TERMS & CONDITIONS

1. These Terms and Conditions will apply to the purchase of goods by you (referred to as “you” or “your”). We are Hemiwear Ltd, operating as NicholasHemingway.com, a business operating in the United Kingdom. Our contact email address is info@nicholashemingway.com (referred to as “we,” “us,” or “our”).
2. Please read these terms carefully. These are the terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. You can only purchase the goods from our website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

a. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession;

b. Contract means the legally-binding agreement between you and us for the supply of the goods;

c. Delivery Location means the address that you provide to us at the time that you submit your order;

d. Goods means the goods advertised on the website that we supply to you of the number and description as set out in your order;

e. Order means your order for the goods from us as submitted following the step-by-step process set out on the website;

f. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website;

g. Website means our website https://www.nicholashemingway.com/ or any other website, platform, or social media account owned or operated by us on which the goods are advertised.

Our Goods

4. Any description of the goods is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.
5. All goods which appear on the website are subject to availability.
6. We agree to supply goods which:

a. Are of satisfactory quality;

b. Are reasonably fit for purpose; and

c. Conform to their description.

Making an Order

7. When registering to use the website, you must set up a username and password. You are responsible for keeping your username and password secure and undertake not to disclose these details to anyone else.
8. You agree that we are entitled to retain and use all information in accordance with our Privacy Policy.
9. We may contact you at any time by using email or other electronic communication methods, and you expressly agree to this.
10. Your order is an offer to buy goods from us. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details and does not necessarily mean that we will be able to meet your order. You must ensure that your order details are complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in your order.
11. A contract is only formed when we have dispatched your order. We will write to you by email to confirm that your order has been dispatched. Although we will take all reasonable steps to fulfil your order, at any point up to then we may decline to supply the goods to you. If we are unable to fulfil your order, we will also contact you by email and will refund you the price paid by you for the goods (including any delivery costs). We will refund these sums to you as soon as reasonably possible, but please allow up to 10 working days for us to process any such refund.
12. Goods purchased from our website are intended for your personal use as a consumer only, and you warrant that any goods purchased by you are not for resale and that you are acting as principal only and not as an agent for another party.

Prices and Payment

13. The price of the goods and any additional delivery or other charges is set out on the website at the date of the order or such other price as we may agree in writing.
14. Prices and charges include VAT at the rate applicable at the time of the order.
15. You must pay by submitting your credit or debit card details with your order, and we can take payment immediately or otherwise before delivery of the goods.
16. The total price for goods ordered, including delivery charges, will be displayed on the website when you place your order. Full payment must be made at the point of order, and the goods will not be dispatched until payment has been made in full.
17. All payments made by you for goods are made through the website via Stripe Payments Europe Ltd (“Stripe Connect”) or such other third-party payment gateways that we select from time to time.
18. When using Stripe Connect, you agree to be bound by “Stripe Checkout User Terms of Service,” as amended by Stripe Connect from time to time.
19. We are not a party to the Stripe Checkout User Terms of Service or any of Stripe Connects other terms of business, and we have no responsibility to you in respect of these terms.
20. We cannot guarantee the availability of any third-party payment gateways to which we provide links on the website, including Stripe Connect, and we shall have no liability to you in respect of the same.

Delivery?

21. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the delivery location as nominated by you at the time of ordering.
22. Time is not of the essence for the delivery of any goods supplied under this agreement.
23. All orders are delivered by a reputable courier service as we may select from time to time. We will make every effort to deliver within the time stated; however, we will not be liable for any loss caused to you by late delivery. If the goods are not delivered within the estimated delivery time which we quote, please contact us by email, and we will try to ensure that you receive your order as quickly as possible.
24. No refunds of the delivery charge are made for late deliveries.
25. Incomplete orders must be notified to us as soon as possible following delivery and in any event within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items at our sole discretion.
26. You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
27. If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable costs of storing and redelivering them.
28. The goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the goods before accepting them.
29. Where delivery is outside the United Kingdom, you may need to pay import duties or other taxes, as we will not pay them.

Cancellation and Returns

30. You can withdraw your order at any time before the contract is made (i.e., before the goods are dispatched) by notifying us at info@nicholashemingway.com without incurring any liability.
31. As a consumer, you can cancel the contract (except any perishable goods or goods which are made to your special requirements) at any time before 14 days from the date that you or your named nominee physically receive the goods by notifying us in writing at info@nicholashemingway.com, and returning the goods in unopened and undamaged condition at your expense to our address as set out in these Terms and Conditions within 14 days of notifying us that you wish to cancel.
32. Upon receipt of the unopened and undamaged goods within 14 days, we will refund the price paid by you for the goods (excluding any delivery charges) as soon as reasonably possible. Please allow up to 10 working days for us to process any such refund.
33. In the event that the goods are faulty upon delivery, please notify us in writing at info@nicholashemingway.com within 30 days of the date that you or your named nominee physically receive the goods, setting out full details of the fault. If acting reasonably we determine that the fault existed at the point of delivery, we will refund the price paid by you for the goods (excluding any delivery charges) as soon as reasonably possible. Please allow up to 10 working days for us to process any such refund.

Limiting our Liability

34. In the event that we are unable to supply the goods due to events outside our reasonable control, we will inform you in writing as soon as reasonably possible, and our obligations will be suspended, and we will not be liable for any failure to supply the goods during this time. This does not affect your right to cancel the order as set out above.
35. We shall not be responsible to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with these Terms and Conditions for loss of profit, loss of sales or business, loss of savings or anticipated savings, loss of or damage to goodwill, or any indirect or consequential loss.
36. Unless set out in these Terms and Conditions, we do not give any representations, warranties, or undertakings, and any representation, condition, or warranty which might be implied or incorporated into these Terms and Conditions by common law or otherwise are, to the fullest extent permitted by law, excluded.

Customer Feedback and Disputes

37. Customer feedback is very important to us, so please do contact us at info@nicholashemingway.com.
38. In the unlikely event that a dispute occurs, please contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
39. If we are not able to resolve any issues between us, you can also seek online alternative dispute resolution using the European Commission online platform: http://ec.europa.eu/consumers/odr.