Acceptance of terms
These provisions set out the terms and conditions on which you may make use of the newmakers.com website (the "Site"), whether as a guest or registered user ("Customer Terms").
We may update these Customer Terms (and the documents referred to in them) from time to time and will notify such changes to you by uploading them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.
1. About us
The Site is operated by Daniel Cox Trading as NEWMAKERS ("we"). Office address at 1 Stoop Orchard, Broadhempston, Totnes, Devon, TQ9 6BQ, United Kingdom. Our VAT number is 996612864.
2. Accessing our site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
3. Intellectual property rights
We are the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it. All such rights are reserved.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Payment methods
Purchases may be paid for using a major debit or credit card through our online payment facility. All prices shall be shown in UK Pounds and payable in that currency. You accept that some banks may charge you an additional fee for international transactions. You accept that product prices do not vary according to your location; delivery charges will vary depending on the destination. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
5. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
6. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, relevant taxes, and details of postage and packing. Any delivery times quoted are in working days.
7. Import regulations and duty
If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that the goods and services offered for sale are directed solely at UK residents. We make no representation that any goods or services sold through the site are appropriate or available for use outside the EU. You must comply with all applicable laws and regulations of the country for which the goods or services are destined. Please note that items may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the goods overseas due to local law. We will not be liable for any breach by you of any laws.
If you wish to discuss or organize a return, exchange or refund of any item purchased through the Site, please contact us directly using the email address firstname.lastname@example.org on the Site in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made in accordance with the Returns & Refunds Policy set out below.
9. Returns & Refunds Policy
We want you to be happy with the goods and service you receive from us. If you make a purchase from us you have 14 days, from receipt of goods, to notify us if you wish to cancel your order or exchange an item.
how to return or exchange a product
You must notify us in writing if you wish to cancel your order or exchange an item, and we encourage you to outline your reasons for doing so as this helps us to improve our offering. Contact us at email@example.com.
Please note that you are responsible for payment of all return packing, postage/courier costs.
You must return the goods in the original packaging, and ensure that it is securely sealed. We recommend you use a ‘signed for’ delivery method and obtain proof of postage. Do not destroy or dispose of any product, even if it is faulty, before arrangements have been discussed with us.
We will process a refund of your order payment directly to your debit or credit card within 30 days at the very latest, subject to compliance with the returns policy Terms and Conditions and time-frames outlined above.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Newmakers expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
11. Viruses, hacking and other offences
You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized 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 breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
15. Force majeure
Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labor disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of its obligations shall be postponed for the period of time that the circumstances continue.
16. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
General comments about the Site are welcome, please contact us at firstname.lastname@example.org.