Terms of service

Welcome to the Nielanell terms and conditions for use. These Terms and Conditions shall apply to all contracts entered into with us.

Nielanell is the trading name of Cliff Cottage Ltd (company registered in Scotland: SC779989). Registered address: Cliff Cottage, Hoswick, Sandwick, Shetland, ZE2 9HL.

By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.

1. GENERAL

a. When we receive your order you will receive an automated e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order. Your order will be accepted by us by way of a confirmatory e-mail (‘Order confirmed’) which will confirm the price. This Confirmation of Order shall contain all of the information regarding the goods you have ordered. We would advise you to immediately check the details contained in the Confirmation of Order and we advise you to print and keep a copy of it. You are able to correct errors in your order up to the point at which you click [“pay now”] on your order.

b. Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non-exchangeable, non-refundable and non-transferable.

c. Every care has been taken by us in the preparation of the content of our website, in particular to ensure that prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. All prices and offers are subject to change.

d. We have tried to ensure that the colours of products for sale appearing on our website are as near as possible to the actual products shown. However, the actual colours you see will be dictated by your computer equipment and screen, and therefore we are unable to guarantee the precise colour of the product on delivery. We reserve the right to offer alternative colours if the ordered colour is out of stock and will advise you of this in advance.

e. Measurements of garments are approximate, and each item will differ slightly in size.

f. All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered.

g. All prices are displayed on the website in UK sterling. Payments can be made in UK sterling using a credit or debit card (these are processed by Shopify) or via PayPal, Apple Pay, G-Pay or Shop Pay. Payments on the site are taken in UK sterling only. Other currencies are displayed for guidance only, and are externally estimated exchange rates for which we can accept no responsibility.

h. All transactions are performed through Shopify, PayPal, Apple Pay, G-Pay or Shop Pay and therefore you are bound by their terms and conditions in respect of payment transfers. We are not responsible for customer-generated mistakes including order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submission.

2. DELIVERY

a. We will aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given for the receipt of goods. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the goods you have ordered are not in stock at the time of placing your order or they are to be dispatched to an address outside of the UK.

b. Postal charges payable for goods will be notified to you before final checkout. Deliveries outside of the UK may be subject to import taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount.

3. RETURNS POLICY

a. If you cancel before the dispatch of any goods your money will be refunded and the goods will not be delivered.

b. We will offer a refund or exchange on an undamaged item within 14 days of it being received by you. Refunds will be made to the credit or debit card used to purchase the item(s) via the payment processing provider in accordance with these terms and conditions.

c. If you return an item to us because it is faulty, we will include with your refund the postage that you were charged when purchasing the item, and the postage you paid when returning the item to us (this does not affect your statutory rights). Any problems with any part of an order must be reported to us within 3 days of receipt. We are the sole arbiters in deciding whether goods are faulty.  Please e-mail info@nielanell.com and we will contact you in regarding the fault and how to return the goods.

d. If you are returning an item because it is unsuitable, we shall only refund the cost of the returned item, and you will be fully liable for the postage paid when returning the item to us and when purchasing the item.

e. All items being returned in accordance with this clause must be safely and securely packaged to avoid damage in transit. We shall not accept an item for refund if it has been damaged in transit or otherwise.

f. We advise that when you are returning items to us to use tracked postage, requiring a signature as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.

4. LINKS TO OTHER WEBSITES

a. We may place links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents and therefore we cannot accept any liability in respect of the use of these websites.

5. LIABILITY

a. We do not accept any liability arising from any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. All purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website, you shall be deemed to have accepted all of the amendments we have made.

b. You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.

c. We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.

6. COPYRIGHT

a. All of the rights, including copyright and database rights, contained in this website are owned by Nielanell. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.

7. DISCLAIMER

a. Our website and all contents of it relating to Nielanell are provided on a basis that they reflect the current position and activities without warranty of any kind whether express or implied in respect of this website and/or the information contained therein.

b. Products (including any third party products) provided to you by means of this website shall have limited warranties which can be provided to you upon request.

8. PRIVACY POLICY

Please see our Privacy Policy

9. MISCELLANEOUS

a. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

b. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland.

    c. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control. These events include but are not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events

    10. COMMISSIONS

    a. Bespoke goods are any goods specifically personalised and/or tailored to your specifications.

    b. Orders for bespoke goods cannot be cancelled or changed [once work has started on them].

    c. Bespoke goods, which are delivered as described and are in good condition, may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error.

    d. We are not responsible for customer-generated mistakes including order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submission.

    e. Faulty goods will be rectified free of charge. Any problems with any part of an order must be reported to us within 3 days of receipt. We are the sole arbiters in deciding whether goods are faulty.  Please e-mail info@nielanell.com and we will contact you in regarding the fault and how to return the goods.

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