When New Darkness Comes - Terms and Conditions of Sale
These Terms and Conditions of Sale apply to customers who are consumers only.
These Terms and Conditions of Sale (together with any other documents referred to in it) explain the terms and conditions on which When New Darkness Come (“When New Darkness Comes”, “we”, “our”, and “us”) supply our online service to you for orders When New Darkness Comes (“goods”) placed via our website (www.newdarkness.com) (our “Site”).
Please read these terms and conditions carefully before you submit your order to us as these terms will apply to all orders you place. By placing an order with us, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions about our terms and conditions, please contact wndc@newdarkness.com
In addition to these terms and conditions, your use of the Site and any orders you place are subject to our Terms of Service and Privacy Policy. Please read these carefully as they contain important terms which apply to you.
The contract between us
1.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.2 We will send you an order confirmation which will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2. Price
2.1 The prices payable for goods that you order are as set out on the product pages of our Site (exclusive of VAT).
2.2 Prices of our products are subject to change without notice. We reserve the right to discontinue or modify product specifications and/or pricing without notice at any time.
3. Our goods
3.1 The images of our goods on our Site are for illustrative purposes only. Although we have made every effort to display the colours and quality accurately, we cannot guarantee that a device's display of the colour and quality accurately reflects the colour of the products. All our products are handmade and may vary slightly from those images.
3.2 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Minor differences in the colour or finish of the goods resulting from the processing of the goods will not cause the goods to be considered of unsatisfactory quality.
3.3 Where we have given you the opportunity to examine the goods before the contract is made any defects in the goods which have been specifically drawn to your attention or are reasonably apparent on examination will not cause the goods to be considered of unsatisfactory quality.
3.4 Defects which have arisen from fair wear and tear, wilful damage, negligence, exposure to sunlight, failure to follow any care instructions we provide to you or any misuse of the goods will not cause the goods to be considered of unsatisfactory quality.
4. Right for you to cancel your contract
If you have made an error
4.1 If you make an order in error and fully complete it on site including payment please email us as soon as possible on wndc@newdarkness.com including your order number (found on your order confirmation). If your order has not been dispatched we will be able to refund the total paid by yourself including delivery costs. Once we have processed your request for a refund, any sum debited to us from your account will be credited to your account. We endeavour to process your refund as soon as possible and in any event within 14 days of your order. We find it usually takes up to fourteen days for your refund to be shown in your account.
4.2 If your order has already been dispatched then you will need to return your item to us by following the returns procedure in our Refund Policy. We will only refund any original standard delivery costs. We will only pay for the cost of your return postage to us if you item is faulty or you have been sent the wrong item.
If you change your mind
4.3 For most of our goods you order, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day from the date you receive the ordered goods and receive a refund (“refund period”). If you change your mind after the refund period you will have the choice either to (i) exchange your item or (ii) be issued with store credit to the same value of your returned item provided that your item is returned to us before the end of the thirtieth day from the date you received the ordered goods.
4.4 You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. We will only refund any original delivery costs and the cost of your return postage to us if you item is faulty or you have been sent the wrong item.
4.5 We do not refund goods purchased from our sale. If you purchase any goods in our sale you will only be entitled to (i) exchange your item or (ii) be issued with store credit to the same value of your returned item provided that your item is returned to us before the end of the thirtieth day from the date you received the ordered goods.
4.6 To cancel your contract you must notify us. To cancel your order online please use the procedure in our Refund Policy.
4.7 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.8 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 14 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
If your item is faulty or incorrect
4.9 If you receive a faulty item, please accept our sincere apologies for any inconvenience it may cause. Please inform us within 7 days from the date you receive the faulty item of its unsuitability and we will then advise on how to proceed. We will refund or exchange any faulty items within 14 days from the date you receive it. We will refund the original postage costs for all faulty items.
4.10 If the item you received is not what you originally ordered, please accept our sincere apologies for the inconvenience. Please contact us as soon as possible and we will then advise on how to proceed. You have 14 days from receipt of the incorrect item to return it to us. We will refund the original postage costs for all incorrect items.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
5.1.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us.
5.1.3 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your order.
5.2 We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Our delivery costs are set out in our Shipping Policy.
6.3 You will receive an estimated delivery date with your order confirmation which is an estimate only and we will not be obliged to deliver the goods to you by the estimated delivery date. Delivery will be made as soon as reasonably possible after your order is accepted and in any event within 14 days of your order.
6.4 Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.5 You will become the owner of the goods you have ordered once we have received payment for the goods in full.
7. Liability
7.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
7.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products.
7.3 We only supply our goods for domestic and private use. If you use our goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. Notices
8.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing by email to wndc@newdarkness.com and all notices from us to you will be displayed on our Site from to time
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
12. No waiver
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13. Dispute resolution
14.1 If you wish to make a complaint in relation to goods you have purchased online, please email wndc@newdarkness.com
15.2 If your complaint remains unresolved, we can consider various methods of dispute resolution. The EU provides an online dispute resolution platform which exists to assist the resolution of disputes between online traders and consumers. The platform, and more information about it, can be accessed here: https://ec.europa.eu/consumers/odr.
16. Governing law and jurisdiction
This contract shall be governed and construed with the laws of Laws of Netherlands will have jurisdiction over any dispute or claim arising out of or in connection with these terms and conditions and orders made pursuant to it.
17. Entire agreement
These terms and conditions, together with our current Site prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
