This section (together with the documents referred to on it) sets out the terms and conditions on which this website (www.cuckoosnestclothing.com) and the products available on it are supplied. Please take time to look through these Terms and Conditions carefully. You should understand that by ordering any of our Products or services, you agree to be bound by these terms and conditions. If you have any questions, or if you want to clarify anything, please contact us on 0845 519 6571. You should print a copy of these terms and conditions for future reference.
By completing your order you confirm that you have read, understood and accept our Terms & Conditions. If you do not accept our terms and conditions, you should not order any Products from our site or from any of our agents.
Terms and conditions
Information about us
We offer free delivery on every order to all areas within the UK. We do ship Internationally but unfortunately we do not offer free shipping on orders outside of the UK. Our orders are sent out via Royal Mail every working day. We use Royal Mail Priority International for all international orders; transit time may vary depending on the destination.
When you place your order we will send you an email acknowledging the order and that we are happy with the information you’ve supplied once your order has passed our internal checking procedure. It is only when you receive this email that a contract is formed between us and you.
We will send you a further email when your goods are dispatched. It is on dispatch that we will charge your account, card or PayPal account. We will, however, have reserved the funds at the point of order capture, which means you won’t be able to spend that money elsewhere between placing your order and us dispatching the goods. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
All Products on our website are offered subject to stock availability or on a pre-order basis. We will get in touch with you as soon as possible if any of the products you order are out of stock.
Please note that we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
You can make changes to your order at any time up to the point when you submit your order after entering your payment details. Changes to orders after that point are dealt with through the returns/re-ordering process described below.
The prices of any product will be as quoted on our site from time to time except in cases of obvious error. These prices are inclusive of VAT but exclude delivery costs (unless otherwise stated), which will be added to the total amount. Delivery costs are added to your order when you review your basket and are re-calculated based on any new information (Express delivery, delivery outside the UK) you enter during the checkout process. There is always the chance that a product might appear on our site with the wrong price. We verify prices as we process your order, and in the case where the price is lower than the price quoted on the website, we will charge you the lower amount. If the price is higher than the price on the website, we will either, at our sole discretion, charge you the lower price, or reject the order and contact you for further instructions. We have no obligation to supply incorrectly priced products to you, even after we have sent an order acknowledgement email, if the pricing error is obvious and could reasonably have been recognised as such.
Payment can be made either by bank transfer, credit/debit card (Visa, Mastercard, Maestro, Delta or Visa Electron) or via PayPal. If you don’t already have a PayPal account, you will be able to set one up as part of the payment process. At the moment, we cannot accept payments in cash, cheques or gift vouchers via our website. When you submit your order, you are confirming that your payment details are valid and correct.
All delivery times assume delivery to the UK Mainland (which includes Anglesey and the Isle of Wight). Deliveries to British Forces Post Office address, Northern Ireland, the Scottish Highlands & Islands, Isle of Man, Isles of Scilly and the Channel Islands will take longer, however, Express will always be quicker than Standard to these locations. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. During the ordering process we will calculate delivery charges based on your billing address or to UK Mainland unless you specify a delivery address that differs from either of these, in which case we will amend the charge based on the delivery address.
Standard Delivery: 3-5 working days (FREE - excludes Sales periods when all deliveries are charged at £1.95)
Express Delivery: 1-2 working days (£6.00)
International Delivery: 5-10 working days (£10.00)
Trade Orders are usually quoted at a price including delivery to you but excluding local import charges and taxes. Please check when placing your order if this is applicable to you.* Your order will be sent usually using UPS (or a comparable carrier of our choice). If you place your order before 2pm. Monday to Friday (excluding Bank Holidays in England and Wales), we will usually send it out on the same day if it is a stock item. Please note we cannot deliver on weekends. We will do our best to make sure your order reaches you in the timescales set out above. We cannot, unfortunately, be responsible for anything unexpected that affects our delivery partner.It is not customary for us to refund delivery charges under any circumstances. If you order products from our site for delivery outside the UK, 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.
Tracking your Order
After placing your order, you can track its progress by entering your provided tracking number on the UPS website or other carriers website. After the order has been collected from our warehouse we will usually supply a link to the courier’s website that will show where your order is in their system. If you have any difficulty in tracking your order, please get in touch with Customer Services.
Return and Refunds Policy
Naturally, we hope you’ll be delighted with the products you purchase from us. If for any reason you want to return anything, you can, within 30 days from the day that you receive the products. We will issue an exchange, a credit note or full refund excluding delivery charges.
Any unwanted items must be returned using our approved online returns process and be marked clearly with your returns approval number. Your statutory rights are unaffected by this policy.
Return it by post (at your cost) re-package the products you wish to return, be sure to include the returns approval form and take the parcel to your nearest post office. You will need to obtain proof of postage as part of sending the consignment.
Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products (including the delivery charge).
We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Please note that colours of products which are displayed on the website will depend on the monitor you use, so it is impossible to guarantee that the product you receive will be an exact colour match of the product you order from our website. Faulty products that you notify us about within a reasonable timescale after delivery are eligible for an exchange or refund (subject to our confirmation of the fault). Please see Returns Policy (above). We have no further liability to you other than the exchange or refund of the products. This does not affect you statutory rights. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data loss of data, or
• waste of management or office time
However arising and whether caused by tort (including negligence), breach of contract or otherwise. Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
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 including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central Government or other competent authorities. This does not affect your statutory rights.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If any of these terms and Conditions or any provisions of the agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Transfer of rights and obligations
The contract between us is binding on both you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract. Your statutory rights will be not be affected by any transfer or assignment.
Our Right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under this agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Law and Jurisdiction
Contracts for the purchase of Products through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Products returned to us must arrive in the same condition in which you received them and in re-saleable condition. That means:
• You can try them on as you would in a store
• Nothing must leave a scent or marks on the product (e.g. aftershave, perfume, lipstick, make-up)
• Shoes must not be worn outside and no scuffing can appear on the sole, or creasing to the upper
• Lingerie and swimwear must retain hygiene strips
• The product must have its original packaging and tags
• You cannot try on pierced jewellery If products are returned to us in a non-resaleable state we will refuse to accept the goods and you may have to compensate us.