1. About these Terms and Conditions
In these terms and conditions "we" and "us" mean Needlework, Linen & More, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by:
2.2.1 1 filling in the Order Form on the Needlework, Linen & More Web Site after logging into or creating your personal account and clicking on the appropriate submission button; or
2.2.2 telephoning us on (509) 667-8977 between 9:00am and 4:00pm, Mondays to Fridays;
We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via the Needlework, Linen & More Web Site, unless you have placed your Order by telephone, in which case we will issue your Order Number when you telephone us. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Needlework, Linen & More Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 Prices include VAT.
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the Needlework, Linen & More Web Site from time to time.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If you are paying by cheque, wire transfer or post giro a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
6. Delivery of Your Products
6.1 We will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.
6.2 We will use our reasonable endeavours to deliver your Products within 14 days of the date of issue of your Order Confirmation. Estimated delivery times which are given at the time of placing an Order are estimates only. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by calling us on (509) 667-8977 and quoting your Web Order Number. Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and us and/or any service provider engaged by us.
6.3 Title to and risk of loss in your Products will pass to you on delivery of the Products.
6.4 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.5 Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Right to Return the Products or Cancel a Contract for Services and to Receive a Refund
7.1 If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the returned Product if you contact us within 10 Calendar Days of delivery of the Product. If you choose to return a product the transportation charges set out in paragraph 7.2 will apply.
7.2 If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on (509) 667-8977 between 09:00am and 4:00pm, Monday to Friday. In the event that you are entitled to a replacement or repair in accordance with paragraph 10 below, Needlework, Linen & More will pay for transportation charges.
If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund and you will to arrange and pay for transportation.
7.2.3 Steps to Follow to Claim a Refund:
(i) Please telephone us at (509) 667-8977 between 09:00am and 4:00pm, Monday to Friday to make arrangements for return. You will then be provided with an authorization to return the Product(s).
(ii) You will be contacted in advance to arrange for transportation.
(iii) Before returning any Product(s) to Needlework, Linen & More please check that you have:
Received the authorization by Needlework, Linen & More.
Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.
Used all packaging that was originally supplied.
Sealed the packaging securely.
8. Limited Warranty
8.1 All warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer's warranty which may be included with the Products purchased. In relation to any existing manufacturer's warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone.
8.2 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
9. Our Liability
9.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products.
9.2 Save as set out at paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products except as expressly stated in the Contract.
9.3 Any warranty, condition or other term arising out of or in connection with the supply of Products which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
9.4 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
9.5 Subject to clause 9.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.6 Subject to clause 9.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
9.7 This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
10. Contacting Needlework, Linen & More
You can contact us:
- by telephone on (509) 667-8977 between 09:00am and 4:00pm, Monday to Friday
- by email at email@example.com
When contacting us you must quote your Web Order Number.
11. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
12. Data Protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order or telephone Order for the purposes of processing your Order. We work with other companies that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive information from us or these third party companies, you may contact us at firstname.lastname@example.org.
13. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
14. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Italy and the laws of Italy will apply.
15.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
15.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
16. Defined Terms
16.1 In these terms and conditions:
"Needlework, Linen & More Authorised Service Provider" means a service provider authorised by us to provide Services;
"Needlework, Linen & More Web Site" means our build-to-order web site for customers, the web address of which is http://www.NeedleworkLinenandMore.com
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and Italy applicable to the export, re-export, transfer or resale of Products;
"Invoice" means the invoice issued by us to you for the price of the Products and for Services;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the Needlework, Linen & More Web Site;
"Product" means any product listed on the Needlework, Linen & More Web Site which we agree to supply to you on these terms and conditions and may include Services;
"Return Authorization Documentation" means the documentation issued by us to you for the return of Products;
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United States.