ABOUT THESE TERMS

These are the terms and conditions on which we supply the products listed on our website (www.nekela.com) or via our apps (together referred to as Websites and/or Apps) to you.

Please read and check these terms and conditions (these terms) carefully before you submit any orders to us.  These terms will tell you who we are, how the contract between us (Contract) is formed, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.  If you have any queries regarding our terms, please contact us to discuss this.  You should understand that by ordering any of the products listed on our Websites and/or Apps, you agree to be bound by these terms.

INFORMATION ABOUT US

You may contact us by emailing us at service@nekela.com.

If we need to contact you, we will do so by telephone or by writing to you at the email or postal address you provide to us in your order or in any other correspondence you send to us.

SERVICE AVAILABILITY

OurWebsites and/or Apps are only intended for use by people resident in certain serviced countries.  We do not accept orders from individuals who live outside of those countries.  In addition, some extra restrictions are placed on the extent to which we can accept orders from specific countries.  Please review our serviced countries page before ordering products from us.

YOUR STATUS

By placing an order through ourWebsites and/or Apps, you warrant that:

You are legally capable of entering into binding contracts;

You are at least 18 years old;

You are resident in one of our serviced countries; and

You are accessing our Websites and/or Apps from one of our serviced countries.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order using our Websites and/or Apps, you will receive an e-mail from us acknowledging that we have received your order.  This does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a product or products.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further e-mail, which confirms that the product has been dispatched (Despatch Confirmation).  The Contract will only be formed when we send you the Despatch Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Despatch Confirmation.  We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Despatch Confirmation.

We will inform you if we decline all or any part of your order. If we do so, no Contract will be formed between us in relation to and we will not charge you for the items we have declined to supply.  We may do this for various reasons including, for example, because a product you have ordered is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of a product you have ordered or because we are unable to meet a delivery deadline you have specified.

If we notice something unusual in an order or an account we may need to refuse or cancel an order or close or freeze an account even though we have previously confirmed such order..  Please contact us straight away if this happens to you and you think we have made a mistake.

OUR PRODUCTS

The images of products on our Websites and/or Apps are for illustrative purposes only.  Although we try to display the colours of our products accurately, we cannot guarantee you will see those colours with complete accuracy on any particular device in any given situation so you may find some difference between the product you receive and its appearance on yours or any other device’s display.

Product packaging may vary from that shown in images on our Websites and/or Apps or from packaging used when you ordered from us previously.

The occurrence of differences and discrepancies of the kind mentioned in this paragraph 6 would not mean that a product does not comply with its description.

OUR RIGHTS TO MAKE CHANGES

We may change our products:

to reflect changes in relevant laws and regulatory requirements; and

to implement minor technical adjustments and improvements.

In addition, we may make other and potentially significant changes to our products, but if we do so in relation to anything you have ordered, then we will notify you to give the chance to end the Contract before the changes take effect and to receive a refund for any affected products you have paid for but not yet received.  The refund will be paid to you as soon as possible and, in any case, within 14 days of your cancelling the Contract.

DELIVERY

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after we send our Despatch Confirmation.

We may deliver products in separate deliveries.  Each separate delivery will be invoiced and paid for in accordance with the Contract.  Each delivery will constitute a separate Contract.

If you fail to take delivery of the products and they are returned to us, you will be charged an administration fee.  We may also end the Contract, in accordance with clause 16.1.3 below.

If our supply of the products is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.  Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.  We will keep you updated as much as we can in these circumstances.

RISK AND TITLE

The products will be your responsibility from the time we deliver them to the address you give us.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

PRICE AND PAYMENT

The price of any products will be as quoted on our Websites and/or Apps from time to time.  We take all reasonable care to ensure that the price of the product advised to you is correct.  However, please see clauses 10.3 ‑ 10.5 for what happens if we discover an error in the price of the product you order.

The prices displayed on our Websites and/or Apps include Sales Taxes but exclude delivery costs, which will be added to the total amount due.

Our Websites and/or Apps feature many products and it is always possible that, despite our best efforts, some of the products listed on our Websites and/or Apps may be incorrectly priced.  We will normally verify prices as part of our despatch procedures so that, where a product’s correct price is less than our stated price, we will charge you the lower amount.  If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order to give you the opportunity to cancel.

If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you. In these circumstances, we are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation.

If we discover a pricing error and we cannot make contact with you, we will treat the order as cancelled.

YOUR RIGHTS TO END THE CONTRACT

These terms do not affect your statutory rights.

For most products bought online you have a legal right to change your mind within 14 days and receive a refund, beginning on the day you received the products.  In this case, you will receive a full refund of the price paid for the products in accordance with clause 15.1.1 below.

You do not have a right to change your mind in respect of:

products that are sealed for hygiene purposes, once these have been unsealed after you received them;

underwear if the hygiene seal is not intact or any labels have been broken;

swimwear if the hygiene seal is not intact or any labels have been broken; or

pierced jewellery if the seal has been tampered with or is broken.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

To cancel a Contract, please inform us in writing via email at service@nekela.com with CANCELLATION in the email title before the cancellation period has expired.  Your cancellation will be effective from the date of your cancellation email.

If you end the Contract for any reason after products have been despatched to you or you have received them, you must return them to us. To start a return or to find out more about the different return options available to you, please visit the Rebound portal.  If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the Contract.

Any returned products you return should be sent in their original condition and packaging where possible  (with original tags, labels and hygiene strip in place).   .  You have a legal obligation to take reasonable care of the products while they are in your possession.  We would advise that you keep evidence of returning the products to us in case they are lost.  We will not refund your payment without either receiving the returned products or evidence to our reasonable satisfaction of their return.

We may reduce your refund of the price to reflect any reduction in the value of the goods (up to the full price), if this has been caused by your handling them in a way which would not be permitted in a shop.  For example:

where possible, all returned items should be sent back to us in their original condition together with the original packaging and all tags;

footwear should only be tried on carpeted floors to protect the soles; and

footwear should be returned with the original box (if any) and any original shoe or dust bags (if any).

When trying on products, you must not use unnecessary force and you must not wear make-up, perfume, cologne, deodorant or antiperspirant as these can mark and leave scents on the products.

If an item is returned to us worn, damaged or in an unsaleable condition, or where the above instructions have not been followed, we won’t be able to give you a refund and we may have to send it back to you and ask you to cover the delivery costs.  Alternatively, we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item.

If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way or if they have been worn, used, damaged or are in an unsaleable condition, you must pay us an appropriate amount which we will determine at our discretion.

IF THERE IS A PROBLEM WITH THE PRODUCT

If you have any questions or complaints about the product(s) you have ordered, please contact us.  You can write to us at service@nekela.com.

Once we have entered into a Contract with you, we are under a legal duty to supply products that are in conformity with this Contract and which are as described, fit for purpose and of satisfactory quality.

If you believe that any of our products do not conform to the descriptions given, are not fit for purpose or are defective and you would like to exercise your legal right to reject the products, you can return them to us without charge via Rebound.  On receipt, we will examine the products and pay you a full refund of the price paid for the products in accordance with clause 15.1.2 below if we agree that they are defective or non-conforming.

OUR REFUNDS POLICY

When you return a product to us:

because you have exercised your legal right to change your mind and cancel the Contract between us within the 14 day cooling-off period (see clause 12 above), we will process the refund due to you as soon as practicable and, in any case, within 14 days of the day we receive your returned products.  We will refund the price of the products in full (subject to clauses 13.3 ‑ 13.7).  However, we will not refund delivery charges if you have not used our free delivery service via Rebound.

for any other reason (for instance, because the product is defective), we will examine the returned product and will notify you of your right to receive a refund (subject to clauses 13.3 ‑ 13.7) or replacement via e‑mail within a reasonable period of time.  We will process the refund or replacement due to you as soon as practicable and, in any case, within 30 days of the day we confirmed to you via e‑mail that you were entitled to a refund or replacement for the defective product provided that you have given your instructions in good time in relation to whether you would prefer a refund or replacement.  Products returned by you because of a defect will either be replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will refund any money received from you using the same method originally used by you to pay for your purchase.

We are not responsible for and will not refund any fees or charges imposed by your bank, building society or credit card company for processing any transaction or refund in relation to your order.

If we detect an unusual pattern of return activity which we consider to be an abuse of our refunds policy (e.g. if we suspect that someone is wearing their purchases and then returning them, or is returning products which do not match what was ordered), we reserve the right to deactivate your account and any associated accounts.  If this happens to you and you think we have made a mistake, please contact us at service@nekela.com. 

OUR RIGHTS TO END THE CONTRACT

We may end the Contract at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that such payment is due;

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

you do not, within a reasonable time, allow us to deliver the products to you.

If we end the Contract in any of the situations set out in clause 16.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we incur as a result of your breaching the Contract.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Contract but we are not responsible for any loss or damage that is not foreseeable Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time our Contract was made, we ought to have known it might happen as a result of any breach.

We do not seek to exclude or limit our liability in any way in which would be unlawful.  Accordingly we do not in any way limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described, of satisfactory quality, fit for any particular purpose made known to us.

We only supply our products online via our Websites and/or Apps for domestic and private use.  If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy statement, which can be accessed from Privacy Policy.

IMPORT DUTY 

If you order products from our Websites and/or Apps for delivery outside the USA, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

PROMOTIONAL CODES

From time to time, we may give you promotional codes that you can use to reduce the price of specified products.  Each promotional code has its own terms, which will be made clear at the time it’s issued to you.

We reserve the right to withdraw, cancel or modify promotional codes if we suspect issues such as fraud, tampering, technical errors or anything else that is beyond our control that effects the running or fairness of the promotional code.

OFFERS

Buy One Get One FREE (BOGOF) Returns

Can I return items from a Buy One Get One FREE (BOGOF) offer?

Yes, but your refund amount for each item will be proportionally reduced.   When you purchase items as a Buy One Get One offer, the discount reflecting the price of the lowest-priced item is proportionally applied to each eligible item. If any item is returned, the refund will be equal to the original price of the item reduced by the proportional discounted amount.

Here are some examples:

Buy One, Get One Free:

If your qualifying items are $30 and $20, the discount will be $20 and spread proportionally across both items. The $30 item will be reduced by $12 and the $20 item will be reduced by $8. The original $30 item will result in a refund of $18 and the original $20 item will result in a refund of $12.

USE OF WEBSITES

You must not misuse or tamper with our Websites and/or Apps (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise interfere with our tech or functionality or steal our or our customers’ data.  We will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.

You agree to indemnify, defend and hold harmless Rustin and Mallory Wholesale Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Websites and/or Apps or your breach of these terms.

INTELLECTUAL PROPERTY

We pride ourselves on our independent and innovative designs, developed in-house by our brilliant designers.  Sometimes we find that our designs are copied by others, and we take steps to ensure that those copies are taken off sale.  In the unlikely event that you have concerns in relation to one of our designs, please get in touch with us at service@nekela.com, setting out your concerns in detail, and we will investigate and get back to you.

NOTICES

All notices given by you to us must be given to Rustin and Mallory Wholesale Limited in writing by email to service@nekela.com.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order.  Notice will be deemed received and properly served 3 days after sending an e‑mail or as the case may be the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This Contract is between you and us.  No other person will have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

The time allowed for us to perform our obligations under a Contract will be extended for as long as a Force Majeure Event continues and impacts our ability to do so but we will use our reasonable endeavours to find a way to perform our obligations despite the Force Majeure Event.  However, if a delay due to a Force Majeure Event continues for more than 30 days, you may notify us that you wish to end the Contract in respect of undelivered items in which event we will refund to you all sums paid in respect of those undelivered items.

WAIVER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

SEVERABILITY

Each of the clauses of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

OUR RIGHT TO VARY THESE TERMS

Each order made by you will be subject to our policies in force at the time that you order and which can be found on our Websites and/or Apps, unless any change to those policies or these terms is required by law or governmental authority.

LAW AND JURISDICTION

Contracts for the purchase of products through our Websites and/or Apps and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by The law of the United States.

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.  If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, please contact us for details.

Pre-order Terms & Conditions

These Terms & Conditions (“Terms”) apply when you pre-order a product from nekela.com. By placing a pre-order you are agreeing to be bound by these Terms, so please read them carefully before you place a pre-order and keep a copy or note for your records.

Placing a pre-order

Pre-released orders (“Pre-orders”) are orders for products (“Products”) that are not yet available for general sale from nekela.com.

In order to place a nekela.com, you will need to provide certain information, including but not limited to your name, address and billing information. It is your responsibility to ensure this information is accurate and up to date.  If we do not have accurate information, we will not be able to keep you informed.

Payments

Pre-order payments do not guarantee availability of the Product but represent your offer (“Offer”) to buy the Product when it is generally released for sale.  We reserve the right not to accept your Offer and the your Offer is only accepted once the Pre-ordered product is despatched.

When you place a Pre-order you will need to pay the full upfront price of the Product. You may cancel your Pre-order and get a full refund of your Pre-order Payments at any time before the Product has been despatched.

Delivery

Where possible, orders will be shipped to you or be ready for collection as soon as is practicable, subject to availability. For some areas delivery will take longer.

Release dates are subject to change. As a result, we cannot be liable for any changes to Release dates or Pre-order windows advertised by us.

Cancellation

Either party may cancel a Pre-order at any time for any or no reason prior to our notice to you that the Product has been despatched (“Despatch Notice”). If cancellation occurs before the Despatch Notice, you will be entitled to a full refund of your Pre-order payment.

The purchase of the Product is subject to additional terms and conditions, which will be notified to you before you complete your purchase, in your order confirmation. When you buy from our online shop, our online shop purchasing terms will also apply.

We reserve the right to amend these Terms. Please check our website for updates.