Terms of service
OVERVIEW
This website www.nakedpalm.co.uk is operated by NAKED PALM and is herein referred to as the ‘website’. Throughout the website, the terms "we", "us" and "our" refer to NAKED PALM.
NAKED PALM offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/ or purchasing something from us, you (‘the customer’) engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website/store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page, accessed under the ‘terms and conditions’ link on www.nakedpalm.co.uk. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
However, We do endeavour to present the most recent, most accurate, and most reliable information on our website at all times. Although as previously stated, there may be occasions when some of the information featured on the website may contain incomplete data, typographical errors, or inaccuracies.
Any errors are wholly unintentional and we apologise if erroneous information is reflected in product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability or in any way affects your individual order.
Please be aware that we present our content 'as is' and make no claims to its accuracy, either express or implied.
Please also note that because the colours of the products you will see on the website depend on your monitor/screen, browser or operating software, we cannot guarantee that the display of colour will be accurate and some colours may vary.
All sizes and measures are approximate. We do try to ensure they are as accurate as possible, however, we do advise customers to consult the sizing guides provided on the website.
We reserve the right to amend errors, inaccuracies or omissions, or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our manufacturers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). If your card has already been charged for the purchase and your order is cancelled, we shall issue a refund to you in the amount of the incorrect price.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Our products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We highly recommend following our Jewellery Care guide for all of our products, we are not responsible for item(s) damaged due to not following the care instructions.
For sale periods, such as (but not limited to) Black Friday and Cyber Monday where discounting is applied, additional discount codes cannot be applied.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS AND SERVICES
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
In cooperation with Clearpay Finance Limited, we offer you the following payment options. Payment is to be made to Clearpay:
BUY NOW PAY LATER
Further information and Clearpay's user terms can be found here.
General information on Clearpay you can find here.
Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Clearpay's Privacy Policy.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – USAGE RESTRICTIONS; INTELLECTUAL PROPERTY
Unless otherwise noted, all design and content featured on the website - including navigational buttons and images, artwork, graphics, photography, text, and the like - are subject to copyrights, trademarks, trade dress and/or other intellectual property rights that are owned, controlled or licensed by or to NAKED PALM. All such rights are reserved.
The content on the website, and the website as a whole, is intended solely for the personal and non-commercial use by users of our website. Any use of our website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of NAKED PALM.
You may download, print or store any of the page contents displayed on the website, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any website materials via email, no right, title, or interest in those materials will be transferred to you.
We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:
(a)for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NAKED PALM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NAKED PALM; and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – HEALTH AND SAFETY
In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, we confirm that the goods we supply do not present a hazard to health and safety when
- the product(s) are properly used for the purpose for which they are designed; and
- the customer takes reasonable and normal precautions in their use.
SECTION 20 – FORCE MAJEURE
Where, in spite of its reasonable efforts, we are unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the customer.
Force majeure means any clause affecting the performance by us of our 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.
SECTION 21 – NAKED PALM GIFT VOUCHERS
NAKED PALM Gift Voucher(s) are valid for 12 months from the date of issue. Any remaining balance will be cancelled once 12 months have elapsed.
Gift Vouchers can be used towards the purchase of goods at a higher price than its current value, the customer is then expected to pay the difference using one of the payment methods provided.
Gift Vouchers are considered a form of payment and therefore can be used in conjunction with a discount/ promotional code and used to pay for NAKED PALM delivery costs. Multiple Gift Voucher codes can be applied and used at checkout.
The Gift Voucher needs to be retained by the customer until they are satisfied with their purchase.
Gift Vouchers cannot be exchanged for cash nor can their value be refunded and debited back into your bank account. You cannot purchase another NAKED PALM Gift Voucher with a current NAKED PALM Gift Voucher.
Refunds for online purchases made with a Gift Voucher and returned to the website/store will be refunded back as a gift voucher. The total value of the gift voucher at the time of purchase will be placed back onto the Gift Voucher to be used again. If necessary, any extra monetary value paid using a payment method, such as but not limited to, Visa, will be refunded to the original payment method used.
Do not share your Gift Voucher code to anyone that you are not happy to redeem the voucher. We are not responsible for gift voucher(s) and their codes that have been redeemed in your negligence.
NAKED PALM is not responsible for any lost, stolen or damaged vouchers and therefore cannot refund any lost, stolen or damaged gift vouchers.
As Gift Vouchers are considered currency we cannot access your Gift Voucher code after it has been issued to you, so please keep this code safe for your own use.
SECTION 22 – OFFERS AND PROMOTIONS
We reserve the rights to modify, alter, terminate or discontinue such promotions at any time for any reason whatsoever without notice.
Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.
SECTION 23 – TRADE NAMES AND TRADE MARKS
Trade names and marks are not always indications of the actual manufacturer of a particular product.
SECTION 24 – PRODUCT WARRANTIES
We are committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities as described in our Return Policy.
We highly recommend following our Jewellery Care guide for all of our products, we are not responsible for item(s) damaged due to not following the care instructions.
All goods supplied by us are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular use or for use under specific conditions, unless expressly agreed in writing.
All services provided by us will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
SECTION 25 – DELIVERY
Please see Delivery and Handling information for delivery costs by destination and item type.
We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won't apply to orders already placed.
We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the unlikely event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order.
Ownership of and risk in the products you have ordered will pass to you at the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Returns Policy , risk will remain with you until we have received the returned product(s) you have posted to us.
SECTION 26 – RETURNS AND EXCHANGES POLICY
Please read our Returns Policy which details how to return unwanted or unsuitable items for a refund.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 – ENFORCEMENT OF TERMS OF USE
Only you and we shall have any rights to enforce any term of the contract formed between us.
The contract formed between us, which includes these Terms of Service and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.
If any of these Terms of Service or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.
To the maximum extent permitted by applicable laws, these Terms of Service, and any dispute or claim arising out of or in connection with these Terms of Service (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or their subject matter.
SECTION 29 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 30 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@nakedpalm.co.uk.