from time to time. However, please note that any of the Content on this Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that this Site, or any Content on it, will be free from errors or omissions.
ACCESSING THIS SITE
This Site is made available free of charge.
We do not guarantee that this Site, or any Content on it, will always be available or uninterrupted. Access to this Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this Site.
INTELLECTUAL PROPERTY RIGHTS
Subject to the express provisions of these Terms:
(a) NEO, together with its licensors, own and control all Content and all the copyright, trademarks, information and other intellectual property rights connected with the Goods on this website; and
(b) all the aforementioned copyright, trademarks, information and other intellectual property rights are reserved.
You are not granted any right or interest in these except as stated in these terms.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to this Site or any Content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) the use of, or inability to use, this Site; or
b) the use of or reliance on any Content displayed on this Site.
If you are a business user, please note that, in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that this Site is only available for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any Content on it, or on any website linked to it.
We assume no responsibility for the content of any third party websites linked to this Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that this Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.
You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of-service attack. Any attack will be reported to the relevant law enforcement authorities. In the event of such a breach of Terms, your right to use this Site will cease immediately.
LINKING TO THIS SITE
You may link to the homepage of this Site, provided you do so in a way that is fair and legal and does not damage NEO's reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on NEO's part where none exists.
You must not establish a link to this Site in any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the homepage.
We reserve the right to withdraw linking permission without notice. If you wish to make any use of the Content on this Site other than that set out above, please contact us.
THIRD PARTY LINKS
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
NEO reserves the right to terminate this agreement and your access to this website and the services at any time and without notice, for any reason whatsoever. NEO also reserves the right to bar anyone from using this website and the services.
BUYING GOODS ON THIS WEBSITE
The prices of all Goods are clearly marked in their description and are inclusive of VAT and duty (if applicable). All delivery charges are also displayed on this Site. SEE SEPARATE PAGE ON DELIVERY COSTS.
At any given time, despite our best efforts, a small number of Goods on this Site may be mis-priced. If the correct price of Goods is lower than our stated price, we charge the lower amount and ship you the Goods. If the correct price of Goods is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the foods or will cancel your order of the Goods and notify you regarding the cancellation.
Delivery of any Goods will be by post unless otherwise specified by email in advance of the Goods being shipped. If you order any Goods from NEO it is your responsibility to ensure that all the delivery details you provide to NEO are correct.
It is not the responsibility of NEO to correct any delivery details that you provide. We will ship Goods to the address you provide us with. It is your responsibility to review all the details that you provide in the course of completing your online order, as well as to review all details on your order confirmation email.
The Goods will normally be delivered within 7 working days of the placement of the order. If delivery is delayed beyond this, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable to you.
If when checking your order confirmation you notice that any of the delivery details you have provided are incorrect, please let us know immediately by emailing us. However, please be aware that you will still be liable for the order if it has already been despatched.
You can cancel your order contract prior to your order being despatched. To do this, please e-mail us. We aim to answer any cancellation request within 24 hours.
You do not have to give any reason for cancelling your order. However, we would value your feedback as this will help us to improve the Goods and service we offer to customers.
If your order has already been despatched, prior to us receiving and acknowledging your cancellation email, you will need to return the Goods to us at your own expense. Please refer to the 'Returns' clause below.
We will provide you with a refund within 14 days of receiving your cancellation by email or the returned Goods if these have already been despatched, provided these are returned to us in their original condition. The full amount charged including postage will be refunded if your cancellation email is received prior to your Goods being despatched. If your order has already been despatched, we will refund the full amount charged for the Goods minus the original delivery costs. Please note, you will need to return the Goods at your own expense. Refunds are credited to the original method of payment.
We want you to be completely happy with your purchase. If, however, you would like to return your Goods, please return them in their original condition within 21 days of receiving them. Goods that do not reach us within 21 days and in their original condition will not be valid for exchange or refund.
We therefore advise that you act immediately upon receiving your Goods to notify us if you would like a refund or to exchange the Item for a different size (note, we can only exchange an Item for a different size) and to obtain a returns number from us. You can obtain a returns number by emailing us. We aim to answer all returns requests by email within 48 hours, enabling you to return your Goods to us as soon as possible.
Please note that you must return the Goods to us at your own expense.
You are responsible for the risk of loss or damage when you return Goods, so we recommend that you take out enough postal insurance to cover their value and that you obtain a proof of postage receipt from the post office.
The Goods must be unused, unworn and unwashed.
You have a duty of care for the Goods, so please be very careful when inspecting them and trying them on. In the case of Items of clothing, please ensure you are not wearing make-up, perfume, deodorant or antiperspirant that may mark them as we will not be able to arrange an exchange or provide a refund for any Goods returned to us carrying any odours, marks or stains.
Unfortunately, manufacturing faults do occasionally occur. If you believe an Item to be faulty (or is not the Item you have ordered), please contact us and we will advise you on next steps. Please be aware that we will only accept Goods returned to us in their original condition unless we have received notification that they are faulty prior to them being returned to us.
We process returns as quickly as we can, but it can sometimes take a while between posting back the returned Item or Items and receiving the refund.
Please contact us only if 14 or more days have elapsed since the estimated time of delivery of your returned Items and you still haven’t received the refund.
Refunds are always credited to the original method of payment.
We’re happy to exchange an Item for a different size. Please notify us that you would like to exchange the Item for a different size and what size you would like to receive in exchange when contacting us for a returns number.
All exchanges are subject to stock availability. If an Item is out of stock at the time of the exchange being processed, a full refund will be issued.
If you want to exchange your Item for a completely different Item, we ask that you place a new order.
If you need your exchange in a hurry, we also suggest you place a new order and send back the Item you would like to return for a refund.
Your UK statutory rights are not affected by our returns policy.
Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law.
Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
Statutory and Regulatory Disclosures
Our VAT number is GB 989 6865 19.
NEO Position ("NEO") is the trading name of Etcetera Etcetera Etcetera Limited Registered in England and Wales (company no. 7167074). Our registered office is at Plaza Building, Lee High Road, London SE13 5PT. Our principal place of business is at 1 Fore Street, London EC2Y 9DT.
You can contact us: (a) by post at 1 Fore Street, London EC2Y 9DT; (b) by telephoning +44 (0)20 3872 3052; or (c) by emailing us.