Welcome to our NDEYE35 website which is designed to make your shopping experience as safe and enjoyable as possible.
These terms and conditions set out the basis on which you can use NDEYE35 website and services.
By placing an order with NDEYE35 Limited (“we”, “us” or “our”) for products which are sold on the website (“Products”) you will be deemed to have read, understood and agreed to these Terms and Conditions (“Terms and Conditions”). ‘You’ means the person whose order is accepted by NDEYE35. The ‘Recipient’ means the person who receives the purchase bought through www.ndeye35.com.
Please read these Terms and Conditions carefully and, if you are unhappy with any aspect of these, then the best way to contact us is through Contact Us’ section in our website.
1. ABOUT NDEYE35
NDEYE35 Limited’s address and registered office is 85 Great Portland Street, First Floor, London, W1W 7LT; registered in England and Wales with company registration number 12754964.
2. Customer Service
In order to provide you with the best possible service, we welcome any questions, comments and suggestions about our products and services. The best way to contact us is through the Contact Us’ section in our website.
If you have not received a reply from us there could be a few reasons why:
- Your email address may have been entered incorrectly.
- Your email was lost and has not come through.
- Our reply has been blocked by your spam filter and it has been sent to your junk folder.
If you do not receive a reply within 2 working days please contact us again, ideally from another email address, or by a different method.
3. Prices and Content
NDEYE35 takes the utmost care to ensure prices and the content of this website, including product descriptions and photographs are accurate and correct at the time of publishing.
The Products and Services available on the website, we may provide to you, are for personal use only. You may not sell or resell any of the Products or services, thereof you purchase or receive from us. All prices are shown in Pound Sterling, Euro, US Dollar or XAF depending on your currency choice and exclude post and package charges. Prices may change over time. NDEYE35 will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. In the event of an error or other content related issue, NDEYE35 reserves the right to correct such error without notification. NDEYE35 also reserves the right to cancel any order that may have been made under the pretense of such error.
All items are subject to availability. Validly stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available and if or when they will be available again.
The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Accuracy of colours and colour charts is not guaranteed because each computer displays colours in slightly different ways. Your product may vary slightly from those images. The packaging of Products may also vary from that shown in image on our website.
4. Order Confirmation & Dispatch Confirmation
Once you place an order with us, we will send you an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it and we are processing it. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. We may refuse to accept a transaction for any reason to anyone at any time at our sole discretion without any liability.
Acceptance of your order and completion of the contract between us will happen when we email you a Dispatch Confirmation stating the goods have been dispatched. The sale contract is therefore concluded in England and the language of the contract is English.
If you have not received a confirmation email from us there could be a few reasons why:
Your email address may have been entered incorrectly.
- Your email was lost and has not come through.
- Our reply has been blocked by your spam filter and it has been sent to your junk folder.
Alternatively, please get in touch with us and we will be happy to investigate further.
You can pay your purchases by PayPal or credit/debit card. Select the appropriate payment method when placing your order. If any of these payment methods are unsuitable, please contact us and we will be happy to discuss other payment options.
Please ensure that the details You enter are correct. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to NDEYE35, we will not be liable for any delay or non-delivery of merchandise. We retain the legal ownership of all merchandise until full payment has been made by you and received by us and legal ownership of the merchandise will immediately transfer back to us if we refund any payment for the merchandise to you. Risk in the merchandise transfers to you upon delivery.
6. Cancellations and Returns
We hope that you are delighted with your order, however, because you are a consumer and have purchased your Product online, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the legal right to cancel your order from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason you do not want the Products, you must inform us of your decision via our Contact Us form providing your order number and by returning the goods to us in their original, unopened and unused condition to exercise the right to cancel and receive a refund.
We are not able to stop processed orders from dispatch, even if you send us notice of cancellation before receiving your Dispatch Confirmation. For further details of how return merchandise, please see our Returns section.
Your right to return goods does not apply to goods:
- made to your specification; or
- which have been clearly personalised (such as by being engraved); or
- which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or
- where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete to inform us through our website via our Contact Us form. If you use this method, we will email you to confirm we have received your cancellation. A copy of the cancellation form may also be included in hard copy form with your order packaging. In addition, you can contact us by email at firstname.lastname@example.org . If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation form by email or by post, then your cancellation is effective from the date you send us the email or post us the letter.
If you cancel your Contract, we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (or you can choose to have such goods returned to you within 14 days of our notification that we intend to make a deduction). 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, you must pay us an appropriate amount.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
- make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
- refund you on the credit card or debit card or other payment method used by you to pay.
If you indicate in your cancellation request that you would rather receive an exchange than a refund, then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Product and the original Contract between us will be cancelled.
If a Product has been dispatched to you or you have received them before you decide to cancel your Contract then:
- then you must return it to us without undue delay (in the original product packaging if possible) and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
- you can either send it back to us at NDEYE35 ltd, 85 Great Portland Street, First Floor, London, W1W 7LT;
- when returning goods please obtain a proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed;
If you cancel your order but do not send off such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
If you made your purchase through a partnered retail location, then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us.
We will do our best to deliver goods promptly, however, we cannot accept liability for delay in delivery for any cause. See our Delivery information for more details.
9. Privacy & Security
10. Intellectual Property
The trade marks, logos and service marks (‘intellectual property’) displayed on our website are the registered and unregistered marks of NDEYE35, our affiliates, partners or licensors and/or our and are protected by UK and international trade mark and copyright laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
12. Product Liability
NDEYE35 shall not be held liable for any damages, injury or illness caused by the misuse of any product. It is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. NDEYE35 shall not be held responsible for any damages, injury or illness that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
13. Statutory rights
Nothing contained in these Terms and Conditions of Sale affects or will affect the statutory rights of the Customer or the Recipient in relation to the quality, fitness or description of the goods supplied.
14. Changes to legal notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
Any dispute to be governed by English Law. We meet our obligations under the consumer protection laws currently in force, including:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
The Consumer Protection (Distance Selling) Regulations 2000.
The Consumer Protection Act 1987.
The Data Protection Act 1998.
The Sale of Goods Act 1979.
The Supply of Goods and Services Act 1982.
The Consumer Credit Act 1974.
The Trade Descriptions Act 1968.
The Unfair Contract Terms Act 1977 and the 1999 Regulations.
16. Limitation of liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. NDEYE35 makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable.
NDEYE35 is not responsible for any direct or indirect loss or damage incurred by a customer due to delayed or lack of delivery of goods regardless of the method of delivery. Your statutory rights are not affected.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
17. Disclaimer Third Party Links
This website may contain links to other websites operated by parties other than NDEYE35. Such links are provided for your convenience only. NDEYE35 does not control such websites and is not responsible for their contents. NDEYE35’s inclusion of links does not imply any endorsement of the material on such websites or any association with their operators. All links made to such other sites are made at your own risk and we accept no responsibility for any linked sites: