Trade terms & conditions
Conditions of Sale
0. DEFINITIONS
Within these terms and conditions the following terms will be referred to: Seller meaning Nine to Elleven Footwear Ltd, Units 11&12 Woodlea Park, Station Approach, Four Marks, GU34 5AZ
Customer / Buyer means the person or company who buys or agrees to buy goods from the Seller.
International Customer / Buyer shall mean, Customer from outside the United Kingdom.
1. GENERAL
These terms and conditions are applicable to the supply of products supplied by Nine to Elleven Footwear Ltd. Trading as Tallgirls, hereafter referred as Nine to Elleven or Seller, to the buyer.
Nine to Elleven and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics, or the products found on the website, published on our server, or in our catalogue for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Nine to Elleven and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Nine to Elleven and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from us.
The documents and related graphics published on the website or in the catalogue could include inaccuracies or typographical errors. Changes are periodically added to the information on the website. Nine to Elleven and/or its respective suppliers may make improvements and/or changes in the product(s) described herein at any time.
Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions.
Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2. PRICE
2.1 All prices are exclusive of postage and packing, unless otherwise stated. Postage charges are given at the last stage of the order and will be added to the order total. If placing your order by telephone, you will be informed of the postage charges at the time of order. Postage charges may vary depending on delivery address, weight, and value.
3. PAYMENT
3.1 Payments must be made in pounds sterling (£) only, unless otherwise stated.
3.2 We understand and may exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
4. PASSING OF PROPERTY
Nine to Elleven shall retain the property of the goods until full payment has been made by the customer and has been received by Nine to Elleven either directly from the customer or from the customer's bank.
5. PASSING OF RISK
The risk in the goods shall pass to the Customer on delivery, as defined in clause 6.3 below.
6. DELIVERY OF THE GOODS
6.1.1 Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all in stock orders within 7 (seven) days of receipt of payment to UK addresses.
6.1.2 Each order has an average 'delivery' time, which is the time it takes Royal Mail, or our chosen courier, to deliver the item. Details of the estimated delivery time are given when you place your order. If the total delivery time for the order exceeds 30 days, it is our policy to contact the customer and inform them of this.
6.1.3 Nine to Elleven cannot be held responsible for delays in the delivery caused by the manufacturer, courier, or any other third party.
6.2 Orders placed using express, next day delivery, have a slightly different policy. If the order fails to reach you within the guaranteed time (whether it be a problem with the despatch or delivery), you are given a credit on the delivery costs. If we are unable to despatch the goods we will contact you; you have the option to cancel the order or receive it with a revised delivery date.
6.3 If any products in your order are not available at the time of order we will inform you as to when they are expected to arrive in stock. If an item within a multiple item order is not in stock the whole order is held until the out of stock item is in stock, the order will be despatched as one. If you wish to receive in stock items sooner this is treated as a separate order and will incur further shipping charges. The policy in 6.1.1 still applies.
6.4 Most orders are sent through Royal Mail (which may involve Parcel Force). Unless otherwise specified all products are shipped using First Class, Parcel Post, Special Delivery, International Standard or International Scheduled. All orders except for First Class require a signature on receipt.Some larger orders, or orders with guaranteed services, may be sent via a different courier. The Customer must request any other delivery method they may require at the time of the order, and if we agree that this is a suitable method of delivery, goods will be shipped under Customer's responsibility.
6.5 PASSING OF RISK
6.5.1 Where a customer has opted for a Guaranteed Delivery option, the customer bears the risk of the goods once they have been signed for. If the customer has opted for Standard Delivery, the customer bears the risk of the goods as soon as they have left the Nine to Elleven premises.
6.5.2 When an order is returned to Nine to Elleven, the customer bears the risk of the goods, and is held responsible for them until they are received by Nine to Elleven
7. ACCEPTANCE
7.1 The customer is given a 5 day period where they may decide whether to accept or decline the goods received. The Customer shall inspect the goods within 5 days of receipt and shall be deemed to have accepted the goods unless the customer has contacted us (as stated in clause 8.2 below) to state that the goods are being 'declined'. If the goods are not accepted within the 5 day period, the customer is given the right to return the goods for a credit. If no such action has been taken, Nine to Elleven shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date. After this 5 day period a customer may only return goods as described in clause 8.4 below.
7.2 In the event of the Buyer representing the Goods to be defective due to faulty materials and/or workmanship only and such defects being accepted by the Seller the liability of the Seller shall be limited to crediting the cost of or replacing the Goods but no such liability shall arise unless notification of such defect is received in writing by the Seller within five working days of the date of the delivery of the Goods
8. RETURN PROCEDURE
8.1 If the goods are to be rejected in the time limit set in clause 7 above, the Customer shall comply with the return procedure as defined in clause 8.2, below. Nine to Elleven will not accept any returned goods should the return not follow the aforementioned return procedure.
8.2 If a customer decides that they wish to return their order within 5 days of receipt, they must contact Customer Services in one of the following ways: by telephone on 01420 561947 (International: +44 1420 561947); by e-mail at sales@tallgirls.co.uk ; or by post to
Tallgirls
Units 11 & 12 Woodlea Park
Station Approach
Four Marks
Alton
Hampshire
GU34 5AZ
A member of staff must be informed of the return. You will be reminded of your customer number (should the need be). This number should be clearly quoted on the returned package, and the package must be returned within a further 30 days of contacting Nine to Elleven. Goods must be returned in their original or suiatble packaging, and in an unused condition, the customer is responsible for the goods until Nine to Elleven receives them as defined in clause 6.3.2 above. The customer must pay for the postage to return the order, and the original postage charge will not be refunded unless the goods are faulty. A credit note for the cost of the goods will be issued to the customer once the goods have been received and checked by a member of staff to ensure that they have not been used. Due to the nature of our business particular scrutiny will be used in connection with this aspect of our returns policy. If there is a discrepancy over the returned goods, Nine to Elleven must contact the customer within 7 days of receipt to discuss this.
8.3 In cases where the rejection of the goods is due to a fault or defect or an error in the order (for example, the incorrect items have been sent), the Customer is entitled to a full refund or replacement (postage charges will also be refunded). The faulty or damaged product must be returned to Nine to Elleven before the refund or replacement can be issued. The customer is given up to 30 days after receipt of the order to return the goods to Nine to Elleven however they must still comply with the Acceptance procedure in clause 7, and contact Nine to Elleven within 7 days of receipt to inform of the return.
8.4 In cases where the rejection is made after the 5-day acceptance period, the Customer is entitled to an exchange. A customer may return an order for an exchange within 30 days of receipt. After this 30 day time period the order may not be returned. This does not affect the customer’s statutory rights. Goods should be returned as described above in clause 8.2, and must be unused and in their original condition.
8.5Goods returned for credit or exchange will be subject to a return administration charge of 15% of the value of the goods.
9. CANCELLATIONS
9.1 Cancellations are only accepted if the Customer complies with the following cancellation procedure and before the order has been despatched. If the order has been despatched prior to the cancellation, then the returns procedure must be followed. If the procedure is not respected, the order will be considered valid and the Customer will remain liable for the full payment.
9.2 Cancellations can be made with Nine to Elleven by telephone on +44 (0)1420 561947. A member of staff at Nine to Elleven will confirm the cancellation; we recommend that you make a note of the staff member's name. If the cancellation is successfully made before despatch, we will totally cancel your order and there will be no charge whatsoever.
10. FORCE MAJEURE
The Seller shall not be liable to the Buyer in respect of any claim for breach of contract loss or damage to the Goods or delay in delivery of the Goods if such claim arises as a result of force majeure or any other act or occurrence beyond the reasonable control of the Seller including any act of God or government, war, insurrection, embargoes, labour disputes, strikes, illness, flood, fire, tempest, currency control, or civil commotion.
11. LICENSE AGREEMENT
The Customer shall respect all license agreements delivered by the copyright owners. Nine to Elleven cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
12. INTERNATIONAL CUSTOMERS
Customers from outside the UK can only pay by International credit card or direct cash transfer and must pay in pound sterling unless otherwise specified. Most credit card companies allow international credit card payment in pound sterling. All other terms and conditions apply.
13. LAW
These terms and conditions are governed and shall be interpreted in accordance with all United Kingdom and Great British laws.
14. COPYRIGHT
The content of the website and catalogue is protected by copyright. The layout text, graphics, photos, (and layout thereof), source code and scripts are copyright of Nine to Elleven. All rights reserved.
Customers may electronically copy, or print in hard copy, the websites content for the sole purpose of placing an order, or for reference to our products and services. Any other use of materials on the Web site - including reproduction for purposes other than those mentioned above, modification, distribution, or republication - without the prior written permission of Nine to Elleven is strictly prohibited.
15. BUSINESS ADDRESS
Tallgirls
Units 11 & 12 Woodlea Park
Station Approach
Four Marks
Alton
Hampshire
GU34 5AZ
Registered company number: 3567795
VAT number: 717 6339 20
Telephone: +44 (0)1420 561947
