1.0 Definitions
- 1.1 “Customer” means the individual or company to whom these terms are addressed
- 1.2 “Force Majeure” means any cause affecting the performance by National Merchandise of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
- 1.3 “Normal Working Hours” means 9 am to 5 pm on a Working Day.
- 1.4 “Working days” means Monday to Friday, excluding Bank or other Public holidays.
- 1.5 “Shop” means National Merchandise located within the National Ice Centre, Bolero Square, The Lace Market, Nottingham, NG1 1LA
2.0 Orders
- 2.1 All contracts of sale made by National Merchandise shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom National Merchandise is dealing. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
- 2.2 All orders are subject to acceptance and to availability of the goods ordered: National Merchandise is entitled to refuse any order placed by you.
- 2.3 You undertake that:
- 2.3.1 all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
- 2.3.2 The credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- 2.4 All products are subject to availability. Please be advised we are not able to order some products. This is due to the fact that some products have been produced and manufactured in small numbers.
3.0 Prices
- 3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
- 3.2 All prices are quoted and transactions made in Pounds Sterling.
- 3.3 National Merchandise reserves the right to modify the prices from time to time.
- 3.4 Products qualifying for price matching must have been supplied by a UK supplier.
4.0 Delivery, Title and Risk
- 4.1 National Merchandise shall use reasonable endeavours to despatch goods within a reasonable timeframe, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies.
- 4.2 Delivery is deemed to take place when the goods are delivered to the Customer’s address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
- 4.3 Title in the goods does not pass to the Customer until payment is received in full by the National Merchandise.
5.0 Payment
- 5.1 Payment is due on purchase.
- 5.2 We offer a BNPL payment option at checkout with Clearpay. You'll be taken to their own payment portal at checkout if you decide to use their product.
6.0 Product specifications
- 6.1 National Merchandise makes every effort to supply the goods as advertised
- 6.2 If National Merchandise cannot supply the goods ordered by the Customer, National Merchandise reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to the National Merchandise in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
7.0 The Consumer Protection (Distance Selling) Regulations 2000
- 7.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and through National Merchandise website, or by mail order, are subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
- 7.2 Customers may cancel goods purchased from National Merchandise by sending a written notice of cancellation by email to shopenquiries@nationalmerchandise.co.ukor by mail to Isle Of Wight Merchandise, National Merchandise, The National Ice Centre, Bolero Square, The Lace Market, Nottingham, NG1 1LA.
- 7.3 The notice of cancellation must be delivered before our print network receive the customer order for printing. Once the customer's order is in production we cannot amend or cancel the order. The customer must arrange the return of goods for a refund.
- 7.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to National Merchandise, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
- 7.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to National Merchandise and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
8.0 Errors and Omissions
- 8.1 National Merchandise makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, National Merchandise will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. National Merchandise’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by theNational Merchandise after the manifest error has been discovered.
- 8.2 A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by National Merchandise which is more than 10% less than the price that would have been quoted had the mistake not been made.
9.0 General
- 9.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
- 9.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- 9.3 Any waiver of a breach of this Agreement must be in writing.
- 9.4 Any variation of this Agreement must be in writing and signed by a duly authorised National Merchandise official.
- 9.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
- 9.6 Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
- 9.7 These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
10.0 Refunds & Exchanges
- 10.1 National Merchandise is happy to refund or exchange any item returned in a saleable condition with a valid receipt within 28 days of purchase
- 10.2 National Merchandise is happy to refund any made-to-order item returned in a saleable condition with a valid receipt within 28 days of purchase.