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Terms & Conditions

TERMS AND CONDITIONS

Welcome to the notnaked website terms and conditions. We recommend that you read them carefully before placing your order. By utilizing the notnaked website and/or placing an order you agree to be bound by the terms and conditions as set out below.

General

notnaked.co.uk is owned and operated by Young and James Limited.

notnaked.co.uk is the trading name of Young and James Limited.(Young and James Limited is referred to in these terms as notnaked)

For the avoidance of doubt, any such contract will be deemed to have been concluded in the UK.

notnaked shall not be liable to any person for any loss or damage, which may arise from the use of the information contained in any of the materials used in the website. You should check these pages regularly to take notice of any changes we may have made to the terms and conditions.
 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Young and James Limited trading as notnaked, 3 Joyce Lane, Heacham Norfolk PE31 7DA. All notices from us to you will be displayed on our website from time to time.

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.

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.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

These terms and conditions, together with our current website 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.

Access and Database Prohibitions

All rights, including copyright, referred to in the website are owned or licensed to notnaked. Any use of the site or its contents, including copyright or storage in whole or part, other than for personal use, is strictly prohibited without prior permissions from notnaked.


Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend services/promotions without notice. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the website. notnaked grants you a limited license to access and make personal use of this website, but not to download (other than caching) or modify it, or any portion of it, except with express written consent of notnaked. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.

You may link to our home page, 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. We do not take responsibility for any links to notnaked via search engines containing expired promotions.

Liability

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:

  1. to make good any shortage or non-delivery
  2. to replace or repair any goods that are damaged or defective; or
  3. to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Liability Disclaimer

Unless expressly stated to the contrary to the fullest extent permitted by law, notnaked is providing this website and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, contents, materials or products included in this website including, but without limitation, warranties of merchantability and fitness for a particular purpose. notnaked does not represent or warrant that the information provided on this website is accurate, complete or current. notnaked shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the material used in this website. Prices and product availability information may change at any time without notice and it is the users responsibility to check whether any such changes have been made.

We do not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected, or that we or the server that makes it available are free of viruses or bugs. Certain links in this website may connect to other websites maintained by other parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.

Indemnity

By using any service provided by notnaked you agree to indemnify, defend and hold harmless notnaked its directors, employees, affiliates, consultants and agents, from any and all third party claims, liability, damages and/or costs including, but/not limited to, legal fees arising from, without limitation, your use of the notnaked.co.uk services, your breach of the terms of service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

Privacy Policy

notnaked.co.uk is committed to protecting the privacy and security of our website visitors and customers. notnaked does not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party. We will send you our regular email which includes special offers and discounts, if you would prefer not to receive these emails you can unsubscribe at any time from a link within each email.

We will ensure that any information obtained whilst visiting and using notnaked.co.uk website will always be used, held and transferred in compliance with all applicable data protection rules and regulations. Our privacy policy is updated on a regular basis, it is therefore up to the user to check for any changes.

We collect your name, telephone number, home & delivery address and email address, which we collect when orders are placed. We do not receive or hold any credit/debit card details. All payments are processed by Paypal, our secure payment gateway and merchant bank service provider.

We will use this information to process orders, for promotional activity, and to keep you updated in changes operated within the website. If you agree for us to use your information, please tick the relevant box when submitting your details and we will send you newsletters via email advising you of forthcoming special offers and promotions. A facility is available for you to unsubscribe at any time. We reserve the right to disclose personal data to any third party which has a legal right to request such information.

Our Contract

Once you have placed an order with notnaked, you will receive e-mail confirmation with the details of your order. We must receive payment of the whole of the price for the goods that you ordered before your order can be accepted. The prices payable for goods that you order are as set out in our website. Your order represents an offer to us to purchase a product which is accepted by us when the goods are dispatched and you receive the e-mail confirmation of dispatch. The acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which have not been confirmed in the dispatch confirmation e-mail to have been dispatched do not form part of that contract. You are seeking to enter a contract with notnaked when you place an order and our acceptance of your order brings into existence a legally binding contract between us.

The formation, existence, construction, performance, validity and all aspects of the contract between us shall be governed by English Law and you and notnaked shall submit to the exclusive jurisdiction of the English courts.

Pricing, Availability and Product Information

All prices are inclusive of VAT at the current prevailing rates in the UK and are correct at the time of entering the information onto the website. The total cost of the order is the price of the products ordered plus postage and packing charges where applicable. Whilst every effort has been made to display the colours of our products as accurately as possible on our website, the actual colours you see will depend on your own monitor. We cannot guarantee that the colour displayed on your monitor will accurately reflect the colour of the product on delivery. notnaked takes all reasonable care to ensure that all details, descriptions and prices of products appearing on our website are correct at the time the information is entered onto the system. We reserve the right to refuse orders where product information has been entered onto our website incorrectly including prices and promotional activity. Prices are subject to change and without notice. All orders for products are subject to availability. Our stock control system will allow you to order items that are out of stock or on back order. In the unlikely event that an item is found to be out of stock, you will receive an email notification, you will be offered an alternative item or a refund and refund payments will be reimbursed in full ASAP. We will not be obliged to offer any additional compensation for disappointment suffered. We endeavour to dispatch all items within 1 working day, subject to stock availability, but most are dispatched within 14 working days but some may take upto 28 days and we will inform you by email of any expected delays beyond this point. We always try and keep the website upto date but items can be discontinued by the Manufacturers. In the unlikely event we can no longer obtain your purchase, we reserve the right to offer an alternative or refund.

Methods of Payment

You are able to pay for your goods using all major credit and debit cards and via your Paypal account should you have one. Your payment will appear on your card statement as Y+J Ltd or YOUNGJAMES.

Please note we do not accept payment by cheque, cash or postal order.

Secure servers offer notnaked customers the highest level of security when entering credit card details over the internet. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. All credit/debit card purchases are subject to the normal validation checks adopted by the card issuer. Any refusal by the issuer of any payment card to authorize the payment to us, for any reason, will not render notnaked liable for any delay or non-delivery. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.

Prices on our website are shown in GBP. If you require a guide to an alternative currency, click onto the currency converter buttons. Please note that prices shown on the website in US Dollars and Euro are only a guide and for information only, Checkout will be in GBP only.

Security

Placing orders with notnaked is completely secure. When an order is received, all credit or debit card details are encrypted. We do not receive or hold any credit/debit card details at notnaked. All payments are processed via Paypal our secure service provider. Paypal provides very high levels of internet and physical security to ensure sensitive information is never compromised.

Accounts and Passwords

When placing an order with notnaked we will ask you to set up an account or you can check out as a guest or via your Paypal account. If you set up an account with notnaked it will contain your name, delivery details, email address and a record of your orders. To make amendments to your account you will need your email address and password. If you are a new customer and want to create an account, click on the My Account button and follow the on screen instructions.

If you are a returning customer, click on the My Account button, enter your email address and password. If you have forgotten your password, don’t worry just click on password forgotten, you will then be sent an email containing your password. Please note that your password is confidential and will only be seen by you.

Cookies

Cookies are used on this shopping site to keep track of the contents of your shopping basket, allowing you to leave the site at any time and still have the items in your shopping basket when you return. Cookies are also used to store delivery addresses if the address book is used and to store your details if you set up an account. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you do turn off the cookies you will be unable to place orders or benefit from the other features that use cookies. Data collected by our site is used to:

  1. Take and fulfil customer orders.
  2. Administer and enhance the site and service.
  3. Only disclose information to third-parties for delivery purposes.

 

Intellectual Property, Trademarks & Copyright

All contents including website design, graphics, text and images are owned or licensed to notnaked. Any use of the site or its contents, including copying or storage in whole or part, other than for personal use is strictly prohibited.

Order Cancellations

Under the United Kingdom Distance Selling Regulations you have the right to cancel the order/contract for any reason at any point from the time of ordering until seven working days after delivery. Cancellation of an order must be made in writing, quoting your order/invoice number, within 7 working days of the delivery of your item(s), and can be sent by email to contact@notnaked.co.uk . Once you have cancelled your order you must return the goods to us immediately at your own cost if they have already been dispatched. See Returns, Exchange and Refunds for details. The item is your responsibility until it reaches us. For your own protection when returning an item, we advise that you get proof of postage and insurance to cover the value of the goods. We will let you know as soon as we receive the goods, and will then process your request for either a refund or replacement as quickly as possible.
Customers must return the goods in the event they cancel the contract. If you fail to return the goods we may arrange for collection of these goods from your residence at your cost. These costs will be deducted from your refund. Your refund will be processed within 30 days at the latest, after we receive your notification.

Returns / Exchange & Refunds

We want you to be delighted every time you shop with us. If for any reason you are not satisfied with your purchase, return the items in original condition and unworn with the tags attached. We will be happy to exchange or issue a refund. Returns and exchanges should be received within 14 days from date of order for UK customers and within 28 days for international customers. Please see our full returns and exchanges policy which has advice on trying on goods as goods damaged or marked whilst in your possession will not be accepted back, in accordance with the Distance Selling regulations. Your rights to return goods are also protected under the EU Distance Selling Regulations.

notnaked offers you a 100% guarantee that if you are not completely satisfied with your goods, we will exchange them or give you a refund minus the initial postage costs. The gift wrapping service costs are also non refundable. Until the goods are returned they are your responsibility until it reaches us, we therefore advise that you request proof of postage. Any exchanges will be posted out by notnaked using Royal Mail 1st class post unless the purchaser requesting the exchange wishes to pay the difference for signed for or special delivery. 

Faulty or incorrectly sent items

If the item you received is faulty or not what you have ordered, you are entitled to a refund or replacement. Please email contact@notnaked.co.uk quoting your order/invoice number, your name and address, details of the product and the reason for the return, and whether you require a refund or a replacement.

Delivery

We aim to dispatch all items as soon as possible and usually within 1 working day (but in any event 28 days of the order) subject to payment clearance & stock availability. We will arrange delivery of the goods ordered by you to the address you give us for delivery at the time you make your order.

Orders will be sent in plain packaging. Please note that for delivery purposes our return address will be shown on the packaging.

If you are not in at the time of delivery of your package, or the package is too large to fit through the letterbox, the local postal service (UK only) will leave a card asking you to collect your package from your local post depot (You will need to take proof of identification and the card to collect your item). If you are unsure contact the courier direct.

Please note that where a signature is required orders will not be sent to PO box addresses.

International deliveries will be made according to the courier’s standard procedures.

You will become the owner of the goods you have ordered when they have been delivered to you. 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.

Standard Delivery; UK deliveries are dispatched by First Class post using Royal Mail.

International deliveries are sent by International Signed For delivery and will need a signature on arrival.

Next Working Day: UK customers can upgrade to Next Working Day delivery during the checkout section. These orders will be sent by Royal Mail special delivery or any other courier we choose that offers a next day delivery service that will need to be signed for on receipt. Orders are usually received before 1pm Monday to Friday (except Public Holidays) but are not guaranteed by 1pm and will be dispatched the same day (subject to availability and workload) or will be dispatched within 1 working day of receipt of order to arrive the next working day.

notnaked does not accept any liability for delays in dispatching orders to customers on any delivery option.

Signed for items: Please note that customers must ensure that they are available to receive the goods. Royal Mail undertake to deliver to the correct address, but may accept the signature of a person other than the addressee. This will be taken as satisfactory proof of delivery. notnaked cannot accept responsibility for any items delivered to the correct address which have been signed for but not received by the addressee.

notnaked has the right to dispatch your parcels with any other courier should there be any strike actions with Royal Mail or its service providers.

Gift Wrapping Services

All orders will be dispatched using your chosen method of packaging. All orders being dispatched with the optional gift wrapping service boxing will be accepting the size of the gift box subject to the goods ordered as per your order confirmation. notnaked has the right to package orders as we see fit regardless of the packaging options due to the nature of the product. Please note that should you return the items for whatever reason, the gift wrapping service costs are non refundable.

Customs & Duty

Deliveries outside the UK may be subject to import duties or taxes. If a customs declaration certificate is required for shipping we mark the goods as "clothing".

International parcels or international customers dispatching goods internationally should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Any customs or import duties are levied once the package reaches its destination country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be. Customs policies vary from country to country; you may want to contact your local customs office for further information.

Please note it is a legal requirement that we declare the full value of the goods on all packages mailed outside the European Union. There will be a customs sticker on the package declaring the full value and contents of the package.

If for any reason you wish to return goods that you have paid duty on, it should be possible for you to claim a refund for duties that you have paid. To make a claim contact your local custom authority. Should you return or require an exchange, whether for standard return, faulty goods or incorrectly sent, notnaked is not liable of any additional customs costs or refunds of customs duties incurred.

Value Added Tax (VAT)

Our VAT number is 121187641

All items shown are inclusive of VAT at the current prevailing rate in the UK.

Orders outside the UK are not subject to VAT. However, all notnaked customers pay the same prices throughout the world, to help cover additional costs for providing a service to international customers.

Contact Us

If you would like to contact notnaked.co.uk with questions or comments:

Contact us by email: For all general enquires or comments: contact@notnaked.co.uk

Contact us by phone: 01485 579515 

Contact us by post:

Young and James Limited

Trading as notnaked.co.uk

3 Joyce Lane

Heacham

Norfolk

PE31 7DA

Company Registration Number (England): 7248658

Company VAT Number: 121187641

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