Terms & Conditions:
TERMS OF USE
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ninetypercent.com ("Our Site"). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale below for more information.
1. Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means an account required for a User to access and/or use
certain areas of Our Site, as detailed in Clause 4;
"Content" means any and all text, images, audio, video, scripts, code,
software, databases and any other form of information capable of being stored
on a computer that appears on, or forms part of, Our Site;
"User" means a user of Our Site;
"User Content" means any content submitted to Our Site by Users including, but
not limited to, product reviews and/or comments and;
"We/Us/Our" means Ninety Percent Ltd, a company registered in England under
8289980, whose registered and trading address is 110—112 Parkway, Camden,
London NW1 7AN
2. Information About Us
2.1 Our Site, ninetypercent.com, is owned and operated Ninety percent Ltd, a limited company registered in England under 80650616, whose registered address is 110—112 Parkway, Camden, London NW1 7AN. Our VAT number is 245535796.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Accounts
4.1 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at hello@ninetypercent.com. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act 1998, as set out in Clause 17.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use
Our Site in a web browser (including any web browsing capability built into
other types of software or app);
5.3.2
Download Our Site (or any part of it) for caching;
5.3.3 Print one copy of any page(s) from Our Site;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that
of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from Our Site
for commercial purposes without first obtaining a licence from Us (or our
licensors, as appropriate) to do so. This does not prohibit the normal access,
viewing and use of Our Site for general information purposes whether by
business users or consumers.
5.6 Nothing
in these Terms of Use limits or excludes the fair dealing provisions of
Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in
Relation to Copyright Works’, covering in particular the making of temporary
copies; research and private study; the making of copies for text and data
analysis for non-commercial research; criticism, review, quotation and news
reporting; caricature, parody or pastiche; and the incidental inclusion of
copyright material.
6. User Content
6.1 User Content on Our Site includes (but is not necessarily limited to) product reviews and comments.
6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without
Our express written permission; and
7.1.4
you do not do so in a way that is calculated to damage Our reputation or to
take unfair advantage of it.
7.2 You may link to any page of Our Site.
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at hello@ninetypercent.com for further information.
7.4 You may not link to Our Site from any other site the main content of which
contains material that:
7.4.1 is sexually
explicit;
7.4.2 is obscene, deliberately
offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes
or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, gender, religion, nationality, disability,
sexual orientation, or age;
7.4.6 is
intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to
infringe) another person’s privacy;
7.4.9
misleadingly impersonates any person or otherwise misrepresents the identity
or affiliation of a particular person in a way that is calculated to deceive
(obvious parodies are not included in this definition provided that they do
not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, trade marks and
database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including,
but not limited to, contractual duties and duties of confidence.
7.5 The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9. Disclaimers
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10. Our Liability
10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale below.
10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.4 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful and that complies
with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local,
national or international laws and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is
unlawful or fraudulent;
12.1.3 you must
not use Our Site to knowingly send, upload, or in any other way transmit data
that contains any form of virus or other malware, or any other code designed
to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Site in any way, or for any purpose, that is
intended to harm any person or persons in any way.
12.2 When submitting User Content (or communicating in any other way using Our
Site), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is
obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4
promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, gender, religion, nationality, disability,
sexual orientation or age;
12.2.6 is
intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience,
upset, or embarrass another person;
12.2.7
is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe)
another person’s right to privacy;
12.2.9
misleadingly impersonates any person or otherwise misrepresents your identity
or affiliation in a way that is calculated to deceive (obvious parodies are
not included within this definition provided that they do not fall within any
of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, patents, trademarks
and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but
not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your access to Our Site if
you materially breach the provisions of this Clause 12 or any of the other
provisions of these Terms of Use. Specifically, We may take one or more of the
following actions:
12.3.1 suspend, whether
temporarily or permanently, your Account and/or your right to access Our
Site;
12.3.2 remove any User Content
submitted by you that violates this Acceptable Usage Policy;
12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all
relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required
or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
13. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from <> and <>. These policies are incorporated into these Terms of Use by this reference.
14. Changes to these Terms of Use
14.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
15. Contacting Us
To contact Us, please email Us at hello@ninetypercent.com or using any of the methods provided on Our contact page at hello@ninetypercent.com.
16. Communications from Us
16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. [Email marketing options can also be changed in your account. If you opt out of receiving emails from us at any time, it may take up to 30 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@ninetypercent.com
17. Data Protection
17.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
17.2 We may use your personal information to:
17.2.1 Provide and administer your Account;
17.2.2 Reply to any communications you send to Us;
17.2.3 Send you important notices, as detailed in Clause 16;
17.3 We will not pass on your personal information to any third parties.
18. Law and Jurisdiction
18.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.3 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMS OF SALE
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.ninetypercent.com ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contract for the purchase and sale of Goods, as
explained in Clause 8;
"Goods" means the goods sold by Us through Our Site;
"Order" means your order for Goods;
"Order Confirmation" means our acceptance and confirmation of your Order;
"Order Number" means the reference number for your Order; and
"We/Us/Our" means Ninety Percent Ltd, a limited company registered in
England under 8289980, whose registered address and whose main trading address
is 110-112 Parkway, Camden, London, NW1 7AN
2. Information About Us
2.1 Our Site, www.ninetypercent.com, is owned and operated by Ninety Percent Ltd, a limited company registered in England under 8289980, whose registered address and whose main trading address is 110-112 Parkway, Camden, London, NW1 7AN Our VAT number is GB245535796.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use above. Please ensure that you have read them carefully and that you understand them.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 16 years of age.
5. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business.
6. International Customers
Please note that We only sell to customers listed on our deliveries page. We do not accept orders from, or deliver to, customers outside of these countries. Certain countries may charge import duty or fees, it is your responsibility to check and pay these fees and duties.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and
graphical representations of Goods available from Us correspond to the actual
Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be
slight variations in colour between the image of a product and the actual
product sold due to differences in computer displays and lighting
conditions;
7.1.2 Images and/or
descriptions of packaging are for illustrative purposes only, the actual
packaging of Goods may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 Where appropriate, you may be required to select the required size, model, colour of the Goods that you are purchasing.
7.4 We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications may be subject to fluctuations beyond our control.
7.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
7.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.9 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.10 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to the Shipping Information Page. Delivery options and related charges will be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2
Confirmation of the Goods ordered including full details of the main
characteristics of those Goods;
8.4.3
Fully itemised pricing for the Goods ordered including, where appropriate,
taxes, delivery and other additional charges;
8.4.4 Estimated delivery time.
8.5 We will also include a paper copy of the Order Confirmation with your Goods.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
9. Payment
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Credit or Debit Card;
9.2.2 PayPal
Payments;
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If We are unable to deliver the Goods on the delivery date, the following
will apply:
10.2.1 If no one is available
at your delivery address to receive the Goods and the Goods cannot be posted
through your letterbox, We will leave a delivery note explaining how to
rearrange delivery or where to collect the Goods;
10.2.2 If you do not collect the Goods or rearrange delivery within the
period defined by the courier, We will contact you to ask you how you wish to
proceed. If we cannot contact you or arrange redelivery or collection, We will
treat the Contract as cancelled and recover the Goods. If this happens, you
will be refunded the purchase price of the Goods themselves, but not the cost
of delivery. We may also bill you for any reasonable additional cost that we
incur in recovering the Goods.
10.3 In the unlikely event that We fail to deliver the Goods within 30
calendar days of Our Order Confirmation (or as otherwise agreed or specified
as under sub-Clause 10.1), if any of the following apply you may treat the
Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time
period was essential; or
10.3.3 You told
Us when ordering the Goods that delivery within that time period was
essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 30 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit for
purpose, as described at the time of purchase, in accordance with any
pre-contract information We have provided, and that match any samples or
models that you have seen or examined (unless We have made you aware of any
differences). If any digital content is included in the Goods, that digital
content must also conform. If any Goods you have purchased do not comply and,
for example, have faults or are damaged when you receive them, or if you
receive incorrect (or incorrectly priced) Goods, please contact Us at
hello@ninetypercent.com as soon as reasonably possible to inform Us of the
fault, damage or error, and to arrange for a refund, repair or replacement.
Your available remedies will be as follows:
11.1.1 Beginning on the day that you receive the Goods (and ownership of
them) you have a 30 calendar day right to reject the Goods and to receive a
full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day
rejection period has expired, you may request a repair of the Goods or a
replacement. We will bear any associated costs and will carry out the repair
or replacement within a reasonable time and without significant inconvenience
to you. In certain circumstances, where a repair or replacement is impossible
or otherwise disproportionate, We may instead offer you the alternative (i.e.
a replacement instead of a repair or vice versa) or a full refund. If you
request a repair or replacement during the 30 calendar day rejection period,
that period will be suspended while We carry out the repair or replacement and
will resume on the day that you receive the replacement or repaired Goods. If
less than 7 calendar days remain out of the original period, it will be
extended to 7 calendar days.
11.1.3 If,
after a repair or replacement, the Goods still do not conform (or if We cannot
do so as previously described, or have failed to act within a reasonable time
or without significant inconvenience to you), you may have the right either to
keep the Goods at a reduced price, or to reject them in exchange for a
refund.
11.1.4 If you exercise the final
right to reject the goods more than six months after you have received the
Goods (and ownership of them), We may reduce any refund to reflect the use
that you have had out of the Goods.
11.1.5
Within a period of six years after you have received the Goods (and ownership
of them), if the Goods do not last a reasonable length of time, you may be
entitled to a partial refund. Please be aware that after six months have
passed since you received the Goods, the burden of proof will be on you to
prove that the defect or non-conformity existed at the time of delivery.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.3 To return Goods to Us for any reason under this Clause 11, please visit the returns page for more information on how to arrange for a return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Goods if You Change Your Mind
12.1 If you are a consumer in the European Union, you have a legal right to a "cooling-off" period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.2 If you wish to exercise your right to cancel under this Clause 12, you
must inform Us of your decision within the cooling-off period. Cancellation by
email or by post is effective from the date on which you send Us your message.
Please note that the cooling-off period lasts for whole calendar days. If, for
example, you send Us an email or letter by 23:59:59 on the final day of the
cooling-off period, your cancellation will be valid and accepted. If you would
prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 02035987295;
12.2.2
Email: hello@ninetypercent.com;
12.2.3
Post: 110-112 Parkway, Camden, London, NW1 7AN;
In each case, providing Us with your name, address, email address, telephone
number, and Order Number.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that you may lose your legal right to cancel under this Clause
12 in the following circumstances:
12.4.1
If the Goods are sealed for health or hygiene reasons and you have unsealed
those Goods after receiving them;
12.4.2
If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or
sealed computer software and you have unsealed the Goods after receiving
them;
12.4.3 If the Goods are likely to
deteriorate quickly, for example flowers or food;
12.4.4 If the Goods have been personalised or custom-made for you;
12.4.5 If the Goods have been inseparably mixed with other items (according
to their nature) after you have received them.
12.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.6 You may request that We collect the Goods from you. Please contact us for more information. The cost of return will be deducted from your refund.
12.7 You may return Goods to Us in person during Our business hours of 09:00 – 17:00 Monday to Friday or you may return them by post or another suitable delivery service of your choice to Our returns address as shown on our Returns Information Page. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you.
12.8 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following: 12.8.1 The day on which We receive the Goods back; or 12.8.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or 12.8.3 If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or 12.8.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.9 Refunds under this Clause 12 may be subject to deductions in the
following circumstances:
12.9.1 Refunds
may be reduced for any diminished value in the Goods resulting from your
excessive handling of them (e.g. no more than would be permitted in a shop).
Please note that if We issue a refund before We have received the Goods and
have had a chance to inspect them, We may subsequently charge you an
appropriate sum if We find that the Goods have been handled excessively.
12.9.2 Standard delivery charges will be reimbursed in full as part of your
refund. Please note, however, that We cannot reimburse for premium delivery.
We will only reimburse the equivalent standard delivery costs when issuing
refunds under this Clause 12.
12.10 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to
adversely affect Our performance of any of Our obligations under these Terms
of Sale:
14.2.1 We will inform you as soon
as is reasonably possible;
14.2.2 We will
take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected
obligations under these Terms of Sale (and therefore the Contract) will be
suspended and any time limits that We are bound by will be extended
accordingly;
14.2.4 We will inform you
when the event outside of Our control is over and provide details of any new
dates, times or availability of Goods as necessary;
14.2.5 If the event outside of Our control continues for more than 30 days
We will cancel the Contract and inform you of the cancellation. Any refunds
due to you as a result of that cancellation will be paid to you as soon as is
reasonably possible and in any event within 14 days of the date on which the
Contract is cancelled;
14.2.6 If an event
outside of Our control occurs and continues for more than 14 days and you wish
to cancel the Contract as a result, you may contact Us directly to cancel,
please use the following details:
Telephone: 02035987295;
Email:
hello@ninetypercent.com;
Post: 110-112
Parkway, Camden, London, NW1 7AN;
In each
case, providing Us with your name, address, email address, telephone number,
and Order Number. Any refunds due to you as a result of such cancellation will
be paid to you as soon as is reasonably possible and in any event within 30
days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1 If you wish to contact Us with any questions or complaints, you may contact Us by telephone at 02035987295, by email at hello@ninetypercent.com, or by post at 110-112 Parkway, Camden, NW1 7AN.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available on our website.
16.3 If you wish to complain about any aspect of your dealings with Us, please
contact Us in one of the following ways:
16.3.1 In writing, addressed to Head of Customer Service, Ninety Percent,
110-112 Parkway, Camden, NW1 7AN;
16.3.2
By email, addressed to Head of Customer Service at hello@ninetypercent.com;
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you;
17.2.2 Process your Order (including payment) for the Goods; and
17.2.3 Inform you of new products and/or services available from Us (if you
opt or have previously opted to receive it). You may request that We stop
sending you this information at any time.
17.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
17.4 We will not pass on your personal information to any third parties without first obtaining your express permission.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation.
19. Law and Jurisdiction
19.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
19.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.