Terms and Conditions: Sale of Goods - Online and by Phone
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE OR OVER THE PHONE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER AND/OR USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
"Website" means Our website at www.naylors.com.
"Goods" means the goods which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means Go Outdoors Retail Limited (company number 12659342) trading as "Naylors" of Hollins Brook Way, Pilsworth, Bury, Lancashire, BL9 8RR.
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
HOW THESE TERMS AND CONDITIONS APPLY
The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website or over the phone. We may amend the Terms from time to time and You are advised to check them regularly for any changes which We make.
When You use the Website, We may gather information about You and Your visit to the Website. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern Our relationship with You and form the contract between us ("Contract").
Section A: Terms of Website Use
1. About this Website
This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which We do not commonly sell Our Goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
This Website is operated by Us. Our VAT registration number is GB 787 4401 02.
2. Our Rights in the Website
The copyright and other ownership rights (known as "intellectual property rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not (nor allow anyone else to) publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to the Website on other websites is at Our discretion and We may require that You stop providing links to the Website at any time.
We may use any information which You upload to the Website as We decide and We may also disclose that information to third parties.
3. Website content
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis. To the fullest extent which the law allows, We exclude all warranties and representations of any kind with respect to this Website and its contents.
We may change, remove or in any other way adapt the content of the Website at any time and without advance notice.
We may provide links to other websites. If We do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We are under a legal duty to supply Goods that are in conformity with the contract and We aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
4. How you must use this website
Submissions or comments by You that are in any way defamatory, abusive, obscene, unlawful, sexist, racist or may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person, including but not limited to other users of this Website.
All information which You submit should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person, except if You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage that You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
5. Our Agreement for the Sale of Goods and the Ordering Process
5.1 The Website displays Goods that are advertised for sale, and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order. The Contract between You and Us will only be formed and completed upon actual despatch of the Goods to You (Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order). You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website. Each Order You place will give rise to a separate Contract between Us upon actual despatch of the Goods to You. We reserve the right to refuse to supply Goods to any person.
5.2 Any variation of the Contract by You must be expressly agreed between You and Us.
5.3 The following paragraphs explain the process that You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 – Choosing Your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Basket".
Step 2 – Reviewing Your Basket
You can review the Goods that You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of Goods, per size from time to time), removing any unwanted Goods by clicking 'Remove' and viewing the basket total value. You can also enter any promotional code that You may have. Entering a valid promotional code and clicking 'Redeem' will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don't want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once You have finished shopping, You can return to the basket page by hovering over the basket icon in the top right hand corner of the page and then clicking 'Checkout'. On the basket page, You will be asked to choose Your delivery options. Once You have done this, You should select 'Checkout securely' or alternatively, You can choose to pay with PayPal at this stage by clicking on the PayPal link.
Step 4 – Completing Your Delivery & Billing Addresses
If You are an existing Customer and You have already logged in, the delivery address details You have previously entered will now appear. If You are not logged in or if this is Your first visit, You will be asked to enter Your delivery address. You will then be asked to enter Your billing address. You have the option of choosing to use Your delivery address as your billing address or entering a different billing address, which in either case should match the address to which Your payment method is registered. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
Step 5 – Contact Details
You must provide Your email address and telephone number at this stage. We will then store that information for the purposes of processing Your Order.
Step 6 – Redeem a Gift Card
You can redeem a valid gift card by entering the full card number and CVV (or PIN) number which will be available on the card in a scratch-and-reveal panel. Once You have entered the card number and CVV, You must click 'Validate card'. Multiple gift cards can be redeemed by clicking the 'Add another gift card' button and entering the details of each card. If Your Order value exceeds the redeemable amount on all of the gift cards You have entered, You will need to pay the balancing amount by another payment method. If Your Order value is less than or equal to the redeemable amount on all of the gift cards You have entered, You will not need to provide further payment details. If You have not entered any gift cards at all, then all of Your Order value must be paid for with another payment method.
Step 7 – Entering Your Payment Details
You will then need to enter Your payment details. Please check this information very carefully. If You are logged in as an existing customer and you have previously saved Your payment details, they will appear here. If you want to check Your Order, You will need to use the back button in Your browser or click the basket link to go back a stage. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order and You are happy that You have entered Your details correctly, You can proceed by clicking on 'Place order & pay'.
Step 8 – Placing Your Order
By clicking on 'Place order & pay', You are confirming that You have read these Terms and that you accept that these Terms apply to Your contract with Us. At this point Your details will be submitted to Us.
Step 9 – Order Acknowledgement
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. You may print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails We send You) will only take place when we despatch Your Order.
5.4 We may refuse Your Order or cancel Your Order if We decide it is reasonable to do so. This may include circumstances where:
5.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
5.4.2 We identify a product or pricing error on the Website; or
5.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
5.4.4 We suspect that Your Order is related to fraudulent activity; or
5.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
5.4.6 Goods are unavailable or out of stock.
5.5 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
5.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We will not be liable for any losses related to Your use of the Goods in the course of a business such as, lost profits, loss of business or business interruption. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You to cancel Your Order. We reserve the right to cancel any bulk orders.
6. Phone Orders
6.1 You may also place an Order over the phone by calling Us on 01706 507555.
6.2 Our phone lines are open 9am to 5pm Monday to Friday.
6.3 Calls are charged at no more than the standard rate.
6.4 If You place an Order, We are not obliged to accept that Order. The Contract between You and Us will only be formed and completed upon despatch of the Goods (placing Your Order over the phone does not constitute Our acceptance of Your Order). You may include any number of Goods within a single Order, subject to any restrictions set out in these Terms or specified over the telephone. Each Order You place will give rise to a separate Contract between Us upon actual despatch of the Goods to You. We reserve the right to refuse to supply Goods to any person.
6.5 You will be asked to provide Your delivery address or the nearest collection point that You wish to collect the Goods from. You will also need to provide Your billing address. You must provide us with the correct address details. We will not be liable for any delay or failure of delivery as a result of Your failure to provide accurate address details.
6.6 You will then need to choose Your payment method and provide Your payment details. Please be very careful to provide us with accurate information as We will not be liable for any loss or failure of delivery as a result of Your failure to provide the correct payment details.
6.7 We will ask You to confirm that You wish to place Your Order. By confirming You wish to proceed, You accept these Terms and acknowledge that You will be under an obligation to pay.
6.8 Once We have received confirmation that Your payment has been authorised, You will be given an Order reference and an e-mail (where You have provided an e-mail address) will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. You should keep this e-mail for Your records. This correspondence does not constitute Our acceptance of the Order.
6.9 The provisions in paragraphs 5.4 to 5.6 also apply to phone Orders.
7. Price and Payment
7.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website or as specified over the telephone at the time You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen Goods. This means that if You order more than one item, there is no delivery charge for the additional items. The delivery charge may vary depending on the value of Your Order (for example if Your Order is over a certain value, We may offer free delivery).
7.2 We take all reasonable care to ensure that the price of the items indicated to You is correct but We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when We ship Your Order, We will endeavour to inform You by email or telephone and ask You if You wish to proceed. If You notice there is a difference between a price at the time the Order is made and the price when We ship Your Order and We have not contacted You about it, You should inform our Customer Services and decide whether You wish to proceed with Your Order. If You decline to proceed with Your Order and for any reason payment has already been taken, it will be re-credited to You via the same method as the payment.
7.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
7.4 We must receive payment for the Goods and any associated charges such as delivery charges in full, cleared payment before the Goods are dispatched.
7.5 We accept payment via most major credit and debit cards including Visa, MasterCard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery. You may also choose (depending on your country of residence) to pay via alternative methods of payment when available from time to time on the Website such as PayPal, Klarna and Laybuy subject to certain checks by those payment providers.
7.6 Your card provider may charge You for using You card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
7.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your payment transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
7.8 We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks. Please refer also to Our Privacy Policy. These measures are taken to protect You and to ensure Your shopping experience with Us is as secure as possible.
8. Returns
If You Change Your Mind
8.1 You have a legal right to cancel the Contract (subject to certain exceptions such as goods that have been personalised to your requirements) for any reason within 14 days of the day after You receive the last of the Goods. This is the legal “Cancellation Period”, however We offer an extended returns period beyond the legal minimum “Cancellation Period” as noted below and subject to certain conditions.
8.2 You can cancel by sending Us the cancellation form provided or by letting Us know in any other way, such as by post to Naylors, Hollins Brook Way, Pilsworth, Bury, Lancashire, BL9 8RR; by e-mail to customercare@naylors.com; or over the phone on 01706 507555. You should keep evidence of having given notice of cancellation, such as an e-mail receipt.
8.2.1 You can also cancel the Contract by ensuring You return the Goods to us and they arrive with Us no later than 28 days after the day You receive the last of the Goods, subject to terms 8.3 to 8.9
8.3 You must return the Goods to Us (at Your own risk and cost) within 14 days of notifying Us that You wish to cancel:
8.3.1 by sending them either by recorded delivery or courier to:
8.3.1.1 Naylors Internet Returns 100 Mellor Street Rochdale OL11 5AT
8.3.2 or alternatively, if You paid using a debit or credit card, by taking them to any Naylors or GO Outdoors store along with the delivery note as proof of purchase or;
8.3.3 using the paid for services We offer. For details of all returns options please visit https://www.naylors.com/customer-care/returns-and-refunds.
8.3.4 We will not be responsible for any costs associated with returning the Goods to Us.
8.4 The Goods must be returned unused and in good condition with the original packaging.
8.5 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if You contact Customer Care, We will try to provide You with an estimate of the courier cost.
8.6 We will ordinarily refund the full purchase price, together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note though that if You want to return only some Goods but keep the rest of Your Order, You may not be entitled to a refund of the delivery charge.
8.7 You do not have the legal right to cancel any Goods that have been personalised to Your requirements.
8.8 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them and which reduces their resale value.
8.9 Exchanges can only be made in store and are not possible for Goods returned by post.
If Things Go Wrong
8.10 We warrant that the Goods that We supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
8.11 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them (where possible) or refund the full purchase price of the Goods if We accept that there is a manufacturing defect or other fault in the Goods. If an exact replacement is not possible, We will offer You the choice of an alternative similar product or a refund. It may also be possible for us to carry out a repair in certain circumstances and We reserve the right to do so instead of providing a refund. When returning Goods to Us, please ensure that it is clear to Us that You believe the Goods to be faulty and specify Your preference of a refund, replacement or repair (as applicable and subject to our final decision).
8.12 We will replace the Goods or refund You, provided that the defect or fault is not; caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges that You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect, then Your cancellation and refund rights are limited to those set out in paragraph 8.1 above, although this does not affect Your statutory rights. Subject to paragraph 9 below, the remedy in this paragraph 8.12 represents Our entire liability to You for any claim in respect of the Goods that the law provides, in so far as We are permitted to limit Our liability to You.
8.13 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
8.14 If You wish to return Goods in accordance with paragraphs 8.10 to 8.13, You may either:
8.14.1 return the Goods to Us, in clean and reasonable condition to the returns address in paragraph 8.3; or
8.14.2 return the Goods to any Naylors or GO Outdoors store, together with Your despatch note as proof of purchase. If You paid using a credit or debit card, a refund or exchange will be processed at the till point, provided the conditions set out in these Terms have been met. If You paid using an alternative payment method, such as PayPal, We will send Your order back to Our returns processing facility on Your behalf so that the refund can be completed.
8.15 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of Us agreeing to provide You with a refund or replacement. If You have paid using a credit or debit card and You choose to return Goods to one of Our stores, any refund or replacement due may be made at that time except any delivery charge refunds which will be processed separately. We reserve the right to send any Goods that You claim are faulty to Our inspections team.
8.16 Whenever You return Goods to Us, either because You believe they are faulty or because You change Your mind, We ask that Goods are returned to Us by recorded delivery or courier so that You have proof of posting and delivery. We will not be responsible for Goods that are lost or damaged in transit.
8.17 Please note that exchanges aren't possible by post, if You would like to exchange Your order, then please return to store within 28 (twenty-eight) days of the day after You receive the Goods.
9. Our Liability
9.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY THAT WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS, WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
9.2 We are not responsible to You for loss or damage of a kind that We could not reasonably have foreseen, which results from You misusing the Goods, or loss and/or damage as a result of wear or tear or otherwise from a Good which is damaged after it was delivered to You.
9.3 Some of the Goods that We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
9.4 The Contract that We enter into with You will be with You as a consumer and We will not be liable for any business losses that You may suffer as a result of Us breaching the Contract. For example, We will not be liable for loss of profits or loss of income.
10. Delivery
10.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to "working day" shall mean any day of the week excluding weekends and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give You an amended delivery estimate.
10.2 If the Goods You have ordered are out of stock then We will let You know by e-mail.
10.3 If You order multiple Goods, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
10.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
10.5 If the Goods or quantity of Goods that You receive are not as You ordered due to Our error, then You should inform Us by telephone, email or letter using the contact details set out at paragraph 8.2 as soon as possible after You receive the Goods. We will make good any error. We will also reimburse to You any delivery costs that You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods that You receive in error and intend to return to Us should not be used by You. Where We have delivered a larger number of products than You have ordered, You will have the right to reject the surplus Goods or to accept all of the Goods that have been delivered. If You choose to accept the additional Goods, We will be entitled to charge You for the additional Goods at the appropriate price.
10.6 Goods will be delivered to the address that You provide in the Order process, however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method that We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see https://www.naylors.com/customer-care/delivery-and-collection.
10.7 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
10.8 If the Goods are not delivered on the date expected, You should notify us of such non-delivery within 30 days of such failure of delivery.
10.9 As a result of various international carrier restrictions, certain Goods We sell are not eligible for international delivery. This will either be detailed in the description of the Goods, at the checkout stage when You add such Goods to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
11. Our Rights in the Goods
All intellectual property rights in the Goods including all designs, trademarks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
12. General
12.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
12.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time, provided that this will not reduce Our obligations to You.
12.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority, then all other clauses of the Contract will continue to apply.
12.4 If either We or You do not at any time act on any rights that we have under this Contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights that either of us has.
12.5 The Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
12.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms that were in place at the time when You placed Your Order, subject to any changes expressly agreed between You and Us.
12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights that the law grants to You, which that law does not allow Us to change or limit. If you are unsure about your legal rights you should contact Citizens Advice or the Retail Ombudsman.
12.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
12.8.1 on the day on which it is left if You deliver the notice by hand; or
12.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
12.8.3 on the day on which it is sent correctly if by fax or email;
and in each case it should be sent to the address set out at Clause 8.2.12.9 A person who is not party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only We and You have rights under it. This does not affect any right or remedy of any person that exists or is available otherwise than under that Act.
12.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If You are uncertain as to Your rights under the Contract or you want any explanation about them please write to or email Our customer care department, at the address set out above.
12.11 We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact: Naylors Hollins Brook Way Pilsworth Bury Lancashire BL9 8RR
Email: customercare@naylors.com
12.12 When placing an Order, You agree to receive marketing emails from Us. Read Our privacy policy at https://www.naylors.com/customer-care/privacy-policy for full details.
13. Ultimate Gift Cards
13.1 You can purchase an Ultimate Gift Card online via Our Website.
13.2 The minimum amount that can be loaded onto an Ultimate Gift Card is £5 and the maximum amount is £300.
13.3 Your Ultimate Gift Card can be used by You if you are the purchaser, or given as a gift. You can use the Ultimate Gift Card in full or part payment.
13.4 You can check the remaining balance on an Ultimate Gift Card on the Website using the Ultimate Gift Card balance checker.
13.5 Ultimate Gift Cards are not for re-sale and cannot be exchanged for cash. You cannot use Klarna, Laybuy, ClearPay or Paypal Credit to purchase an Ultimate Gift Card.
13.6 Ultimate cards are valid to use in-store and online.
13.7 Ultimate Gift Cards will expire after 12 months from the date of purchase. If not used, We will not refund any remaining balance. This 12 month period will renew for a further 12 months after each purchase using the Ultimate Gift Card and/or after each time You request a balance check of the Ultimate Gift Card.
13.8 If ordered online, Your Ultimate Gift Card will be delivered within 5 working days from Your Order date. We will not be responsible if the delivery address is inputted incorrectly nor if there are any delays with the carrier. If Your Ultimate Gift Card is delivered to the wrong person as a result of You entering the incorrect delivery address details, it will not be replaced nor will its value be refunded to You. We will not be responsible if Your gift card is lost, stolen or damaged.
13.9 The value of Your purchases will be deducted from the balance on Your Ultimate Gift Card; any remaining balance can be used against future purchases.
13.10 Subject to our Returns Policy, once Goods have been returned to Us, Your refund may be credited to (i) Your original Ultimate Gift Card or (ii) a new Ultimate Gift Card should the full amount on Your original Ultimate Gift Card have been used and not by any other means including cash or bank transfers.
13.11 If You purchase Goods in excess of the value of the Ultimate Gift Card and pay (in part) using an Ultimate Gift Card and pay the balance using another payment method, then after the Goods have been returned to Us, the amount You paid using another payment method will be credited using that same payment method.
13.12 Ultimate Gift Cards are not a cheque guarantee card or a credit card.
13.13 Ultimate Gift Cards cannot be refunded or exchanged for cash. Ultimate Gift Cards cannot be re-sold. We cannot be held liable for lost, stolen or damaged cards or cards used without with permission of the owner. Ultimate Gift Cards cannot be used in conjunction with any other discount or promotion online at the time of purchase, but student discount (when applicable from time to time) may be used when redeeming an Ultimate Gift Card. Ultimate Gift Cards cannot be used to purchase Goods delivered directly by a supplier. You cannot use Your Ultimate Gift Card to discharge any debts You owe to Us.
13.14 You can use Ultimate Gift Cards on our Website when you place an order for international delivery, but You are unable to use an Ultimate Gift Card if You place an order on one of our international websites.
13.15 We reserve the right to amend, waive or add any further terms and conditions necessary due to legal, security or regulatory reasons. Notice of any changes to those terms and conditions will be displayed on Our Website.
13.16 An order confirmation email will be sent to You when you purchase an Ultimate Gift Card on Our Website.
13.17 We reserve the right to refuse the redemption of an Ultimate Gift Card where we reasonably believe that the Ultimate Gift Card has been altered, corrupted, copied or otherwise used in any fraudulent way.
13.18 If You find that Your Ultimate Gift Card is not accepted at checkout, check the serial number and online security code You have entered and try again. If You continue to experience any further issues email customercare@naylors.com or call us on 01706 507555.
