All terms and conditions apply to the UK, with exclusions to Northern Ireland in the following sections; Courier delivery information, delivery times, DPD Precise, evening courier delivery service and Northern Ireland only.
These terms and conditions set out the basis on which you can use our website and place orders for items from Next Directory. By ordering goods from Next Directory you are deemed to have understood and accepted these terms. The supplier of the goods featured is Next Directory, a trading name of Next Retail Limited, subsidiary of Next Holdings Limited, (“Next”, “we”, or “us”). Registered office Desford Road, Enderby, Leicester, LE19 4AT. Registered number 4521150 (England and Wales). You may contact us at this address or by email through the help section at next.co.uk or call us on 0333 777 8000#. Lines open 24 hours a day, 7 days a week. Telephone calls to and from Next Directory will be recorded and monitored as part of our efforts to further improve service to our customers. We may contact you for marketing purposes by email, mail or telephone with relevant offers from the following Next Holdings Limited companies: Next Retail Limited and Lipsy Limited. We may also contact you for market research purposes. Next Retail Limited is authorised and regulated by the Financial Conduct Authority for consumer credit. # For call charges contact your service provider.
When you apply for credit we will make searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register. The agencies will record a search which can be seen by you, Next and other lenders on your credit file, whether or not credit is granted. We will use credit scoring methods to assess your application and to verify your identity. If we agree to offer you credit online and, for any reason, you do not complete your online order after accepting the terms of the Credit Agreement, a nextpay account will not be created. Credit searches and other information which is provided to us and/or the credit references agencies, about you and those with whom you are linked financially, may be used by Next and other companies if credit decisions are made about you or other members of your household. This information may also be used for debt tracing and the prevention of money laundering as well as the management of your nextpay account. Information held about you by the credit reference agencies may already be linked to records relating to people with whom you are linked financially. For the purposes of credit searching you may be treated as financially linked and you will be assessed with reference to any ‘associated’ records. If we enter into a credit agreement with you we will also supply details of your agreement with us to the credit reference agencies, as well as on going details of your nextpay account and how you manage it. If you do not pay on time, or in full, we will advise the credit reference agencies who will record details of the debt. All this information will be seen by other organisations carrying out later searches. Adverse entries regarding the conduct of your account will remain on your credit file for up to six years. The credit reference agencies may also use the records for statistical analysis about credit, insurance and fraud. You have the right of access of your personal records held by credit reference agencies and we will supply their names and addresses upon request to the Data Protection Manager, Next Directory, Desford Road, Enderby, Leicester, LE19 4AT or email dataprotection@next.co.uk. We will make periodic searches of group records and credit reference agencies to manage your nextpay account, to take decisions regarding credit, including whether to make credit available or to continue or extend existing credit. These searches will not be available to other lenders for credit assessment purposes. We may also use your information, including shopping habits to open and run your nextpay account, including payment recovery, fraud prevention, debt tracing and for our marketing. Some of the information you provide may be transferred outside the European Economic Area for processing. However, strict rules regarding the confidentiality and security of your information are in place to safeguard it.
A nextpay account allows you to spread the cost of purchases (subject to status and approval 22.9% APR variable representative). To hold a nextpay account you must be 18 or over and a UK resident. The Terms and Conditions governing your use of a nextpay account will be set out in the credit agreement, which will be made available for you to sign online during the application and a copy sent to you in the post. Next reserves the right to alter or amend credit charges, to withdraw credit, to accept or reject orders, to refuse applications, or with two months prior notice to close an account. To prevent identity fraud you may be required to confirm your identity when placing an order on your nextpay account.
The Next Directory may be sent to you, at our discretion, usually in January and July each year at a charge of £3.75 per publication. We will notify you before we send any chargeable publications giving you the chance to cancel. We may also send you supplementary Directories and “New In” publications at no additional charge.
Purchases from Next Directory including transactions on your Directory Card in-store will be charged the day the goods are despatched/purchased in-store.
Statements You will receive a statement every month detailing your purchases unless you have not placed an order and there is no outstanding balance. Your statement will show what we have sent you since your last statement, the payments we have received from you, the outstanding balance, your minimum payment and the date this is due, your current credit limit, the balance available to spend and what we have sent you since your last statement, (i.e. any returns, the payments etc).
Your Next Credit Account will be subject to a credit limit which we may vary at any time (up or down). We will give you one month’s notice of any increase in your credit limit. If we notify you of a proposed increase to your credit limit, you’ll have the option to accept the increase before the end of the notice period, to refuse the proposed increase (in which case we may offer you further increases in the future) or to refuse any future offers of increases. If you refuse any future offers of credit limit increases, you will be able to change your preference in the future if necessary.
The outstanding balance of your Next Credit Account must not exceed your credit limit. If you exceed your credit limit you may be asked to pay the excess immediately. Your credit limit will be shown on each statement.
You must pay at least the minimum monthly payment shown on your statement. Where there is a balance on your account at the time a statement is generated, we will calculate this as being equal to 5% of the total balance on your account on the date the statement is generated, excluding any default charges added to your account in the period, rounded up to the nearest £1, or, £5, whichever is higher plus any default charges added to your account in that statement period. If, however, your balance is less than £5, your minimum monthly payment will be the full outstanding balance on your account at the time the statement is generated plus any default charges added to your account in that statement period. Your minimum monthly payment will be recalculated in the same way at the time each statement is generated.
You can however pay us more than the minimum monthly payment due at any time.
TO MAKE A PAYMENTThe taking of payment from you by Next under any of the means set out below or in accordance with a Next Account does not indicate that a contract has been formed between you and Next. By placing a telephone order or by completing and submitting the electronic order form including your payment details you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Payment will be refunded to you if your offer is later refused or rejected by Next.
By Direct DebitCall 0333 777 8000# to set up a Direct Debit and discuss the options available. For further information see our full terms and conditions at next.co.uk/terms.
By Telephone/Internet BankingTo make a payment using telephone, internet or other remote banking services, please quote the following sort code 40-27-15 and bank account number 02462087 followed by your customer number.
At A Next StorePay at the till point in one of our stores. A member of our staff will take your account number or swipe your Directory Card and then process the payment. Please retain your receipt. Directory Cards and Refund Cards cannot be used as payment. Available in all UK stores only.
By InternetVisit next.co.uk, click on “My Account” and sign in to pay by debit/credit card, gift card, e-Vouchers or PayPal.
By SelfserveCall free 0800 5877758 and key in your SelfServe number (as shown on your despatch note) on your touchtone phone. Just enter the amount and your credit/debit* card details. Alternatively call us on 0333 777 8000# and we’ll take your payment over the phone. We can only accept a credit/debit card registered at the Account address.
* Although we generally accept all major debit/credit card types when making a payment, on occasion we may ask that a different card be used. This will be based on our internal rules, but we’ll aim to let you know as soon as we can to prevent any delay in your order reaching you.
By Next Gift Card/e-VouchersWe accept payment by Next Gift Card and e-Vouchers
via SelfServe and by signing into “My Account” and selecting “Giftcard Payment” under the account options menu. Unfortunately we are unable to accept Gift Voucher payments online. To pay by Gift Voucher please write your customer number on the reverse of the Gift Voucher and keep note of the serial number. Complete the payment slip and send to NEXT Admin Department, Gedding Road, Leicester, LE5 5DW.
At A Payzone OutletPlease take your statement to any Payzone Outlet and pay at the till point. The Sales Assistant will scan the barcode on the front of your statement to process the payment. Please note that Payzone Outlets can only accept cash payments. Please ensure you retain your receipt.
Our interest charge is 22.9% APR (variable). If you do not pay your full balance in any month by the date set out in your statement (or such later date as we may allow) we will charge you interest on:
1. Items added to your account
On the following items as follows:
If your account is two months in arrears we may apply a charge of £7.50 to your account to cover our administration costs. We refer to this as a late payment fee. We will not apply this charge again while your account remains in arrears but if you bring your account back up to date we may apply a further charge of £7.50 if your account is two months in arrears at a later date.
Your account will be in arrears if you do not make a payment which is due in full. In addition we may charge you £5.50 for each payment that is returned unpaid.
Purchasing goods with your Directory Card is subject to the credit limit of your Next Credit Account, which is variable. Purchases made with Directory Card in store will be added to your credit account normally within 1 working day of purchase, and will appear on your next monthly statement.
You understand that a Next Directory Card may be issued to you, at our discretion, to use your Next Credit Account to purchase, return or exchange goods in all Next group stores. To be eligible for a Next Directory Card, you must be an existing Next Credit Account holder with a good payment history and have received at least three statements. We contact all eligible customers directly. You do not need to contact us to request a card. Purchasing goods with your Directory Card is subject to the credit limit of your Next Credit Account, which is variable. Purchases made with Directory Card in store will be added to your credit account normally within 1 working day of purchase, and will appear on your next monthly statement.
Under Consumer Credit Legislation if your Directory Card is lost, stolen or misused by someone without your permission, you may have to pay up to £50 to Next as the Creditor of any loss to the creditor. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to Next for losses which take place after you have told the creditor about the theft etc. as long as you confirm this in writing within 7 days.
Customers without a Next Credit Account can pay for items as they are ordered by credit or debit card, eVoucher or gift card or PayPal. The terms and conditions set out below will then apply.
Your order for goods is accepted and a contract is formed between Next and you when we despatch the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by Next, nor at the point in time that you receive an email from Next acknowledging receipt of your order. Until the goods are despatched the order may not be accepted by Next or may be cancelled by you. Exceptions apply to orders for personalised items and goods made to your order which cannot be cancelled by you once you have received email confirmation that your order has been received; as such items and goods may already be in production as a result of your order. For a full list of exceptions please see under the heading EXCEPTIONS TO THE RETURNS POLICY. For security reasons, until you have placed an order for goods, received your first statement and a payment has been received for those goods, you will be unable to order gift cards. For security reasons we may restrict the volumes of certain items to be sold in any one transaction. Following formation of the contract Next shall continue to own any goods ordered until it has received payment in full from you even though the goods may have already been delivered to you.
Standard courier delivery charge to home is £3.99 for one man delivery items. Items requiring 2 man delivery are charged at £8.00. Same day and evening delivery charges are an additional £1.00 on top of our standard delivery charge. The following exceptions apply: fresh flowers free delivery, wine £3.99 per box, personalised picture gifts £3.99 per item, gift cards and vouchers from £2.00 each (free delivery for eVouchers), large domestic appliances from £19.99 per item (Northern Ireland £34.99), digital photos £1.50 per order and photo gifts up to £7.50 per order, charges will be detailed at point of order. These additional delivery charges will not be refunded if you cancel or return your order unless the product is faulty or does not fit the description given. We do not deliver wine outside mainland UK and Northern Ireland, this includes to BFPO addresses. We do not deliver fresh flowers outside mainland UK and Northern Ireland, this includes to BFPO addresses. Over our busy periods our standard delivery services may be affected, specific delivery details will be confirmed at the time of order.
The next day delivery service applies on orders placed before 12 Midnight. The next day delivery service is only available in our personal courier areas and is subject to stock and courier availability and demand.
When the personal courier service is not available, Next will deliver by an alternative carrier and this may take longer. It is not applicable to Postal Flowers, Wine, items ordered from the Gift List, Gift Cards, Art 2 Order, Personalised Gifts, Photo Processing, Bathrooms Suites, Carpets, Gift Experiences, House Signs, Made2Order, Next Entertainment, fitted bedrooms by Hammonds Space are excluded from the personal courier and next day delivery service Domestic Appliances can be delivered next day but a surcharge applies.
Delivery times cannot be guaranteed. Next Day Delivery is not available during Sale periods. Specific delivery details will be confirmed at the time you order.
Next Day Delivery is not available in the following postcodes (subject to change):
NB If the first 4/5 characters of any of these entries match your postcode (eg. AB12 3xx), this information relates to you.
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Standard courier delivery charge to home is £3.99. DPD Precise is charged at £5.99 and will only be offered to customers that live in an eligible postal area. Delivery charge for Gift Cards is £2 for standard delivery Royal Mail 1st class, £3 Royal Mail 1st Class Recorded Delivery and £5 Royal Mail Special Delivery. Gift card orders with £125 to £200 value will automatically charge a special delivery rate. 2 man delivery service is £8.00 for large furniture and items requiring two man delivery. Standard next day & evening delivery is not applicable to postal flowers, wine, 2 person delivery items, items made to your specification or items ordered from Gift List, Next Bathrooms, Hammonds, photos, Domestic Appliances, Beaverbrooks, Art2Order, Made2Measure, House Signs, Garden Shop, and Next Experience websites. Standard next day delivery is available to most stores, however evening delivery options are not available for delivery to stores or to orders placed in Northern Ireland. Standard next day & evening delivery options are not available during Sale periods. Specific delivery details will be confirmed at the time you order. Standard courier delivery services are available in most areas. Evening delivery is only available in selected areas. All courier delivery services are subject to stock, courier area and availability and demand. When the standard courier service is not available,
Next will deliver by an alternative carrier and this may take longer. Delivery times cannot be guaranteed. No delivery services are available on a bank holiday. Delivery times cannot be guaranteed.
Delivery times
The standard next day delivery service applies on orders placed Monday to Saturday. Next day delivery is not available on Sundays in Northern Ireland.
DPD PRECISEFor an extra £2.00 DPD Precise can be selected as a delivery method, for orders placed before 8pm, when checking out. Customers will be able to choose a 1 hour delivery time slot from a range of available time slots during the following 6 days. DPD will then be in contact with customers who will be able to make amendments to the delivery if required. This service is not available in Northern Ireland, mainland offshore islands and selected mainland area.
Same day courier delivery service
For an extra £1.00 same day delivery service applies on orders placed Monday - Thursday before 12 midday, 11am on a Friday, for delivery between 6pm and 9.30pm Monday to Friday. This service is not available in Northern Ireland.
Evening courier delivery service
For an extra £1.00 evening delivery service is available for delivery between 6pm and 9.30pm Monday - Friday. Orders can be placed up to 7 days in advance, and must be made by 12 midday for delivery same day. This service is not available in Northern Ireland.
Weekend furniture, upholstery and large homeware delivery service
Weekend delivery service is available for delivery between 7.30am and 6.00pm Saturday and Sunday.
Store delivery information
Delivery to stores is not applicable for all flowers, wine, items ordered from the Gift List, Gift Cards, Art2Order, personalised items or items made to your order, photos, Domestic Appliances, Gift Experiences, Next Entertainment, fitted bedrooms by Hammonds, bathrooms by Bathstore, Beaverbrooks products, or some large furniture and upholstery items. Please take one form of personal identification e.g. driving licence or utility bill and either your Directory Card, statement, delivery note or letter accompanying your Directory. Orders delivered to stores that are not collected within 10 days of the collection date will be returned to the warehouse and a refund processed.
next day delivery to store service
Next day delivery to store is free. Parcels will be available for collection in most stores on the stated delivery day after 12 noon. The next day delivery to store service applies to orders placed before midnight on any day. Delivery times cannot be guaranteed. It is available in most stores and is subject to stock availability and demand.
Standard delivery to stores
Standard delivery to stores is free. You will be advised of the earliest delivery date at the time of order. This service is available in over 500 Next Stores. For new customers placing their orders, payment is required at the time of ordering until the account has been established. It is not available for orders made on a nextpay account until you have received your first statement and you have made a subsequent payment, for made to order items, digital photos and photo gifts, fresh flowers or selected large/bulky items. Please take one form of personal identification e.g. driving license or utility bill and either your Directory Card, statement, delivery note or letter accompanying your Directory.
We will email you when your order is ready for collection at your designated store.
The free next day delivery service applies on orders placed at next.co.uk before 12 midnight (excluding orders placed in store for delivery to home) when you spend £50 or more (excluding the £3.99 standard delivery charge). The £50 order is calculated before incentives and promotions are removed. The next day delivery service is only available in our personal courier areas throughout Northern Ireland and is subject to stock, courier availability and demand. Free delivery will be based on account address only. When the personal courier service is not available, Next will deliver by an alternative carrier and this may take longer. It is not applicable to Postal Flowers, wine, items ordered from the Gift List, Gift Cards, Art 2 Order, personalised gifts, photo processing, bathrooms suites, Gift Experiences, House Signs, Made2Order, fitted bedrooms by Hammonds Space and Domestic Appliances. Delivery times cannot be guaranteed. Next Day Delivery is not available during Sale periods. Specific delivery details will be confirmed at the time you place your order. We will not make a delivery charge if returns or the cancellation of a held order leaves the net order value below £50. If your order value is below £50, you will pay £3.99 delivery to home. Delivery to store is free. If the whole of an order for which Delivery has been charged is returned, the £3.99 charge will be refunded, (if you have a “pay with order” account, this will be deducted from your refund). Any order of large items which requires a 2 person delivery will be charged at £8.00; any order which contains large item(s), but isn’t specified as a 4 day 2 person delivery will have free delivery if the order value is £50 or more. You will be informed at point of order if your goods require 2 person delivery. Return your unwanted item(s) within 14 days (beginning on the day after the day you receive the goods). Returns collected by Next from your home cost £2.50. The returns charge will be deducted from your account. If you have any questions please go to www.next.co.uk/help where we have a full range of information to help you, or call us on 0333 777 8000 or call our self-serve on 0800 587 7758. For call charges contact your service provider.
SAME DAY COURIER DELIVERY SERVICE Same day delivery service applies on orders placed Monday - Friday before 12 midday (or before 11am on a Friday), for delivery between 6.00pm and 9:30pm Monday to Friday.
EVENING COURIER DELIVERY SERVICE Evening delivery service is available for delivery between 6.00pm and 9:30pm Monday - Friday. Orders can be placed up to 7 days in advance, and must be made by 12 midday for delivery same day (or before 11am on a Friday).
There is no delivery charge for flowers and plants including any add on gifts.
Flower stems and hardware may vary from those pictured according to seasonality and availability. Fresh Flower cancellations and changes are possible up to 48 hours prior to delivery.
Most fresh flower orders placed Monday to Friday before 8pm can be delivered the next day. Most orders made on Saturday before 12pm and Sunday before 12pm can be delivered next day. No deliveries are made on Bank Holidays or the day following a Bank Holiday. Deliveries are made Monday - Sunday between 7am and 7pm (except Bank Holidays). Delivery times cannot be guaranteed. Delivery is generally to mainland UK postcodes only, excluding Northern Ireland. No deliveries are made on Bank Holidays or the day following a Bank Holiday.
Delivery does change by product so check individual bouquet for more delivery details.
You will be advised of delivery availability at time of ordering. Orders for alcohol can only be taken from those over 18 years of age. Flower and wine orders are not returnable, for refunds on a faulty item please phone 0333 777 8050#.
Most wine orders placed before 4.30pm can be delivered within 48 hours.
No deliveries are made on Bank Holidays or the day following a Bank Holiday.
You will be advised of delivery availability at time of ordering. Orders for alcohol can only be taken from those over 18 years of age. Wine orders are not returnable, for refunds on a faulty item please phone 0333 777 8050#.
Products on the express delivery will be delivered to your home within 5 working days. If your order consists entirely of 5 day delivery items furniture or sofas and they are in stock then you will be offered a delivery date within 5 working days.
If all your items are on the 5 day express delivery service you will be offered 1 date within the 5 day slot otherwise the delivery will be outside this lead time. If the first delivery date you are offered is out of the 5 working day period then contact the customer services team on 0333 777 8077#
Note: The 5 day delivery offer is only available in core delivery areas covered by Next delivery fleet. Please check on ordering. Out of the core delivery areas you will be offered the first available delivery slot. Customers ordering one or more items in an order will only be charged once. We are unable to deliver Furniture and Sofas outside of the British Isles.
The service allows orders to be delivered to the account address as well as up to 5 other addresses. Additional delivery addresses can be added to your Account either during checkout or by logging into ‘My Account' and selecting the ‘Delivery Address' option. You must sign into your Next Account with your password to use this feature. (Unfortunately we are unable to deliver to workplace addresses).
After the new address details have been entered we will ask you to authenticate the new address against your billing address by entering your credit card details (the credit card must be registered to your billing address). We will not take any payment from the card and the information will not be stored by us, it is simply used as a security check. Once you have completed this step you can start delivering items to an alternative address. To enable us to deliver to a different address to your ‘Account Address' on some occasions we may require you to pay by credit card for your order when you checkout. The credit card must be registered to the Account Address.
Gift Cards or eVouchers cannot be used for goods purchased and delivered to an alternative delivery address for security reasons. In the instance that part of the order is delivered to a store and part is delivered to a new address, the order may still need to be paid for in full by credit card.
Under Consumer Regulations you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. Please be aware that your right to cancel does not apply to certain goods that we sell, for example, items made to your order, such as photo gifts and made to measure curtains, fresh flowers, perishable food items, audio or DVD recordings, computer software and games, unsealed toiletries and cosmetics, or pierced earrings. You must inform us of your wish to cancel in writing either by letter, email or by using the cancellation form on the website or call 0333 777 8000# within a period of 14 days beginning on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, within 14 days of informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage. We cannot accept substitute or alternative items by way of returns nor are we able to send them back to you, so please look closely at the items you return to us. If you return or attempt to return substitute or alternative items you will still be responsible for paying for the original item purchased and we reserve the right to charge an investigation fee of no less than £35 to cover the cost of our investigating the position. We can offset this amount due from other sums that may be due to you for refunds etc. Accepting returned goods and/or crediting an account does not constitute a waiver of our right to charge an investigation fee. For full details of your rights under the Consumer Protection Regulations, please contact your Citizens Advice Bureau or a Solicitor. Fresh Flower cancellations and changes are possible up to 48 hours prior to delivery. Full details of how to return goods can be found in the RETURNS section. Additional terms and conditions apply to cancelling orders for certain goods such as made to order items, large items of furniture and domestic appliances. Please refer to the terms relating to the supply of those goods. Additional Delivery Charges: same day and evening delivery charges will not be refunded if you cancel or return your order.
You may return most items in a new and unused condition and wherever possible in the original packaging. If you return the whole order the £3.99 delivery charge will be refunded. To return large Home items see next.co.uk. To return Beaverbrooks products, see separate heading below. If you want to cancel/return your order you must tell us within 14 days (beginning on the day after the day you receive the goods), and you then have 14 days to return the items. Some items may not be returned or cannot be returned to a store. For all the details see Exceptions to the Returns Policy further on in these terms and conditions. If you paid for the order by credit/debit card, returns via courier are charged at £3.99 per collection, per order. This charge is applied per order even if you return multiple orders via one courier collection. Any charges will be deducted from your credit/debit card or PayPal account prior to any refund. If you paid for the order using your nextpay account, returns via courier are charged at £3.99, if you return all the items in an order. This charge will be applied on the return of the final item in the order, if the returns are not returned at the same time. This charge is applied per order even if you return multiple orders via one courier collection. Items bought in store using a Next Directory Card cannot be returned via Courier and must be returned to a store.
Returning to a StoreThis service is available in most Next stores except our airport stores and is free of charge. If you are returning an item via a store, please take your delivery note with you. For details of your nearest store please call 0333 777 8939# or log on to next.co.uk/stores. Certain items cannot be returned to stores, as detailed in the Exceptions to the Returns Policy further on in the terms and conditions. Items bought in store using a Next Directory Card cannot be returned via Courier and must be returned to a store.
Using Hermes Parcel Shop to return a parcelFashion and small homeware (excluding electrical) items in a new and unused condition can be returned via a Hermes Parcel Shop. To return items you will need the ‘peel off’ returns label from the original despatch note. Without this a return cannot be completed at a Hermes Parcel Shop. Specific packaging or despatch bag are not required, although if possible please return in the original packaging. The items should be in a sealed secure parcel, with the ‘peel off’ returns label attached. You will receive proof that you have returned a parcel at a Hermes Parcel Shop. Hermes Parcel shops will not accept the following Next Directory items for return: large or bulky items, 2 man delivery items, Beaverbrooks’ products, wine, domestic appliances, Gift List items, copies of the Next Directory and products for return to Bathstore at Next, Hammonds & Next Experience websites. Refunds will be made once the parcel has arrived back at our Returns Centre. This may take up to 7 days. Some items may not be returned or cannot be returned to a Hermes Parcel Shop. For all the details see Exceptions to the Returns Policy further on in these terms and conditions. If you paid for the order by credit/debit card, returns are charged at £3.99 per return, per order. This charge is applied per order even if you return multiple orders via one return. Any charges will be deducted from your credit/debit card or PayPal account prior to any refund. If you paid for the order using your nextpay account, returns are charged at £3.99, if you return all the items in an order.
This charge will be applied on the return of the final item in the order, if the returns are not made at the same time. This charge is applied per order even if you return multiple orders at the same time.
PostTo return by post call 0333 777 4574# to request a returns label, then take to your nearest Post Office.
Returns to store are free of charge. Please see EXCEPTIONS for items which cannot be returned to stores. Returns via our courier are charged at £3.99 per collection. Simply call 0333 777 8000# to arrange for a courier to collect the items from your home. Items left for the courier to collect are at your own risk. To return by post contact 0333 777 4574# and we will send you a label. Any charges will be deducted from your credit/debit card, PayPal Account prior to any refund. If a customer with a Next Credit Account pays for an order by debit/credit card or PayPal any refund due for that order will be applied to their Next Account and not the method used for payment.
The following exceptions apply to our standard returns policy. We cannot accept any returns through our airport stores. We are unable to accept the return of large bulky items, domestic appliances, Beaverbrooks’ products,personalise me (for how to return these see separate heading), wine, domestic appliances, Gift List items and products for return to Bathstore at Next, Hammonds & Next Experience websites, or copies of the Next Directory through our stores. A non-refundable collection charge of £30.00 will be applied to large homeware, furniture and upholstery items if delivery is refused, or collection is requested, unless the product is faulty or does not fit the description given. No refunds or exchanges can be given on items made to your specification, such as digital photos and photo gifts and made to measure items, or on either unsealed sample pots or full size pots of paint unless there is a manufacturing defect or the goods are not as ordered. For hygiene reasons, pierced jewellery items, cosmetics, toiletries and mattresses cannot be returned if unwrapped or unsealed unless faulty. Perishable items such as food, plants, drinks and fresh flowers cannot be returned. Where a product has a security sticker warning that the product cannot be returned once the sticker is removed, a refund or exchange will not be given if the seal is broken except in accordance with legal rights. Gift cards/eGiftcards/vouchers cannot be returned or exchanged for cash. Returned items which are not in new or unused condition may not be fully credited to your account unless they are faulty.
UK, EU and Jersey. The prices shown are inclusive of any value added tax or sales tax. Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax or sales tax. The current price will be shown when you place your order. All prices shown are cash prices in sterling. Prices of goods displayed in and ordered through the Directory may differ from prices in-store.
All products are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any products in a business or public environment.
All orders for products are subject to availability. In the event of seasonal supply difficulties of fresh flowers we reserve the right to substitute flowers and packaging of equal quality and value. For champagne or wine, vintages and labels may vary from those shown.
Next take great care with the colours used in the collections. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation. Every reasonable care has been taken to ensure that the descriptions are accurate. However, specifications may change.
If you do have a complaint please contact us so we can put it right. You will need to provide your full details. If you are a Directory/Online Customer you will also need to include your date of birth.
Call 0333 777 8247, email complaints@next.co.uk, or write to Next Customer Services, Gedding Road, Leicester, LE5 5DW. Complaints via e-mail should only be directed to the above e-mail address to ensure they are dealt with as quickly as possible. Complaints directed to an individual’s e-mail address may not be dealt with as promptly.
Unresolved Complaints- If you have already spoken to someone about your complaint but it remains unresolved, our Complaint Resolution team can step in. To speed things up, please provide your name address and phone number as well as details about your complaint e.g. store name, item number and your account or order number. Call 0333 777 4582, email unresolved_complaints@next.co.uk, or write to Complaints, Next Retail Ltd, Desford Road, Enderby Leicester LE19 4AT.
Credit Complaints In the unlikely event that you remain dissatisfied with our response to any complaint regarding a Next credit product or service, you may be entitled to refer it to the Financial Ombudsman Service http://www.financial-ombudsman.org.uk/. Please note that the Ombudsman will only consider your complaint if you have given us the opportunity to resolve it first. It is also important to note that the Financial Conduct Authority (FCA) does not investigate individual complaints. So please contact us directly in the first instance.
All Other Complaints - In the unlikely event that you remain dissatisfied with our response to any other complaint, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr.
If you decide to use this service, when completing the form asking for the trader’s email address, please use the following Next e-mail address: ODR@next.co.uk
Next Directory is a member of the Direct Marketing Association (UK) Ltd (DMA) and is required to operate within the rules of the DMA's Code of Practice. The Code is administered by the Independent Direct Marketing Commission.
You have the right to cancel your credit agreement within 14 days of opening the Next Account. If you want to cancel your Next Account you will need to confirm this in writing to us at the following address – Next Customer Services, Gedding Road, Leicester, LE5 5DW or call 0333 777 8000#.You will need to tell us your name, address and Next Account Number. If you decide to cancel your Next Account you will need to pay for any items that you have received or return them to us in a new condition including the Next Directory if it hasn't been paid for. Please call 0333 777 8000# to arrange this. If you do not exercise your right to cancel, this agreement will remain in force and effect and its terms and conditions will bind you. Your Next Account will continue unless you or we decide to close your Next Account. We have the ability to do this at any time on two months notice at our discretion. You can close your account at any time by writing to us (including your name, address and Next Account number) at – Next Customer Services, Gedding Road, Leicester, LE5 5DW. If you close your Next Account you will have to pay any outstanding balance on your Next Account immediately. If you do not use your Next Account for 2 years or more we may make searches about you at credit reference agencies before allowing further orders or we may close your account automatically
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Next (the "CRR Service"). To the extent of any conflict between our Privacy Policy and these Terms of Use, these Terms of Use will take precedence in respect of the CRR Service.
By submitting any content to Next, you represent and warrant that:
In order to buy an eVoucher you must have a Next Directory Account. A recipient of an eVoucher must have a valid email address. It's possible to receive an eVoucher without having a Next Directory Account but it is not possible to redeem the eVoucher online without an Account.
You can book delivery of the eVoucher up to 60 days in advance but payment will be taken immediately.
Please remember to enter the receiver's email address carefully as we cannot be held responsible if the address is entered incorrectly and someone other than the intended receiver uses the eVoucher. Once you have placed your order online we cannot change the receiver's email address, cancel or issue a refund for your eVoucher.
Your eVoucher can be used by you if you are the purchaser or it is given to you as a gift. You can use the eVoucher in full or part payment for goods purchased in participating Next Retail stores in the UK and Eire or online at next.co.uk.* To redeem your eVoucher instore take a print out of your eVoucher into any participating Next store or present your eVoucher email on your mobile phone.
Your eVoucher cannot be used at nextdirect.com. eVouchers cannot be used to buy Gift Cards or eVouchers or pay the account used to purchase them.
The value of your purchases will be deducted from the balance on your eVoucher when presented; any remaining balance can be used against future purchases. Purchases and refunds outside the UK are subject to currency conversion at the prevailing daily rate. Your balance will be updated after every purchase and will be shown on your till receipt if your purchase was made in store.
If the order value exceeds the amount of the eVoucher, the balance must be paid by credit or debit card or charged to a Next Directory Credit Account. If paying with an eVoucher and credit or debit card, your items will be charged at point of order not at point of despatch. The balance on the eVoucher can also be used to pay a Next Directory account (but not the Account used to purchase the eVoucher) via next.co.uk or by calling Selfserve on free phone 0800 58 777 58 and quoting your Selfserve account number which can be found on your statement or delivery note.
Where goods purchased online with eVoucher are subsequently returned, monies owing will be refunded in the form of a eVoucher/Giftcard or refunded to the original method of payment. Where a Next Directory Credit Account is used, a credit will be applied to the account. Where goods purchased in-store with eVoucher are subsequently returned, monies owing will be paid in the form of a new Gift Card.
The eVoucher is not for re-sale and cannot be exchanged for cash. The eVoucher cannot be returned and change or refunds will not be given. The eVoucher will not be honoured if sold. To check your balance at anytime call 0333 777 8800# in the UK or 1890886111 in the ROI. #For call charges, contact your service provider.
Buying or redeeming an eVoucher is subject to our normal Terms and Conditions and order validation procedures. #For call charges, contact your service provider.
The eVoucher will automatically expire 24 months after the last time that you use it to make a purchase or check your balance and any remaining balance will be deducted.
Next cannot accept responsibility for your eVoucher if it is lost, stolen, damaged or used without permission. It will not be replaced or its value refunded in any of these circumstances.
Any payment credited to the eVoucher which is subsequently dishonoured will result in the credit being revoked. This eVoucher remains the property of Next and is not a cheque guarantee, credit or charge card.
Next reserves the right to amend these terms and conditions and/or discontinue the eVoucher at any time. Your statutory rights are not affected.
Next reserves the right to remove, block or de-activate eVouchers without notice.
*Exclusions apply. The eVouchers cannot be used for the following: Garden Plants, Next Bathrooms, Hammonds, Photos, Domestic Applianaces, Art2Order, Made 2 Order, Wine, Gift List, Flowers, House Signs, wall stickers, Kitchens and Experience websites.
You warrant that you will not use any of the photo printing services for any fraudulent or illegal purpose and that you will not submit any image that: is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or
would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
Use the service to transmit or invite access to any images described in paragraphs (a) through (c) above.
and you accept and undertake that you will be liable for any action taken against Next in relation to such activities and will fully indemnify Next against all actions, claims, demands or costs which may arise as a result.
Right to decline
Intellectual property rights
You warrant that you are the owner of the copyright in any material that you send to us for reproduction.
Liability
Without prejudice to the first paragraph of the Digital Photos and photo gifts section, (general liability statement) above, Next's liability to you shall be limited to the sum of £50 for any one incident or series of related incidents and up to a total of £100 for all incidents in any period of twelve months.
Without prejudice to the first paragraph of the Digital Photos and photo gifts section (general liability statement) above, Next shall not be liable for any economic loss, profits or anticipated savings, any loss of goodwill and reputation or any loss of data or any consequential loss as a result of breach of contract and/or negligence. Your legal rights are not affected by this clause.
This card can be used by you if you are the purchaser or the person that you give it to as a gift in full payment for Photo Art purchased from http://www.next.co.uk/art only.
Any payment credited to the card which is subsequently dishonoured will result in the credit to your card being revoked.
The card is not for re-sale and cannot be exchanged for cash. No change will be given. The card will not be honoured if it is sold.
If you have received this card as a gift and it is unwanted please return it to any Next store to receive credit by refund card to the value of the gift which you will be able to use to pay for goods purchased in Next retail stores in the UK only.
As Next Photo Art is made-to-order to your requirements no refunds or exchanges can be given unless your instructions have not been carried out or the item is found to be faulty. Your legal rights are not affected. The quality of the final product will depend on the quality of the original image sent. Some colour variations may occur in reproduction. You must ensure that you own the rights to the image that you submit and that you have obtained any relevant permission to use it in this way. Next reserves the right to not print any image which it considers unsuitable or which may cause offence.
The card will automatically expire 24 months after issue and any remaining balance will be cancelled.
Next cannot accept responsibility for your card if it is lost, stolen or damaged. It will not be replaced or its value refunded in any of these circumstances.
The card is not a cheque guarantee, credit or charge card.
This information is supplied in English only and we will continue to communicate in this way during your agreement with us.
© Copyright of Next Retail Ltd, Desford Road, Enderby, Leicester, LE19 4AT. All rights reserved.
Company information, VAT and sales taxes
If any of this information changes we will tell you by updating the terms and conditions at next.co.uk/terms or by including details on or with your monthly statement, in the Directory or by separate note to you. These terms and conditions are correct at the time of going to press.
Our agreement with you is based upon English law and the laws applicable to this agreement are the laws of England and Wales.
The incentive offer is valid for one order only. The incentive is valid until the date shown with your offer.
This offer is only valid on introductory orders with Next Directory. One incentive per customer only. Redemption of the incentive discount involves applying for a Next Directory Account (please see below).
The incentive can only be activated once the PIN number is registered at next.co.uk. It can only be entered via the registration page at next.co.uk (unless another URL is provided with your PIN offer).
Incentive is only valid on orders placed at the time of registering for an account. It will not be valid if account is created and order is placed at a later date.
The incentive can only be used for purchases made online at next.co.uk . It is not valid for in store or telephone transactions.
The incentive is only valid on introductory orders over the specific amount stated with your PIN (excluding delivery) at next.co.uk. THE INCENTIVE IS NON-TRANSFERABLE AND MAY NOT BE REPRODUCED IN ANY FORM OR USED IN CONJUNCTION WITH ANY OTHER OFFER (INCLUDING SALE).
Offer excludes product offered at Next Bathrooms, Hammonds, Photos, Domestic Appliances, Made2Order, Gift Cards, Wine, Gift List, Flowers, House Signs, Carpets, Art2Order, Green Retreats & Experience websites.
If the order is returned, the money off incentive is not refundable.
The promotion PIN code is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The PIN/ card will not be honoured if it is sold or exchanged. The PIN (if presented in a card format) remains the property of Next and is not a cheque guarantee, credit or charge card.
Next cannot accept responsibility for your online PIN offer if it is lost, stolen or damaged. It will not be replaced or its value refunded in any of these circumstances.
Offer open to UK, Channel Island and Isle of Man residents over 18 years old only (except employees of Next plc).
Should you wish to open a Next Credit Account when shopping online, please refer to ‘How we use your information and Opening a Next credit account'.
Next reserves the right to amend these terms and conditions and/or discontinue the incentive offer at any time.
Your statutory rights are not affected.
The incentive offer is valid for one order only. The incentive is valid until the date shown with your offer.
This offer is only valid on introductory orders with Next Directory. One incentive per customer only. Redemption of the incentive discount involves applying for a Next Directory Account (please see below).
The incentive can only be activated once the PIN number is registered at next.co.uk. It can only be entered via the registration page at next.co.uk (unless another URL is provided with your PIN offer).
Incentive is only valid on orders placed at the time of registering for an account. It will not be valid if account is created and order is placed at a later date.
The incentive can only be used for purchases made online at next.co.uk . It is not valid for in store or telephone transactions.
The incentive is only valid on introductory orders over the specific amount stated with your PIN at next.co.uk. THE INCENTIVE IS NON-TRANSFERABLE AND MAY NOT BE REPRODUCED IN ANY FORM OR USED IN CONJUNCTION WITH ANY OTHER OFFER (INCLUDING SALE).
Offer excludes product offered at Next Bathrooms, Hammonds, Photos, Domestic Appliances, Made2Order, Gift Cards, Wine, Gift List, Flowers, House Signs, Carpets, Art2Order, Green Retreats & Experience websites.
The gift will be sent out separately to the introductory order placed.
Gifts are subject to availability. If a chosen gift is unavailable, Next will send another incentive from this offer as a substitute.
The gift incentive is yours to keep and should not be returned, even if the introductory order is returned, by courier or in store.
The gift incentive cannot be exchanged or returned for a refund of its nominal gift value.
If a gift is chosen and items from the introductory order are returned such that the value of the order retained by the customer falls below the minimum order value, there will be a £10 charge deducted.
The promotion PIN code is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The PIN/ card will not be honoured if it is sold or exchanged. The PIN (if presented in a card format) remains the property of Next and is not a cheque guarantee, credit or charge card.
Next cannot accept responsibility for your online PIN offer if it is lost, stolen or damaged. It will not be replaced or its value refunded in any of these circumstances.
Offer open to UK, Channel Island and Isle of Man residents over 18 years old only (except employees of Next plc).
SHOPPING WITH NEXT ONLINE you must apply for a Next Directory Account. Before you shop we will search the files of credit reference agencies who record the search which can be seen by you and Next on your credit file, if you are declined for credit or you are accepted and you complete your order. If you are accepted for credit, but do not complete your order, the credit search will only be visible to you and Next. Credit applications are subject to status. If we are unable to offer credit or you choose to use the credit we offer, the credit reference agencies will also record a search which will be seen by other lenders. We will also share information about you and the conduct of your account with credit reference agencies, other lenders and with relevant third parties. Information about you and other members of your household including credit and electoral roll data and those with whom you are financially linked will be used to verify your identity and for credit assessment of you and them. We may also use your information, including shopping habits to open and run your credit account including payment recovery, fraud prevention, debt or tracing and for our marketing. We may contact you for marketing purposes by mail, email or telephone with relevant offers from Next Holdings Limited Companies. Next Holdings Limited will not share your information outside of the group for marketing purposes. 22.9% APR Typical. Next Directory is a trading name of Next Retail Ltd and a member of Next Holdings Limited. Next Retail Ltd, Desford Road, Enderby, Leicester, LE19 4AT. Registered number 4521150.
PLEASE READ THROUGH THE TERMS AND CONDITIONS ON THIS TERMS AND CONDITIONS PAGE FOR FULL DETAILS ON SHOPPING WITH NEXT DIRECTORY.
Next reserves the right to amend these terms and conditions and/or discontinue the incentive offer at any time.
Your statutory rights are not affected.
The incentive offer is valid for one order only. The incentive is valid until the date shown with your offer.
This offer is only valid on orders with Next Directory. One incentive per customer only.
The incentive can only be activated once the PIN number is registered at the URL detailed with your PIN. It will not be valid via normal log in from next.co.uk
The PIN can only be used for purchases made online at the URL stated with your PIN. It is not valid via next.co.uk through in store or telephone transactions.
The incentive is only valid on orders of over the specific amount stated with your PIN. Offer excludes flowers, wine, prescription glasses and photo processing.
If the order is returned, the money off incentive is not refundable.
The promotion PIN code/ card is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The PIN/ card will not be honoured if it is sold or exchanged. The PIN remains the property of Next.
Next cannot accept responsibility for your online voucher PIN/card if it is lost, stolen or damaged. It will not be replaced or its value refunded in any of these circumstances.
Offer open to customers of Next Directory, who are UK residents over 18 years old only.
Next reserves the right to amend these terms and conditions and/or discontinue the incentive discount at any time.
Your statutory rights are not affected.
The Promoter is Next Retail Limited, trading as Next Directory, Desford Road, Enderby, Leicester, LE19 4AT. Registered number 4521150.
The ePIN Voucher is valid for one order only. In order to redeem your ePIN Voucher you must have a Next Directory Account. It's possible to receive an ePIN Voucher without having a Next Directory Account but it is not possible to redeem the ePIN Voucher online without an Account. To hold a Next Directory Account you must be over 18 and a UK resident. The ePIN Voucher can only be used for purchases made online at www.next.co.uk/epin. It is not valid in store or for telephone orders. Simply log in online at - www.next.co.uk/epin and enter your unique 10 digit pin number onto this screen, the ePIN voucher value will be deducted off your total balance at the end of your order. You can use the ePIN Voucher in full or part payment for goods purchased online at next.co.uk.* ePIN Vouchers cannot be used to buy Gift Cards, e Vouchers or ePIN Vouchers. All ePIN Vouchers are for one use only and there is no change given, therefore, you will need to spend above the face value to ensure the full balance is redeemed, i.e. if you have a £10.00 ePIN Voucher, you will need to spend £10.01 to ensure the full balance has been redeemed. If the order value exceeds the amount of the ePIN Voucher, the balance must be paid by credit or debit card or charged to a Next Directory Credit Account (subject to a credit check when opening a new account). If paying with an ePIN Voucher and credit or debit card, your items will be charged at point of order not at point of despatch. Where goods purchased online with an ePIN Voucher are subsequently returned, monies owing will be refunded in the form of an ePIN Voucher. Where goods purchased are returned in-store, monies owing will be paid in the form of a new Gift Card. If you have any queries regarding a return, please contact the Business to Business department at B2B@next.co.uk.
The ePIN Voucher is not for re-sale and cannot be exchanged for cash. The ePIN Voucher cannot be returned and change or refunds will not be given. The ePIN Voucher will not be honoured if sold. Buying or redeeming an ePIN Voucher is subject to our normal Terms and Conditions and order validation procedures and cannot be used in conjunction with any other Next Directory incentive or promotion.
The ePIN Voucher is valid until the date shown with your offer.
Next cannot accept responsibility for your ePIN Voucher if it is lost, stolen, damaged or used without permission. It will not be replaced or its value refunded in any of these circumstances.
Next reserves the right to amend these terms and conditions and/or discontinue the ePIN Voucher at any time. Your statutory rights are not affected.
Next reserves the right to remove, block or de-activate ePIN Vouchers without notice.
*Exclusions apply. The ePIN Vouchers cannot be used for the following, Next Bathrooms, Hammonds, Photos, Domestic Appliances, Art2Order, Green Retreats, Made 2 Order, Wine, Gift List, Flowers, House Signs, Carpets, Kitchens, Home Design Service, Magazine and Experience websites.
Next's liability to you in respect of your order (including in respect of delayed, corrupted, damaged and lost orders) is limited to the value of the order. If the images you submit are of value, or you are using the service for business purposes, such that, in the event your images were damaged, destroyed or lost, your loss would exceed that amount, you should take out the appropriate insurance at your responsibility. Your legal rights are not affected.
We recommend that before submitting digital images to us you retain a copy for yourself to use in the unlikely event of your images being lost or corrupted. In particular, whilst the web album service is intended to provide a convenient way of grouping your images and sharing them with others, it is not intended as stand alone depository for your images and you should not rely on it as such. You should always retain your own copies of all images uploaded.
Delivery of prints
All prints will be delivered to the delivery address supplied by you during the registration process. Your order will be accepted upon Next notifying you by email that your order has been accepted and has agreed to supply the prints, greetings cards and/or photo gifts to you.
Time for delivery of photos and photo gifts is an estimate only and it is not a condition of this agreement.
Delivery time varies depending on the product. For prints it should take 2-7 working days, for all other products, please allow up to 12 working days.
If your products haven't arrived within the relevant time period for your order, eg a 16x24 Canvas can be up to 12 working days from time of order, then please check with your local sorting office to see if they are holding any packages for you. Otherwise, please contact us with your order number and full address.
Returns and cancellationsYou hereby consent to the Next photo printing services commencing immediately and as such you will not have a right to cancel your order. However, in the event that you are unhappy with any aspect of our online print services, you will be entitled to send the prints back to Next within 30 days of receipt whereupon Next will provide a full refund of the purchase price. Due to the personalised nature of photo gifts and greetings cards, we are unable to offer refunds on these items, except where we are required to do so by law. Your legal rights are not affected by this section.
If you believe your item is faulty after 30 days or you have any questions, please contact 0333 777 4510# or send an email to customer_team@next.co.uk. Your legal rights are not affected.
Illegal useYou warrant that you will not use any of the photo printing services for any fraudulent or illegal purpose and that you will not submit any image that:
Cacellations
Framed Items- As all framed items are custom-made to order, cancellation is not possible after the order has been placed and accepted. Framed items are custom-made and may only be returned if faulty or not as described.
Unframed Items - Under the Consumer Contracts Regulations 2013 you have the right to cancel orders containing only unframed items within a period of 14 days. Please be aware that your right to cancel does not apply to items made to your order. You must inform us of your wish to cancel in writing either by letter or email within a period of 14 days. The period of 14 days begins on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, as soon as possible after informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.
For full details of your rights under the Consumer Contracts Regulations, please contact your Citizens' Advice Bureau or a solicitor.
ReturnsIf you wish to arrange for goods to be returned, please contact customer services on 01273 511943 quoting your order number and reason for return. Instructions on how to return your order to us will be provided. Once we receive the returned product, we will replace or refund as required.
Please note:
The Next Experiences issues face value vouchers ("Vouchers") entitling the Holder to choose, up to the value stated on the Voucher, one of a range of activities supplied by the Next Experiences and provided by selected suppliers.
Voucher ValidityVouchers are valid for a minimum of nine months (excluding promotions). Please check the season of any intended activity, as this may be shorter than the Voucher validity. You will find the expiry date printed on the Voucher. You must book and complete your activity prior to the expiry date. If you are unable to use your Voucher within the validity period, the Voucher can be extended for a period of up to six months (excluding promotions). A Voucher can only be extended once and must be done while the Voucher is valid.
Extended Vouchers cannot be refunded. A £20 administration fee is payable if you choose to extend your validity.
Choosing Your ActivityYou may use your Voucher to book any of the activities from our website. If you have not already been provided with a Voucher for the type of activity you are interested in, or wish to change to another activity type, contact us on the number provided or via our website and you will be sent a Voucher for that activity. If appropriate, your original Voucher will be replaced.
Contact us again when you have decided which activity you wish to enjoy. A difference will be payable if the chosen activity costs more than the face value of your original Voucher and the value of your Voucher will be increased.
If your chosen activity is cheaper, we will hold the difference as a credit against another activity. In this case, the credit holds the same expiry date as the original Voucher.
Please note you may not be able to change your mind once a date has been booked with a supplier.
Exchanging your VoucherA Voucher can be exchanged only once for another Voucher, up to the face value stated on it and subject to the restrictions below, without incurring a fee. An administration fee of £20 will be charged for a second and final exchange, (as no more than two exchanges in total are permitted). If you wish to combine or merge more than one Voucher together, as part of the exchange process, then this can be arranged however subject to the following restrictions; You can merge no more than two Vouchers together; if the Vouchers have different expiry dates then the earlier expiry date is taken forward onto the replacement Voucher, not the later date; only Vouchers purchased from the same retail chain or website may be merged together; and you may not merge any Vouchers previously merged or exchanged.
Please note Next Experiences promotional products, tangible gift products and Weekend Gift Breaks products are excluded from the list of exchangeable products.
BookingsIn order to enjoy your chosen activity and to arrange a time and place for your activity you are asked to choose your preferred location then follow the booking instructions on the Voucher pack.
You may be required to send your Voucher to the chosen provider to confirm your booking in advance: if so we recommend you keep a record of your Voucher number and use registered post, as your Voucher is a valuable document.
Customers should also note that your Voucher must be presented on the day, in order to participate in the activity. If lost, we regret that Vouchers cannot be replaced.
Please note you may not be able to change your mind once a date has been booked with a supplier.
Description And PhotographyWe have tried hard to ensure that descriptions, illustrations and experience titles used in the Voucher packs, in all our literature and our website are accurate, however, photographs and experience titles are intended to give a general idea of the activity described, and do not form part of any contract between you and Next Experiences.
Please note depending on the location you choose the experience title may differ to that of experience title used by our suppliers, but this does not effect your entitlement as described in your Voucher pack.
InsuranceWhere applicable, the price of the Voucher includes the cost of providing you with personal accident insurance cover. This insurance cover is only included if indicated on your Voucher and is not available for activities that take place abroad. Full details of insurance cover are included in your information pack.
RefundsIf you are not satisfied with your Voucher pack, please call us within 28 days of purchase and we will happily arrange a full refund on receipt of your unused and valid Voucher. Refunds will be paid back onto your Next account. No interest will be paid on the amount to be refunded. Refunds cannot be issued once a date has been booked with the provider. We ask you to photocopy your Voucher before sending it into us or to send it via registered post, as your Voucher is a valuable document.
Personalised Item RefundsYour rights to return the goods to us will not apply in the following circumstances:
MeasurementsPlease check your measurements using our measuring guides to ensure that the correct sizes are ordered. All products are to fit the measurements you have provided and are made to order and orders cannot therefore be cancelled or altered once the order has been placed.
WE STRONGLY RECOMMEND THAT A FREE FABRIC SAMPLE IS ORDERED TO ENSURE THE COLOUR AND TEXTURE ARE TO YOUR LIKING as computer monitors vary greatly in colour and shade representation and are not an exact representation of the product.
CancellationsAs all items are made to order, cancellation is not possible once the order has been placed. This is due to the products' bespoke nature.
DeliveryWe aim to despatch all items within 7 working days of the order being placed. We will email you when your products are despatched. Delivery is by courier at a cost of £3.99 per order. Delivery is usually during business hours. For certain areas such as Northern Ireland, Scottish Highlands and Islands, Isle of Man and the Channel Islands, delivery will take an extra day. Delivery times cannot be guaranteed.
ReturnsProducts are all made to order so can only be returned if faulty, or not made to the specification given. If you wish to arrange for goods to be returned, please contact customer services on 0333 777 8160#. If the products are is considered faulty by Next we will at our discretion either rectify the problem or offer a full refund and you will incur no return postage costs. If the returned goods are found not to be faulty a fee for carriage will be charged at £9.95 per order (to include collection and re-delivery) and the goods will be returned to you with no credit being made to your account or refund given.
AvailabilityAll orders for products are subject to availability. In the event of seasonal supply difficulties of fresh flowers we reserve the right to substitute flowers and packaging of equal quality and value. For champagne or wine, vintages and labels may vary from those shown.
UsageAll products are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any products in a business or public environment.
Please read these product terms and conditions carefully as they set out the terms under which Next Domestic Appliances, (operated by Appliances Online Ltd, trading as Next Domestic Appliances) makes the products available to you ("Product Terms").
PricesThe prices payable for the items that you order are clearly set out on the web site or in the Next Directory. All prices are expressed inclusive of any VAT payable. The price of the items does not include the delivery charge. The delivery charge is £19.99* for mainland UK (£29.99 for Northern Ireland). *Please note that there is an additional charge of £5.99 for deliveries made on a Saturday, £9.99 for next day and £2.99 for rapid deliveries (available in mainland UK only).
Product dimensions, weights, colours & specificationsIt is important to note that the product dimensions do not include any protruding features such as, controls and handles etc. Product dimensions represent the casing of the appliance only.
Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted on this website are approximate.
Images of the products shown on this website are for illustrative purposes only. We have made every effort to display all product colours accurately. However we cannot guarantee that the image displayed on your monitor will accurately reflect the true colour of the product delivered to you. Please be aware that colours may differ between manufacturers.
Whilst every effort has been made to ensure that product specifications are correct on this website due to continual product development through research & design specifications may change without notice.
AvailabilityIf for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. Payment will be taken for out of stock appliances to secure stock, only if you are happy to proceed with the order and agree to wait for the appliance.
ContractThere will be no contract of any kind between you and us until payment for your goods is authorised by your Next account, bank or credit card issuer. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that payment for the goods is authorised, (and not before), a contract will be made between you and us. Authority for payment must be given at the time of the order. Payment for your order will be taken once stock availability has been confirmed. If for any reason the goods can not be supplied then payment will be refunded in full. Refunds can take up to 14 days as per the Consumer Rights Act 2015.
DeliveryDelivery will be made to the address specified by you. Please note that our standard delivery of products is within mainland UK, including the Isle of Wight. Our courier will make all deliveries to you. We do our best to secure delivery within 3-7 working days, (up to 14 working days for Northern Ireland), of the date of your order. If you order and specify items with different delivery dates, we will ship them separately and you will be charged a delivery charge each time. The cost for delivery is £19.99 (£29.99 For Northern Ireland) regardless of the number of items delivered, on a particular date. There is an additional charge of £5.99 for deliveries made on a Saturday, £9.99 for next day and £2.99 for rapid deliveries (Please note, this service is only available to UK mainland postcodes). Surcharges may apply for special deliveries where there are access restrictions. If you are not at home for a pre-arranged delivery then we reserve the right to charge you £19.99 (£29.99 Northern Ireland) again to redeliver your order. If you wish to change the delivery date once it is agreed then please give us no less than 3 working days notice prior to delivery. If less than 3 working days is given, an additional £19.99 (£29.99 for Northern Ireland deliveries) may be charged.
*Please note, next day delivery is only available on orders placed Monday to Friday. This service is available in UK mainland only.
On delivery our couriers will unpack the appliance and you will be required to sign a Proof of Delivery which shall be conclusive evidence that you have received your order.
You agree to check the goods on receipt and inform us of any obvious external cosmetic damage following inspection of the goods. If there is any obvious cosmetic external damage to the goods at the time of delivery then you agree to note these on the delivery paperwork or refuse the delivery.
Signing the delivery note to accept receipt, allowing our drivers time to unpack the goods and confirming you have inspected them for any obvious external cosmetic damage are conditions of the sale and we reserve the right not to complete the delivery if you refuse these conditions. If we refuse delivery then the goods will be returned and all monies paid will be refunded.
Where any obvious cosmetic external damage has been noted on your Proof of Delivery this shall not affect your legal rights. Please refer to our Returns section for information on Non Faulty and Faulty Goods.
Subject to the other provisions of these conditions we shall only be liable for any foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
All products are sold on the basis that they are suitable for domestic use only. Use of products for non domestic use could void your warranty.
Rapid DeliveryThere is an additional charge of £2.99 payable for rapid deliveries. Rapid delivery is available on selected products only. We will endeavour to get your appliances to you as soon as 2 working days. When this is not possible a suitable alternative delivery date will be offered. This service is available for mainland UK deliveries only. All other Terms and Conditions apply, including those for additional services.
* We reserve the right to retain the collection charge if collection fails for any of the reasons mentioned above.
ConnectionYou can request that our delivery team connect your freestanding washing machine, washer dryer or dishwasher. This must be done at the point of order and a charge* will be made for each item. * Connection of a freestanding washing machine, washer dryer or dishwasher to suitable existing plumbing and plug socket is £19.99 per item.
Connection can be carried out to an existing standard domestic appliance water connection situated within one metre of the appliances location and to a suitable existing 13 amp socket within reach of the appliance's power lead. Included in the connection will be the removal of transit brackets and a test of the appliance.
The delivery team will be unable to connect your new appliance if:
Delivery Schedule
We aim to despatch all items within 5-7 working days of the order being placed. We will email you when your products are despatched. Delivery is by Royal Mail at a cost of £3.99 per order. Delivery is usually during business hours. For certain areas such as Northern Ireland, Scottish Highlands and Islands, Isle of Man and the Channel Islands, delivery will take an extra day. Delivery times cannot be guaranteed.
Next Wall Stickers operate a 14 day policy from date of order before we can class an item as lost in transit. If your goods do not arrive once these timescales have been breached then we'll gladly re-make your order.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for them. We will not refund goods that are delayed in transit due to any reason, including industrial action by third parties.
If the goods we deliver are damaged or defective please email us on help@nextwallstickers.co.uk with full details of the problem, within 30 days of the delivery of the goods in question. If you discover a fault after 30 days, or if you have any questions please contact 0333 777 4510# or send an email to customer_team@next.co.uk. Your legal rights are not affected.
Customer Service / Contact UsIf you need to reach us, please email us on help@nextwallstickers.co.uk alternatively, you can call on 0333 777 8999# or fax us on 0116 284 6436 or write to us at:
Home Customer Services,
Desford Road,
Enderby,
Leicester.
LE19 4AT
CancellationsWall Sticker products that give you a choice of colour and size are custom-made to order. Cancellation is not possible after the order has been placed and accepted. This is due to the products ‘bespoke' nature. If the products are considered faulty or not as described by us, we will at our discretion either rectify the problem or offer a full refund and you will incur no return postage costs.
ReturnsYou can only return items which are faulty, do not fit their description, or do not meet with your instructions, in a new and unused condition. If your order is damaged in anyway once you receive it, please email us straight away and DO NOT attempt to fit the wall sticker, we will replace the damaged goods.
GuaranteeAll of our products carry a 12 month warranty. We reserve the right to inspect claims under the above warranty prior to any settlement being authorised.
ColoursThe colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors. All measurements are metric.
Product Installation We cannot be held responsible for any damage to paint work/fixtures and or fittings during the process of installation/removal. Our products are classed as Do-It-Yourself with the understanding that installation is to be carried out by you the customer and we cannot be held responsible for the actions of our customers during the handling of our products. In very rare cases paint may have to be 'touched up' after removal/installation depending on the current state of your painted walls.
Delivery Schedule
All HOUSE SIGNS will be delivered within 10 working days of you receiving confirmation of your order.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for them.
We reserve the right to charge any delivery costs from the customer, if an item is returned to us due to failed delivery after delivery arrangements have been communicated to you.
We will not refund goods that are delayed in transit due to any reason, including industrial action by third parties.
If the goods we deliver are damaged or defective you must phone us on 0333 777 8999# with full details of the problem, within 30 days of the delivery of the goods in question.
Customer Service / Contact Us
If you need to reach us, please email us on customer_team@next.co.uk alternatively, you can call on 0333 777 8999# or fax us on 0116 284 6436 or write to us at:
Home Customer Services,
Desford Road,
Enderby,
Leicester.
LE19 4AT
Shipping And Handling
Delivery costs are detailed on the website. Any additional costs will be notified to you by email at the time of order, or if the order is by telephone then any additional delivery costs will be advised of at the time the order is made.
All packages are sent via Royal Mail Recorded Delivery, all goods will require a signature upon delivery.
CancellationsAs all items are made to order, cancellation is not possible once the order has been confirmed. This is due to the products' bespoke nature. This does not affect your rights in respect of faulty products.
Returns PolicyYou must return items which are faulty on arrival, do not fit their description, or do not meet with your instructions, within 30 days in a new and unused condition. If your order is damaged in anyway once you receive it, please phone us straight away and DO NOT attempt to fit the HOUSE SIGN, we will replace the damaged goods or refund the purchase price once the faulty item is returned back to us. If you discover a fault after 30 days, or if you have any questions please contact 0333 777 4510# or send an email to customer_team@next.co.uk. Your legal rights are not affected.
GuaranteeAll of our products carry a 12 month warranty.
We reserve the right to inspect claims under the above warranty prior to any settlement being authorised.
Bespoke Plaque ProductionWhen purchasing a HOUSE SIGN the buyer agrees that the product is a bespoke product, made to the exact design, spelling and punctuation and will not be changed once confirmation of order has been sent. If the company finds inappropriate content or any copyright infringement we reserve the right to refuse production.
Colours, shapes and sizesThe colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.
Also colour variations are likely to occur due to the nature of natural raw materials used.
Irregular shaped plaques may vary slightly from the samples shown. All measurements are metric.
GeneralAt Next Garden Plants we guarantee only to send you top notch plants, products and gifts and will inspect everything carefully before it leaves us to make sure it's in tip top condition. We also do our utmost to package and protect everything so that it doesn't get damaged on its way. However, if you do have a problem, here is what to do:
Customer ServicesPlease either phone on 01344578844 between 9 and 5, Monday to Friday, (For call charges, contact your service provider) or email plants@next.co.uk.
Incorrect GoodsIf we sent you something you hadn't ordered and which was not a substitute item (see below), please contact us within 7 days informing us of the problem. You can return it within 30 days unused in its original packaging and you will not be charged.
Damaged In TransitIf your purchase is damaged in transit, please contact us within 7 days informing us of the problem. You can return it within 30 days and either get a replacement or a refund. Please make sure you give us your order number and return the item in its original packaging. If you discover a fault after 30 days, or if you have any questions please contact: 0333 777 4510# or send an email to plants@next.co.uk. Your legal rights are not affected.
Damaged or Defective PlantsIf you receive a plant that is in bad condition when you take it out of the box, contact us immediately. We will then ask you to send us a photograph so that there is no doubt as to it's condition on arrival with you, as opposed to what it looks like by the time you return it to us. Bear in mind that plants look different depending on what time of year it is. If you choose a nice leafy-looking deciduous shrub in the winter, remember it's going to turn up looking pretty bare. It doesn't mean there's anything wrong with it, just that it's out of season and will perk up when the weather does. Perennial plants won't even show above the soil level in a pot during the winter, but that doesn't mean you've been fobbed off with a bunch of soil. However, provided that you have contacted us within 7 days of receiving the defective plant we will be happy to arrange for a refund or replacement once we have received the pictures and determined the cause of the problem. One year Guarantee on Plants, shrubs, trees and perennials Our plants (all fully hardy shrubs, trees and perennials, excluding annuals and biennials) are all guaranteed for one year after you've bought them. If the plant fails in the first 12 months, send us a picture of the plant along with your order reference number to plants@next.co.uk. Once we have determined the cause of the problem we will endeavour to replace it or refund you. This guarantee does not include any plants damaged due to lack of watering or lack of proper horticultural care. In particular, plants will not be replaced if the plant care guidelines, sent out with the order, have not been followed. You will not be charged for delivery on replacement of faulty items.
CancellationTo cancel an order, please drop us an e-mail at plants@next.co.uk with details of the order you are cancelling. A charge may be made if the cancellation is done after the order or a part of the order has been dispatched.
SubstitutesIf you order a Ready-Made Border, Plant Combination or Border Design and a plant in the scheme is unavailable, we reserve the right to replace it with something similar. You can rely on us to choose a plant that's not only of a comparable size and price but one that fits in with the overall design we've worked on with you.
DELIVERY: We aim to deliver your products within 5 working days of receipt of your order. Rings are made to your order so allow at least 10 working days for delivery. We cannot deliver to any address outside the UK (including BFPO addresses). Next standard delivery charge applies. RETURNS: Please do not return Beaverbrooks products to Next with your courier or to Next stores. You will be sent detailed returns information with your Beaverbrooks product. To return, please use the pre-paid returns label provided. You can return Beaverbrooks products up to 30 days after receipt of your order. Failure to return Beaverbrooks product direct to Beaverbrooks will delay any refund to your Account.
The incentive is valid for one order only until the date displayed on your coupon. One incentive per customer. Maximum of two incentives per household. The incentive can only be activated once the promotion code is registered at next.co.uk. The promotion code can only be used once. The voucher can only be used for purchases made online at next.co.uk. It is not valid for in store or telephone transactions. Offer excludes courier delivered Flowers, Wine, items ordered from the Gift List, Gift Cards, eVouchers, Art2Order, Personalised Gifts, Photo Processing, Bathrooms Suites, Carpets, Domestic Appliances, Gift Experiences, House Signs, Made2Order, Next Entertainment, fitted bedrooms by Hammonds Space, delivery to alternative addresses and to addresses outside mainland UK or during a Sale period. The incentive is only valid on introductory orders over the amount stated on your coupon (excluding delivery) with next.co.uk. Existing customers of Next Directory are not eligible for this offer. If the order is returned, the incentive is not refundable. The voucher is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The voucher will not be honoured if it is sold or exchanged, and remains the property of Next. The incentive is non-transferable and may not be reproduced in any form or used in conjunction with any other offer. Offer open to UK, Channel Island and Isle of Man residents over 18 years old only (except employees of Next plc). Next reserves the right to amend these terms and conditions and/or discontinue the voucher at any time. Exceptions, terms and conditions apply – See full details before you shop.
The incentive offer is valid for one order only on a Next Credit Account, with an order value over £25 excluding delivery charge. The incentive is valid until the date shown with your offer.
This offer is only valid on orders with next.co.uk. One incentive per customer only.
The incentive can only be activated once the PIN number is registered at the URL detailed with your PIN. It will not be automatically activated via normal log in from next.co.uk
The PIN can only be used for purchases made online at the URL stated with your PIN. It is not valid via next.co.uk through in store or telephone transactions.
The incentive is only valid on orders of over £25 or more excluding delivery. Offer excludes items purchased through Next Bathrooms, Hammonds, Photos, Domestic Appliances, Made2Order, Gift Cards, Flooring, Wine, Gift List, Flowers, House Signs, Carpets, Art2Order, Magazines, Green Retreats & Experience websites.
If the order is returned, the money off incentive is not refundable.
The promotion PIN code/ card is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The PIN/ card will not be honored if it is sold or exchanged. The PIN remains the property of Next.
Offer open to Credit Account customers of next.co.uk, who are UK residents over 18 years old only.
Next reserves the right to amend these terms and conditions and/or discontinue the incentive discount at any time.
Your statutory rights are not affected.
The Promoter is Next Retail Limited, trading as Next Directory, Desford Road, Enderby, Leicester, LE19 4AT. Registered number 4521150.
Save 10% when buying 2 or more items across Next sofas, chairs, furniture, mattress & beds where each item is priced at £150 or over. Offer excludes mirrors. Applies to Next branded products only. To get any saving you must order multiple items at the same time on one order. Offer only applies to full price items. If you later return any of the items the discount will not apply and your refund/account will be adjusted.
Most fresh flower orders placed before 7pm can be delivered for free the next day. Flowers ordered between 7pm Friday and 7pm on Saturday will be delivered Monday and orders after 7pm Saturday and up to 7pm Monday will be delivered on Tuesday. Most wine orders placed before 4.30pm can be delivered within 48 hours. No deliveries are made on Bank Holidays. You will be advised of delivery availability at time of order.3 Orders for alcohol can only be taken from those over 18 years of age. Flower and wine orders are not returnable, for refunds on a faulty item please phone 0333 777 8050#. All flower deliveries are subject to stock, courier area, courier availability and demand. Delivery times cannot be guaranteed.
We take our role as a responsible retailer very seriously, that is why we are supporting the WEEE (Waste Electrical and Electronic Equipment) Directive from the government and doing our bit to help care for the environment.
What is the WEEE Directive?
The Day of Delivery
If You Change Your Mind and Wish to Cancel After Delivery
To ensure these products are returned in a clean and re-saleable condition, please use the returns bag provided. Please also ensure all items in a set are returned together.
Furniture build service available with selected items of Next To No Time furniture only.
Please order for each item you wish to be built. Wall attachment not included. The address at which the Assembly Service is required must be within the mainland of the United Kingdom (excluding Channel Islands, Isle of Man, Isle of Wight and Scottish Islands).
The Interest free period, during which balances on your Next Credit Account will not incur interest, will apply if you accept this offer by successfully placing an order using a Next Credit Account before the offer end date as stated on your marketing communication.
Your account will be interest free from the date of the first statement you receive after the first order you place before the offer end date.
The 0% Interest Free Period applies to your Next Credit Account not individual items. Only items billed to the account during the 0% Interest Free Period will benefit from the promotion, subject to the overall duration of the 0% Interest Free Period.
Any balance remaining on your Next Credit Account from Midnight on the last day of the 0% Interest Free Period will become chargeable to interest at the standard rate for your Next Credit Account at that time. This is currently 22.9% (annual variable).
We will notify you at least one month before the end of the 0% Interest Free Period.
All other terms of the Next Credit Account are those set out in your Credit Agreement. Credit is available to UK residents aged 18 and over, subject to status.
You may use the account as often as you wish during the 0% Interest Free Period, subject to your Credit Limit and any other restrictions we may place on your account from time to time
You must continue to make at least the Minimum Monthly Payment noted on your statement during the 0% Interest Free Period. If you only make the Minimum Monthly Payment, it will take longer and cost more to repay your balance.
This promotion is offered at the discretion of Next Retail Ltd and is not available to all customers. You will be eligible if we have contacted you and notified you of your eligibility. If you have not received such notification from us, you will not be eligible to participate.
Your statutory rights are not affected.
If you have any queries, please call us on 0333 777 8000. For call charges contact your service provider.
To subscribe to nextunlimited, you must have a valid e-mail address registered to your account.
nextunlimited orders can be placed over the telephone, or online once you have logged into your account at next.co.uk but not in store.
Subject to the exceptions listed below, the nextunlimited service is available for orders for home delivery, 2 man delivery items and deliveries to Hermes Parcel Shops. Due to their bespoke nature, most personalised items will be delivered within 7 days.
The service costs £20 for 12 months’ subscription.
If you are a nextpay account holder, the nextunlimited subscription charge will be added to your nextpay account and will show on your statement as a one off charge for the year. Interest will be charged on the subscription if you do not pay off your balance in full before the next statement from the statement date following the date on which the subscription is added to your account.
At the time of your purchase the charge will be added to your total at checkout. Orders cannot be placed in store.
The service will be immediately activated upon sign up.
Any fashion items returned via courier will be free of charge. A collection charge will apply for 2man items collected from your home, see next.co.uk/terms for details.
The charge for the nextunlimited service will not be included for the purposes of any other offer or incentive.
The nextunlimited Service does not include:
There is no charge for returning a parcel using a Hermes Parcel Shop. Only fashion and small homeware (excluding electrical) items purchased from Next Directory are eligible for return via a Hermes Parcel Shop. To return items you will need the ‘peel off’ returns label from the original despatch note. Without this a return cannot be completed at a Hermes Parcel Shop. Items must be returned in a new and unused condition. Specific packaging or despatch bag are not required, but the items should be in a sealed secure parcel, with the ‘peel off’ returns label attached. You will receive proof that you have returned a parcel at a Hermes Parcel Shop. Hermes Parcel shops will not accept the following Next Directory items for return: large or bulky items, 2 man delivery items, Beaverbrooks’ products, wine, domestic appliances, Gift List items, copies of the Next Directory and products for return to Bathstore at Next, Hammonds & Next Experience websites. Refunds will be made once the parcel has arrived back at our Returns Centre. This may take up to 7 days.
Standard delivery charge to a Hermes Parcel shop is £2.50. Hermes Parcel Shops cannot be used for delivery of flowers, wine, 2 person delivery items made to your specification or items ordered from Gift List, Next Bathrooms, Hammonds, photos, Domestic Appliances, Beaverbrooks, Art2Order, Made2Measure, House Signs, Garden Shop and Next Experience websites. Standard next day delivery is available to most Hermes Parcel Shops. This is with the exception of Sundays and Bank Holidays. No parcels will be delivered to a Hermes Parcel Shop on these days but any parcels already delivered will be available for collection. Parcels will be available for collection between 12 noon and 5pm Monday to Saturday. We will email or text you when your order has arrived and is ready for collection at your designated Hermes Parcel Shop. Your parcel will be kept at your designated Hermes Parcel Shop for 10 days. We will send you a reminder text or email to collect your parcel before we return it to our warehouse. Hermes Parcel Shop opening times and days cannot be guaranteed. All delivery services are subject to stock and demand. When collecting a parcel delivered to a Hermes Parcel Shop, please take one form of personal identification e.g. driving licence, passport or utility bill. If a representative is collecting a parcel the identification supplied should be for the customer that has placed the order.
We may offer other alternative locations other than our own stores or Hermes Parcel Shops. The terms and conditions for these locations will largely be the same as for Hermes Parcel shops. If there are any additional requirements these will be made clear at the point of order.
<nextpay, the Next credit account, is open-ended – it has no fixed term. You can purchase goods from Next, up to the credit limit set for you and try before you buy. You will receive a regular statement showing details of your transactions, your minimum monthly repayment and when to make the payment by. If you settle the account balance in full by the due date on your statement, no interest is charged. Any balance carried forward to your next statement date will attract an interest charge (except where interest free promotional terms apply). Credit subject to status. Representative 22.9% APR variable.
When you apply for a nextpay account and your application is accepted, a nextpay account will be opened for you. If you apply online and you do not complete your order, a nextpay account will not be opened. To hold a nextpay account you must be 18 or over and a UK resident. If you open a nextpay account a Credit Agreement will be sent to you or made available to you online and you must read this carefully (together with the other information we will provide to you) sign and if the Agreement was sent to you, return one copy to us. The Terms and Conditions governing the use of your nextpay account will be set out in the Credit Agreement. Next reserves the right to alter or amend credit charges, to withdraw credit, to accept or reject orders, to refuse applications, or with two months prior notice to close an account. To prevent identity fraud you may be required to confirm your identity when placing an order on your nextpay account. A payment may be requested using a credit or debit card registered to the account holder’s address. Any remaining order value will be charged to your nextpay account.
The free next day delivery service applies on orders placed at next.co.uk before 12 midnight (excluding orders placed in store for delivery to home) when you spend £50 or more (excluding the £3.99 standard delivery charge). The £50 order is calculated before incentives and promotions are removed. The next day delivery service is only available in our standard courier areas throughout Northern Ireland and is subject to stock, courier availability and demand. Free delivery will be based on account address only. When the standard courier service is not available, Next will deliver by an alternative carrier and this may take longer. It is not applicable to Postal Flowers, wine, items ordered from the Gift List, Gift Cards, Art 2 Order, personalised gifts, photo processing, bathroom suites, Gift Experiences, House Signs, Made2Order, fitted bedrooms by Hammonds Space and Domestic Appliances. Delivery times cannot be guaranteed. Next Day Delivery is not available during sale periods. Specific delivery details will be confirmed at the time you place your order. We will not make a delivery charge if returns or the cancellation of a held order leaves the net order value below £50. If your order value is below £50, you will pay £3.99 delivery to home. Delivery to store is free. If the whole of an order for which delivery has been charged is returned, the £3.99 charge will be refunded. Any order of large items which require a 2 person delivery will be charged at £8.00; any order which contains large item(s), but isn’t specified as a 2 person delivery will have free delivery if the order value is £50 or more. You will be informed at point of order if your goods require 2 person delivery. If you want to cancel/return your order you must tell us within 14 days (beginning on the day after the day you receive the goods), and you then have 14 days to return the items. Returns collected by Next from your home cost £2.50 will be charged to your account (if you have a “pay with order” account this will be deducted from your refund).
Free delivery offers are subject to availability and are NOT applicable to postal flowers, wine, items ordered from the gift list, gift cards, Art2Order, Green Retreats, personalised gifts, photo processing, eGiftcards, bathroom suites, carpets, domestic appliances, gift experiences, house signs, Made2Measure, fitted bedrooms by Hammonds Space, sofas, selected home items. Free delivery and other offer codes remain the property of Next Directory, are non-transferable and may not be reproduced in any other form or used in conjunction with any other offer.
Delivery:We aim to deliver your products within 5 working days of receipt of your order. Rings are made to your order so allow at least 10 working days for delivery. We cannot deliver to any address outside the UK (including BFPO addresses). Next standard delivery charge applies.
Returns:Please do not return Beaverbrooks products to Next with your courier or to Next stores. You will be sent detailed returns information with your Beaverbrooks product. To return, please use the pre-paid returns label provided. You can return Beaverbrooks products up to 30 days after receipt of your order. Failure to return Beaverbrooks product direct to Beaverbrooks will delay any refund to your Account.
You can have up to 5 alternative delivery addresses on your Next Account. Delivery to an alternate address is not available during a sale period. We reserve the right to refuse a delivery to an alternative address. If delivering to an alternative address, you may be required to pay in part or full by credit or debit card for your purchase and the card must be registered to your Next Account address. Alternative addresses will expire after 13 months if not used. Applies to residential addresses only.
Under Consumer Regulations you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. Please be aware that your right to cancel does not apply to certain goods that we sell, for example, items made to your order, such as photo gifts and made to measure curtains, fresh flowers, perishable food items, audio or DVD recordings, computer software and games, unsealed toiletries and cosmetics, or pierced earrings. You must inform us of your wish to cancel in writing either by letter, email or by using the cancellation form on the website or call 0333 777 8000# within a period of 14 days beginning on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, within 14 days of informing us of your wish to cancel. If you do not return the item within the time specified we may retain the item(s) and/or not refund at all or refund at the current or last selling price. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage. We cannot accept substitute or alternative items by way of returns nor are we able to send them back to you, so please look closely at the items you return to us. If you return or attempt to return substitute or alternative items you will still be responsible for paying for the original item purchased and we reserve the right to charge an investigation fee of no less than £35 to cover the cost of our investigating the position. We can offset this amount due from other sums that may be due to you for refunds etc. Accepting returned goods and/or crediting an account does not constitute a waiver of our right to charge an investigation fee. For full details of your rights under the Consumer Protection Regulations, please contact your Citizens Advice Bureau or a Solicitor. Fresh Flower cancellations and changes are possible up to 48 hours prior to delivery. Full details of how to return goods can be found in the RETURNS section. Additional terms and conditions apply to cancelling orders for certain goods such as made to order items, large items of furniture and domestic appliances. Please refer to the terms relating to the supply of those goods. Additional Delivery Charges: same day and evening delivery charges will not be refunded if you cancel or return your order unless the product is faulty or does not fit the description given.
You can present the card in full or part payment for goods purchased from participating Next stores in the UK and Eire, online at next.co.uk or to pay your nextpay account (see To Make a Payment below). Next Gift Cards and e-vouchers purchased on your Next account will not be accepted as payment. Exclusions apply, visit next.co.uk for details.
If any of this information changes we will tell you by updating the terms and conditions at next.co.uk/terms or by including details on or with your monthly statement, in the Directory or by separate note to you. These terms and conditions are correct at the time of going to press
Due to the bespoke nature of these items you can only return items which are faulty, do not fit their description, or meet with your instructions. If our order is faulty in any way, please contact us on 0333 777 8138.
The following mattresses: House Memory Foam Medium 415852 Firm 446552 , 1000 Gel Medium 991862 Firm 948716 , 2000 Gel Medium 751928 Firm 410312, Rolled Memory 173317, 529224 Anti Allergy 1500 pocket copper medium mattress, 537749 Seasonal 1000 pocket and memory foam medium mattress and Aloft Mattress are all included in the 101 nights trial. The trial begins on the day the mattress is delivered. If you wish to return the mattress for free, please contact customer services (0333 777 8000) and they will arrange collection and send out a returns bag that the mattress must be packed in and sealed with tape. Our delivery team will collect from the room of your choice. Please do not leave the mattress outside, as unfortunately we will not be able to take any items which have been damaged due to being left outside. Our carriers are also required to use their discretion, and may refuse the collection, if they feel the mattress presents a health and safety risk. This offer is in addition to your usual legal rights, which are not affected.
Thanks for your interest in sharing your photo with Next! As we commented, we really like your content and we want to share it with our followers and customers, but first, we need your permission to use your photo in this way. Please review the terms and conditions below. If you agree with the followoing, respond to our request with #yesnext. By responding to our request with the hashtag #yesnext, you hereby grant to Next Group of Companies, its affiliates, subsidiaries, franchisees, advertising and promotional agencies, and their agents and representatives (collectively, “Next”), the irrevocable, unrestricted, royalty-free worldwide right to use, publish, display, broadcast, edit, modify and distribute any materials, content, illustrations, photos, videos, comments, or information relating to the Photo (hereinafter, “Material”), including those bearing your name, voice, image, likeness, and/or any other identifiable representation of yourself (collectively, “Your Likeness”). These Materials may appear in any form, style, colour or medium whatsoever now known or later developed (including, without limitation, photographs, videotapes, films, sound recordings, software, drawings, prints, broadcast, in-store displays, internet, email, catalogue and electronic media). By responding to our request with the hashtag #yesnext you warrant and represent that: (a) you are the owner, creator and author of the Material and own all rights to use it or, alternatively, have the right to grant us the rights described above; (b) you have paid or will pay in full any fees or other payments that may be related to the use of the Material; (c) the Material does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) publication of the Material via various media including Web posting, will not infringe on the rights of any third parties; (e) you have obtained permission from all persons whose name, voice, image, likeness and/or any other identifiable representation are included in the Material. You will indemnify and hold harmless Next from any claims to the contrary. Next Group of Companies reserves the right to alter, change or modify the Material, in its sole discretion. You hereby waive any right you may have to inspect or approve the finished materials or any part or element thereof that incorporates Your Likeness. By responding to our request with the hashtag #yesnext, you hereby acknowledge and agree to the above in consideration of the opportunity given to you by Next Group of Companies to appear or have your Material appear in our promotional materials. You acknowledge that you have fully read and understand this document and that you have had any questions regarding its effect or the meaning of its terms answered to my satisfaction. You certify that you are at least 16 years of age.
We only permit the use of low computing resource software applications that run automated scripts (internet bots) on the Next websites which comply with our current bot policy and for which we have given permission (permitted bots). All other internet bots are unauthorised bots and are not permitted to be used on any Next websites. Internet bots that use, or in our opinion may use, an excessive amount of computing resource, automatically add items to basket without human intervention or impact the shopping experience for other customers are examples of unauthorised bots. We reserve the right to block any unauthorised bots from our websites (ourselves and through third parties such as internet service providers) and to immediately suspend or close any accounts which we suspect of using unauthorised bots. Internet bots must never be used on the clearance tab of our website. You agree to indemnify us against all losses, costs and expenses that we incur in connection with your breach of these rules relating to the use of internet bots on our website.
1. DEFINITIONS
1.1 In these Conditions the following words have the following meanings:
"Supplier" means the person, company or firm supplying the services of the Model to Lipsy; "Booking Form" means Lipsy’s standard model booking form setting out the Model and the dates of Service Days "Conditions" means these terms and conditions of purchase of modelling services "Hourly Rate" such rate as is agreed by Lipsy and the Supplier at the time of booking a Model "London" any location within the M25 boundary "Model" such model as shall be specified by Lipsy and booked through the Agency using a Booking Form “Model IP Rights” means Model’s trade marks (whether registered or unregistered), name and likeness, goodwill and reputation in her/his name "LIPSY" means Lipsy Limited (Company No. 5728110), Desford Road, Enderby, Leicester, LE19 4AT “Lipsy Licensees” Lipsy Ltd and its group companies (meaning any company which is a direct or indirect subsidiary of the parent company of Lipsy Limited) and the franchise partners, licensees, customers and other business associates of Lipsy Ltd. “Products” Fashion apparel and other products, and accessories sold by Lipsy “Service Day” a day upon which a Model is booked to provides their services hereunder for nine hours. “Territory” the World including the world wide web. “Travel Day” shall mean a day upon which a Model is travelling solely in connection with a Service Day.1.2 These Conditions shall govern the contractual relationship between the Supplier and Lipsy to the exclusion of any other terms and conditions (including the Supplier's terms and conditions).
1.3 No variation of these to these Conditions shall be binding on Lipsy unless agreed in writing by Lipsy (which shall not include email)
2.1 Lipsy shall book the Model with the Supplier by telephone or email and will confirm all bookings in writing by Booking Form.
2.2 A binding contract shall exist when the Supplier accepts Lipsy's confirmation (whether in writing, verbally or by conduct)
2.3 At the time of booking Lipsy and the Supplier will agree the Hourly Rate or a Service Day rate and a rate for overtime.
2.4 Overtime may be paid for any additional hours required on a Service Day at the Hourly Rate.
3.1 Lipsy may arrange travel for the Model to any location outside London or will reimburse the reasonably incurred travel if approved by Lipsy at the point of booking of the Model to attend any location outside London.
3.2 Time spent travelling to attend a shoot outside London may be charged at the Hourly Rate, if agreed at the point of booking, and the total amount charged for travel shall not exceed 50% of the price of a Service Day.
4.1 The Supplier acknowledges that Lipsy requires the personal services of the Model as set out in these Conditions and any substitute for the Model will not be acceptable to Lipsy. The Supplier
4.2 The Supplier shall ensure that all Models shall wear only Products selected by Lipsy (such Products to be provided by Lipsy) and participate in photoshoots arranged by Lipsy. The Supplier shall ensure that the Model shall comply with the reasonable requests of Lipsy and the photographers at each photoshoot.
4.3 The Supplier shall ensure that the Models conduct themselves in a fit and proper manner and shall not engage in any activities which in the reasonable opinion of Lipsy would bring the brand, reputation or image of Lipsy into disrepute. By way of example only, activities which will be regarded as bringing the Lipsy brand into disrepute include (without limitation) the following: (i) making remarks or behaving in a manner which condones behaviour which is prejudicial on the grounds of race, religion, gender, sexual orientation, age or cultural background; (ii) taking or the condoning of taking any classified drugs or narcotics except those which have been prescribed by a medical practioner for medicinal purposes other than for the treatment of an addiction; (iii) drug or alcohol abuse; (iv) making any remarks which would discourage customers from purchasing Lipsy products.
4.4 The Supplier shall be responsible for paying the Models all sums due to them from Lipsy. The Supplier shall be responsible for making all deductions from the Agency Fee and the Commission (hereinafter defined) and making all payments necessary under any legislation in force in the UK including, without limitation, tax, National Insurance and Social Security Contributions.
4.5 The Supplier shall be responsible for advising at the point of booking any countries from which usage as set out in clause 6 is excluded.
4.6 The Supplier shall procure that the Model warrants and represents that the Model has full title and authority to enter into any contract and is not bound by any previous agreement that will adversely affect such a contract.
4.7 The Supplier shall carry out reasonable due diligence checks on all Models provided to Lipsy including without limitation checking the Model has an appropriate right to work, checking the Model is aged over 18 and carrying out appropriate Model reputational checks and shall keep records of the same and permit Lipsy and its authorised representatives to audit such records.
Please visit www.next.co.uk/terms for all other terms and conditions.
5.1 Lipsy shall pay to the Supplier the pre-agreed fee per Service Day or at the Hourly Rate for the hours worked in consideration of the provision of the Model’s services and the rights granted to Lipsy hereunder (“the Fee”), which Fee shall be paid to the Supplier as Model’s representative and shall include all sums due to the Model for the services. The Fee shall be paid within 30 days of receipt of an invoice from the Supplier following each Service Day.
5.2 Lipsy shall pay the Agency in consideration of the services provided by the Supplier (“the Agency Fee”) which will be equivalent to 20% of the Fee. The Agency Fee shall be paid within 30 days of receipt of an invoice from the Supplier, following each Service Day. The Agency Fee shall be subject to reductions calculated in accordance with Lipsy standard Agency Fee reductions policy as amended from time to time which is available from Lipsy on request.
5.3 Lipsy shall not be bound by these obligations in the event that any Model is convicted of a criminal offence anywhere throughout the Territory or engages in an activity which is detrimental, derogatory or offensive to Lipsy or engages in an activity which brings or is likely in Lipsy’s opinion, to bring into disrepute or adversely affect Lipsy, its officers, employees or suppliers;
5.4 Lipsy has full title and authority to enter into any contract and is not bound by any previous agreement that will adversely affect such a contract.
6.1 The Supplier hereby grants to Lipsy a non-exclusive, irrevocable, worldwide, royalty free and perpetual licence (if no shorter is specified on the Booking Form), with the right to sub-licence to Lipsy Licensees, to use the products of the Model’s services and the Model IP Rights, including, without limitation, all images, film, sounds, videos and photographs taken during the Service Days in the Territory as follows: (a) in the “Next Directory” direct mail pieces and catalogues and on Lipsy websites and any third party website authorised by Lipsy to feature the Products; (b) for PR Editorial content; (c) in point of sale advertising (d) in the showbiz press and on television media (e) online for purposes of online advertising, promotion and sales (f) for social media purposes (g) for e-commerce purposes and (h) for any other additional advertising purposes as agreed at the point of booking or subsequently agreed in writing. Notwithstanding the above the Agency acknowledges that Lipsy is the owner of the copyright in the photographs taken by Lipsy and Lipsy shall be free to use the products of the Model’s services in any way it wishes and without any restriction. For example, Lipsy may give third parties permission to include images from the Model's services or the Lipsy website in publications, shows and broadcasts.
6.2 The Supplier acknowledges on behalf of itself and all Models booked through the Supplier that all copyright and any other rights in and to the products of the Model’s services hereunder shall belong to Lipsy. The Model hereby irrevocably and exclusively assigns and grants to Lipsy, in perpetuity and throughout the universe, from the moment of their creation, at every stage of their development, production or completion, all right, title and interest in and to the products of the Model’s services hereunder, including, but not limited to, the copyright therein and any renewals and extensions of such copyright. The Supplier shall procure the assignment in this clause 6.2.
6.3 Nothing in these Conditions will prevent Lipsy from using the items in clause 6.1 above for archive use (i.e. when showing ranges or promotions from the past). Consent or permission will not be required for archive use.
7.1 The Supplier shall not and shall ensure that the Models do not disclose to any third party any confidential business or future plans of Lipsy at any time acquired during the existence of any contract and no reference is to be made to these Conditions by either party in any advertising, publicity or promotional material without the prior written consent of the other party.
7.2 Nothing contained in this Condition 7 shall prevent the Supplier or the Model from disclosing (i) any information on a need-to-know and confidential basis to the Model’s business and legal representatives or (ii) any information required to be disclosed by law or legal process, provided that the Supplier or the Model gives notice to Lipsy of such required disclosure as soon as reasonably practicable so that Lipsy may have an opportunity to contest such disclosure or obtain protective orders regarding such disclosure.
8.1 Bribery. The Supplier shall, and shall procure that its employees, subsidiaries, agents, sub-contractors, consultants and any other person providing services on its behalf in connection with these Conditions shall (i) comply with applicable anti-bribery and corruption laws (including the UK Bribery Act 2010) ("Anti-Bribery Laws") and will not cause Lipsy to be in breach of the Anti-Bribery Laws, and in particular, shall not, either directly or indirectly, offer, promise, give, authorise the payment of, or transfer, a financial or other advantage to any public or government official in order to obtain or retain business and with the intention of influencing such official in their capacity as an official where such official is not permitted or required by written law to be influenced by the offer, promise or gift or to any other person with the intention of inducing or rewarding the improper performance of a function or activity (ii) maintain adequate policies and procedures designed to prevent any activity, practice or conduct relating to these Conditions that would constitute an offence under any applicable Anti-Bribery Laws and (iii) inform Lipsy of any request by a third party for payment of a bribe in connection with these Conditions.
8.2 Tax Evasion. The Supplier shall, in connection with these Conditions, take all reasonable steps to ensure no offence is committed by it under Part 3 of the Criminal Finances Act 2017 (corporate offences of failure to prevent facilitation of tax evasion).
8.3 Sanctions. The Supplier undertakes to Lipsy, in connection with these Conditions, to adhere to all applicable trade economic or financial sanctions laws, regulations embargoes or restrictive measures administered enacted or enforced by any sanctions authority from time to time (including for the avoidance of doubt and without limitation the Security Council of the United Nations, the United States of America, the United Kingdom and/or the European Union and its member states).
8.4 Modern Slavery(i) The Supplier shall and shall procure that its officers, employees, agents, sub-contractors and any other persons who perform services for or on behalf of it in connection with these Conditions shall (a) comply with all applicable laws relating to slavery, servitude, forced or compulsory labour or human trafficking, including without limitation the Modern Slavery Act 2015 as amended to replaced from time to time (“Anti-Slavery Laws”), (b) not do or omit to do any act or thing which constitutes or may constitute an offence under any Anti-Slavery Laws, (c) not knowingly employ or engage in any practices which constitute or may constitute an offence under any Anti-Slavery Laws and not knowingly appoint or contract with any person who has been convicted of or prosecuted in any jurisdiction in relation to an offence or alleged offence under any Anti-Slavery Laws, (d) not commit any act or omission which causes or could cause Lipsy to breach, or commit an offence under, any Anti-Slavery Laws.
(ii) The Supplier shall provide Lipsy with such assistance and information as it reasonably requires from time to time to (a) perform any activity required by any government, regulatory entity or agency in any relevant jurisdiction for the purpose of compliance with any applicable Anti-Slavery Laws, (b) prepare a slavery and human trafficking statement as required by section 54 of the UK Modern Slavery Act 2015 and to include the matters referred to in section 54(5) of that Act, and (c) to conduct due diligence and to measure the effectiveness of the steps it is taking or wishes to take to ensure that modern slavery practices are not taking place in its supply chain. 8.4 comply with Lipsy's anti-bribery policy in force from time to time;
(ii) The Supplier shall provide Lipsy with such assistance and information as it reasonably requires from time to time to (a) perform any activity required by any government, regulatory entity or agency in any relevant jurisdiction for the purpose of compliance with any applicable Anti-Slavery Laws, (b) prepare a slavery and human trafficking statement as required by section 54 of the UK Modern Slavery Act 2015 and to include the matters referred to in section 54(5) of that Act, and (c) to conduct due diligence and to measure the effectiveness of the steps it is taking or wishes to take to ensure that modern slavery practices are not taking place in its supply chain. 8.4 comply with Lipsy's anti-bribery policy in force from time to time;
8.5 Audit and Termination(i) The Supplier shall keep accurate and up to date records as may be reasonably required to demonstrate compliance with the provisions of this Clause 8, permit Lipsy and its authorised representatives to audit such records upon reasonable prior notice and to promptly notify Lipsy of any breach of this Clause 8 in connection with these Conditions.
(ii) In the event of a breach by the Supplier of any part of this Clause 8, Lipsy shall be entitled to terminate any agreement incorporating these Conditions upon not less than 30 days’ written notice to the Supplier.
11 Miscellaneous10.1 Any contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
9.1 Either party may terminate any contract by notice in writing to the other if the other is in material breach of any contract and shall have failed (where the breach is capable of remedy) to remedy the breach within 10 days of the receipt of a request in writing from the party not in breach to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of any contract.
9.2 Lipsy may terminate any contract in the following circumstances:
9.2.1 The Model is convicted of a criminal offence anywhere throughout the Territory;
9.2.2 The Model makes a statement which in Lipsy's reasonable opinion is detrimental, derogatory or offensive to Lipsy;
9.2.3 The Model engages in an activity which brings into disrepute or adversely affects Lipsy, its officers, employees or suppliers;
For the avoidance of doubt, breach of section 8.2.3 above shall be considered to be a material breach incapable of remedy
9.3 The Supplier fails or is unable to provide the services under these Conditionsfor a continuous period of 30 days;
10.1 Any contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
11.1 Nothing in these Conditions will render the Model an employee, agent or partner of Lipsy and the Model will not hold herself out as such.
11.2 Lipsy shall be entitled to set off any sums payable by the Supplier to Lipsy arising under any contract against any sums owed by Lipsy to the Supplier.
11.3 If any part of these Conditions shall be found to be invalid due to the application of any English law or legal principle then that invalid part will be deemed to be removed from these Conditions and the parties agree to use their best endeavours in good faith to achieve the same objective by lawful means.
11.4 Any contract is personal to the Model and the Supplier and may not be assigned, novated or otherwise transferred to any third party.
1. DEFINITIONS
1.1 In these Conditions the following words have the following meanings: “Applicable Laws” means all laws, regulations, bye laws and mandatory rules and orders of regulators and courts applicable to modelling by children including without limitation the Children and Young Persons Act 1933 as amended, the Children (Protection at Work) Regulations 1998, EC Directive 94/33/EC, the Education Act 1996, local Council bye laws on hours of employment, pay rates, work breaks, ASA rules on advertising featuring children, health and safety laws and laws on the safeguarding of children "Supplier" means the person, company or firm supplying the services of the Model to Lipsy; "Booking Form" means Lipsy’s standard model booking form setting out the Model and the dates of Service Days "Conditions" means these terms and conditions of purchase of modelling services "Hourly Rate"such rate as is agreed by Lipsy and the Supplier at the time of booking a Model "London" any location within the M25 boundary "Model" such model as shall be specified by Lipsy and booked through the Agency using a Booking Form “Model IP Rights” means Model’s trade marks (whether registered or unregistered), name and likeness, goodwill and reputation in her/his name "LIPSY" means Lipsy Limited (Company No. 5728110), Desford Road, Enderby, Leicester, LE19 4AT “Lipsy Licensees” Lipsy Ltd and its group companies (meaning any company which is a direct or indirect subsidiary of the parent company of Lipsy Limited) and the franchise partners, licensees, customers and other business associates of Lipsy Ltd. “Products” Fashion apparel and other products, and accessories sold by Lipsy “Service Day” a day upon which a Model is booked to provides their services hereunder for nine hours. “Social Media” means any current or future websites and applications that enable users to create and share content or to participate in social networking (including without limitation Twitter, Facebook, Bebo, Snapchat, Wikipedia, Youtube, Flicker, Pinterest, Blogspot, Linkedin and Instagram; “Territory” the World including the world wide web. “Travel Day” shall mean a day upon which a Model is travelling solely in connection with a Service Day.
1.2 These Conditions shall govern the contractual relationship between the Supplier and Lipsy to the exclusion of any other terms and conditions (including the Supplier's terms and conditions).
1.3 No variation of these to these Conditions shall be binding on Lipsy unless agreed in writing by Lipsy (which shall not include email)
2 BOOKING
2.1 Lipsy shall book the Model with the Supplier by telephone or email and will confirm all bookings in writing by Booking Form.
2.2 A binding contract shall exist when the Supplier accepts Lipsy's confirmation (whether in writing, verbally or by conduct)
2.3 At the time of booking Lipsy and the Supplier will agree the Hourly Rate or a Service Day rate and a rate for overtime.
2.4 Overtime may be paid for any additional hours required on a Service Day at the Hourly Rate.
3 TRAVEL
3.1 Lipsy may arrange travel for the Model to any location outside London or will reimburse the reasonably incurred travel if approved by Lipsy at the point of booking of the Model to attend any location outside London.
3.2 Time spent travelling to attend a shoot outside London may be charged at the Hourly Rate, if agreed at the point of booking, and the total amount charged for travel shall not exceed 50% of the price of a Service Day.
4 OBLIGATIONS OF SUPPLIER
4.1 The Supplier acknowledges that Lipsy requires the personal services of the Model as set out in these Conditions and any substitute for the Model will not be acceptable to Lipsy.
4.2 The Supplier shall ensure that all Models shall wear only Products selected by Lipsy (such Products to be provided by Lipsy) and participate in photoshoots arranged by Lipsy. The Supplier shall ensure that the Model shall comply with the reasonable requests of Lipsy and the photographers at each photoshoot.
4.3 The Supplier shall ensure that the Models conduct themselves in a fit and proper manner and shall not engage in any activities which in the reasonable opinion of Lipsy would bring the brand, reputation or image of Lipsy into disrepute. By way of example only, activities which will be regarded as bringing the Lipsy brand into disrepute include (without limitation) the following: (i) making remarks or behaving in a manner which condones behaviour which is prejudicial on the grounds of race, religion, gender, sexual orientation, age or cultural background; (ii) taking or the condoning of taking any classified drugs or narcotics except those which have been prescribed by a medical practioner for medicinal purposes other than for the treatment of an addiction; (iii) drug or alcohol abuse; (iv) making any remarks which would discourage customers from purchasing Lipsy products.4.4 The Supplier shall be responsible for paying the Models all sums due to them from Lipsy. The Supplier shall be responsible for making all deductions from the Agency Fee and the Commission (hereinafter defined) and making all payments necessary under any legislation in force in the UK including, without limitation, tax, National Insurance and Social Security Contributions.
4.5 The Supplier shall be responsible for advising at the point of booking any countries from which usage as set out in clause 6 is excluded.
4.6 The Supplier shall procure that the Model warrants and represents that the Model has full title and authority to enter into any contract and is not bound by any previous agreement that will adversely affect such a contract.
4.7 The Supplier shall carry out reasonable due diligence checks on all Models provided to Lipsy including without limitation checking the Model has an appropriate right to work, undertake the steps necessary to comply with clauses 4.10 and 4.11 below, carrying out appropriate Model reputational checks and shall keep records of the same and permit Lipsy and its authorised representatives to audit such records.
4.10 The Supplier shall procure that the parent/guardian of Model shall give all necessary consents and authorisations required under Applicable Laws.
4.11 The Supplier shall comply with all Applicable Laws in relation to the services of Models under the age of 18 and applicable Lipsy policies on children in the workplace as updated from time to time.
5 OBLIGATIONS OF LIPSY
5.1 Lipsy shall pay to the Supplier the pre-agreed fee per Service Day or at the Hourly Rate for the hours worked in consideration of the provision of the Model’s services and the rights granted to Lipsy hereunder (“the Fee”), which Fee shall be paid to the Supplier as Model’s representative and shall include all sums due to the Model for the services. The Fee shall be paid within 30 days of receipt of an invoice from the Supplier following each Service Day.
5.2 Lipsy shall pay the Agency in consideration of the services provided by the Supplier (“the Agency Fee”) which will be equivalent to 20% of the Fee. The Agency Fee shall be paid within 30 days of receipt of an invoice from the Supplier, following each Service Day. The Agency Fee shall be subject to reductions calculated in accordance with Lipsy standard Agency Fee reductions policy as amended from time to time which is available from Lipsy on request.
5.3 Lipsy shall not be bound by these obligations in the event that any Model is convicted of a criminal offence anywhere throughout the Territory or engages in an activity which is detrimental, derogatory or offensive to Lipsy or engages in an activity which brings or is likely in Lipsy’s opinion, to bring into disrepute or adversely affect Lipsy, its officers, employees or suppliers;
5.4 Lipsy confirmshas full title and authority to enter into any contract and is not bound by any previous agreement that will adversely affect such a contract.
6 GRANT OF NAME AND LIKENESS RIGHTS
6.1 The Supplier hereby grants to Lipsy a non-exclusive, irrevocable, worldwide, royalty free and perpetual licence (if no shorter is specified on the Booking Form), with the right to sub-licence to Lipsy Licensees, to use the products of the Model’s services and the Model IP Rights, including, without limitation, all images, film, sounds, videos and photographs taken during the Service Days in the Territory as follows: a) Lipsy’s website, in-store promotion and other forms of promotion (b) in all Next printed publications and Lipsy direct mail pieces and catalogues and in e-commerce including without limitation, on Lipsy websites and any third party website authorised by Lipsy to feature Products; (c) for PR editorial content (d) in Social Media and for e-commerce purposes; (e) in the showbiz press and on television media (f) magazines targeted to consumers, (g) out-of-home materials (including billboards and bus shelters) (h) point of sale and in-store displays (i) retail store windows (j)circulation to and use by agencies and press (k) TV ads and (l) for any other additional advertising purposes as agreed at the point of booking or subsequently agreed in writing. Notwithstanding the above the Agency acknowledges that Lipsy is the owner of the copyright in the photographs taken by Lipsy and Lipsy shall be free to use the products of the Model’s services in any way it wishes and without any restriction. For example, Lipsy may give third parties permission to include images from the Model's services or the Lipsy website in publications, shows and broadcasts.
6.2 The Supplier acknowledges on behalf of itself and all Models booked through the Supplier that all copyright and any other rights in and to the products of the Model’s services hereunder shall belong to Lipsy. The Model hereby irrevocably and exclusively assigns and grants to Lipsy, in perpetuity and throughout the universe, from the moment of their creation, at every stage of their development, production or completion, all right, title and interest in and to the products of the Model’s services hereunder, including, but not limited to, the copyright therein and any renewals and extensions of such copyright. The Supplier shall procure the assignment in this clause 6.2.
6.3 Nothing in these Conditions will prevent Lipsy from using the items in clause 6.1 above for archive use (i.e. when showing ranges or promotions from the past). Consent or permission will not be required for archive use.
7 CONFIDENTIALITY
7.1 The Supplier shall not and shall ensure that the Models do not disclose to any third party any confidential business or future plans of Lipsy at any time acquired during the existence of any contract and no reference is to be made to these Conditions by either party in any advertising, publicity or promotional material without the prior written consent of the other party.
7.2 Nothing contained in this Condition 7 shall prevent the Supplier or the Model from disclosing (i) any information on a need-to-know and confidential basis to the Model’s business and legal representatives or (ii) any information required to be disclosed by law or legal process, provided that the Supplier or the Model gives notice to Lipsy of such required disclosure as soon as reasonably practicable so that Lipsy may have an opportunity to contest such disclosure or obtain protective orders regarding such disclosure.
8 REGULATORY COMPLIANCE
8.1 Bribery. The Supplier shall, and shall procure that its employees, subsidiaries, agents, sub-contractors, consultants and any other person providing services on its behalf in connection with these Conditions shall (i) comply with applicable anti-bribery and corruption laws (including the UK Bribery Act 2010) ("Anti-Bribery Laws") and will not cause Lipsy to be in breach of the Anti-Bribery Laws, and in particular, shall not, either directly or indirectly, offer, promise, give, authorise the payment of, or transfer, a financial or other advantage to any public or government official in order to obtain or retain business and with the intention of influencing such official in their capacity as an official where such official is not permitted or required by written law to be influenced by the offer, promise or gift or to any other person with the intention of inducing or rewarding the improper performance of a function or activity (ii) maintain adequate policies and procedures designed to prevent any activity, practice or conduct relating to these Conditions that would constitute an offence under any applicable Anti-Bribery Laws and (iii) inform Lipsy of any request by a third party for payment of a bribe in connection with these Conditions.
8.2 Tax Evasion. The Supplier shall, in connection with these Conditions, take all reasonable steps to ensure no offence is committed by it under Part 3 of the Criminal Finances Act 2017 (corporate offences of failure to prevent facilitation of tax evasion).
8.3 Sanctions. The Supplier undertakes to Lipsy, in connection with these Conditions, to adhere to all applicable trade economic or financial sanctions laws, regulations embargoes or restrictive measures administered enacted or enforced by any sanctions authority from time to time (including for the avoidance of doubt and without limitation the Security Council of the United Nations, the United States of America, the United Kingdom and/or the European Union and its member states).
8.4 Modern Slavery
(i) The Supplier shall and shall procure that its officers, employees, agents, sub-contractors and any other persons who perform services for or on behalf of it in connection with these Conditions shall (a) comply with all applicable laws relating to slavery, servitude, forced or compulsory labour or human trafficking, including without limitation the Modern Slavery Act 2015 as amended to replaced from time to time (“Anti-Slavery Laws”), (b) not do or omit to do any act or thing which constitutes or may constitute an offence under any Anti-Slavery Laws, (c) not knowingly employ or engage in any practices which constitute or may constitute an offence under any Anti-Slavery Laws and not knowingly appoint or contract with any person who has been convicted of or prosecuted in any jurisdiction in relation to an offence or alleged offence under any Anti-Slavery Laws, (d) not commit any act or omission which causes or could cause Lipsy to breach, or commit an offence under, any Anti-Slavery Laws.
(ii) The Supplier shall provide Lipsy with such assistance and information as it reasonably requires from time to time to (a) perform any activity required by any government, regulatory entity or agency in any relevant jurisdiction for the purpose of compliance with any applicable Anti-Slavery Laws, (b) prepare a slavery and human trafficking statement as required by section 54 of the UK Modern Slavery Act 2015 and to include the matters referred to in section 54(5) of that Act, and (c) to conduct due diligence and to measure the effectiveness of the steps it is taking or wishes to take to ensure that modern slavery practices are not taking place in its supply chain.
8.5 Audit and Termination
(i) The Supplier shall keep accurate and up to date records as may be reasonably required to demonstrate compliance with the provisions of this Clause 8, permit Lipsy and its authorised representatives to audit such records upon reasonable prior notice and to promptly notify Lipsy of any breach of this Clause 8 in connection with these Conditions.
(ii) In the event of a breach by the Supplier of any part of this Clause 8, Lipsy shall be entitled to terminate any agreement incorporating these Conditions upon not less than 30 days’ written notice to the Supplier.
TERMINATION
9.1 Either party may terminate any contract by notice in writing to the other if the other is in material breach of any contract and shall have failed (where the breach is capable of remedy) to remedy the breach within 10 days of the receipt of a request in writing from the party not in breach to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of any contract.
9.2 Lipsy may terminate any contract in the following circumstances:
9.2.1 The Model is convicted of a criminal offence anywhere throughout the Territory;
9.2.2 The Model makes a statement which in Lipsy's reasonable opinion isdetrimental, derogatory or offensive to Lipsy;
9.2.3 The Model engages in an activity which brings into disrepute or adversely affects Lipsy, its officers, employees or suppliers;For the avoidance of doubt, breach of section 8.2.3 above shall be considered to be a material breach incapable of remedy
9.3 The Supplier fails or is unable to provide the services under these Conditionsfor a continuous period of 30 days;
10 GOVERNING LAW
10.1 Any contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
11. MISCELLANEOUS
11.1 Nothing in these Conditions will render the Model an employee, agent or partner of Lipsy and the Model will not hold herself out as such.
11.2 Lipsy shall be entitled to set off any sums payable by the Supplier to Lipsy arising under any contract against any sums owed by Lipsy to the Supplier.
11.3 If any part of these Conditions shall be found to be invalid due to the application of any English law or legal principle then that invalid part will be deemed to be removed from these Conditions and the parties agree to use their best endeavours in good faith to achieve the same objective by lawful means.
11.4 Any contract is personal to the Supplier and may not be assigned, novated or otherwise transferred to any third party
1) Next Business to Business is a department within Next Retail Limited of Desford Road, Enderby, Leicester LE19 4AT (‘Next’). This contract is made between Next and the Customer (whose details are set out overleaf) for the purchase of any items sold by Next which may include clothing, accessories and items for the home (the ‘Goods’). 2) The Customer acknowledges that the Goods are not manufactured for industrial or commercial use. For example, the furniture range is designed for use in the home and not for use in an office environment; the clothing is designed as retail fashion wear and not as industrial clothing. 3) These Conditions shall apply to all contracts for the sale of Goods by Next to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document. The Customer acknowledges that no representations have been made or relied upon in entering into this contract. 4.1) All orders or requests for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions. The order will not be binding on Next until accepted by Next. 4.2) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall not be binding on Next unless agreed in writing and signed by an authorised representative of Next. 5.1) The price payable for Goods shall be the full retail price less any agreed discount, where applicable (the ‘Price’).The Price is inclusive of VAT which shall be due at the rate ruling on the date stated on Next’s invoice to the Customer. 5.2) Any discount agreed shall be at the sole discretion of Next and shall apply unless withdrawn by notice in writing by Next. The acceptance of any order from the Customer shall not of itself entitle the Customer to any discount. 5.3) Payment of the Price and VAT shall be due within 30 days of the date of invoice. Time for payment shall be of the essence. 5.4) If the Customer fails to make any payment in full on the due date Next may charge the Customer any reasonable additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate from time to time of Barclays Bank Plc. Such interest shall be compounded with monthly rests. 5.5) Late payment of any invoice may at Next’s absolute discretion result in loss by the Customer of any discount previously agreed. 5.6) The Customer may not delay or withhold payment of any invoice or other amount due to Next by reason of a right of set-off or counterclaim which the Customer may have or allege to have or for any reason whatsoever. 5.7) Applications for trade credit are subject to status and acceptance. In the event that an application is accepted the Customer will be notified of the credit limit available to them. If the Customer exceeds the stated credit limit Next shall be entitled to suspend performance of all its obligations hereunder without liability to the Customer. 6) Next warrants that the Goods will at the time of delivery correspond to the description given by Next. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, satisfactory quality or condition of the Goods whether implied by statute or common law or otherwise are excluded. 7) The Goods are designed and sold as fashion and/or domestic items and no express or implied warranty is given for the suitability of any clothing to be worn as day to day work wear or for any home Goods (such as furniture and home accessories) to be used in a business context. Clothing is not made of performance fabrics and is not available on a continuing basis. Goods will be available on a season by season basis only and styles and fabrics may change within each season. 8.1) The Customer shall be deemed to have accepted the Goods 10 days after delivery of the Goods to the Customer. After acceptance the Customer shall not be entitled to reject Goods unless they are faulty. This does not affect consumer’s statutory rights. 8.2) Where the Customer rejects any Goods then the Customer shall have no further rights whatsoever in respect of the supply to the Customer of such Goods or the failure by Next to supply the Goods which conform to the contract of sale. 8.3) Next will at its option either refund the price, repair or replace free of charge any defective Goods where the defect is apparent on inspection provided that the defect is notified to Next within the timescales set out in clause 8.1 above. 8.4) Any defective Goods must where reasonable be returned to Next for inspection if requested by Next before Next will have any liability for defective Goods. When returning Goods the Customer must obtain proof of postage. 9) Risk shall pass to the Customer on delivery of the Goods to the Customer. Title shall pass to the Customer on payment in full to Next by the Customer of all outstanding sums due to Next by the Customer. 10) Time for deliveries are estimates only and Next shall not be liable to the Customer for late delivery or short delivery of the Goods. Any claims of short delivery shall be notified to Next within 7 days of delivery. 11.1) Next shall have no liability for damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Goods after a defect has become apparent or suspected or should reasonably have become apparent to the Customer. 11.2) The Customer shall give Next a reasonable opportunity to remedy any matter for which Next is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Next shall have no liability to the Customer. 11.3) Next shall have no liability for any matters which are outside its reasonable control. 11.4) Next shall have no liability to the Customer for any (i) consequential losses; (ii) loss of profits and/or damage to goodwill; (iii) economic and/or other similar losses; (iv) special damages and indirect losses; and/or (v) business interruption, loss of business, contracts, opportunity and/or production. 11.5) Next’s total liability to the Customer in relation to any one claim shall not exceed the value of the individual Goods to which the claim relates. 11.6) Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each of the following categories of liability: (i) liability for breach of contract; (ii) liability in tort (including negligence); (iii) liability for breach of statutory duty; and (iv) liability for breach of common law; except clause 11.5 above which shall apply once only in respect of all the said types of liability. 11.7) Nothing in this contract shall exclude or limit the liability of Next for death or personal injury due to its negligence or any liability which is due to Next’s fraud or any other liability which it is not permitted to exclude or limit as a matter of law. 11.8) Nothing in this contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent, have no force or effect. 12) Information provided by the Customer about itself may be used by Next or any of its associated companies for marketing, credit and/or risk assessment purposes. Information relating to the contract between Next and the Customer may also be disclosed for credit scoring, administration and financing purposes and for fraud prevention. The Customer consents to receiving marketing material by email, post, fax and telephone. 13.1) Next is the registered owner of the trade mark NEXT (the ‘Trade Mark’) and all intellectual property rights in the Trade Mark remain the property of Next. The Customer shall not use the Trade Mark in any publicity or other material without the specific written consent of Next. 13.2) Next owns and retains all intellectual property rights in the Goods. The Customer will not use the Goods, or allow them to be used in any way which may damage the reputation of Next or the Trade Mark or Next brand. 14) No confidential information whether written or oral about the business or operations of Next shall be disclosed by the Customer to any third party without the prior written consent of Next. For the avoidance of doubt confidential information includes but is not limited to information on Next’s discount structure, sales policy and operational procedures. 15) The failure by Next to enforce at any time or for any period any one or more of the terms or conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all the terms and conditions of this contract. 16) All third party rights are excluded and no third party shall have a right to enforce any part of this contract. 17) This Agreement is subject to English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts. Regulatory Compliance 18.1) Bribery. The Customer shall, and shall procure that its employees, subsidiaries, agents, sub-contractors, consultants and any other person providing services on its behalf in connection with these Conditions shall (i) comply with applicable anti-bribery and corruption laws (including the UK Bribery Act 2010) ("Anti-Bribery Laws") and will not cause Next to be in breach of the Anti-Bribery Laws, and in particular, shall not, either directly or indirectly, offer, promise, give, authorise the payment of, or transfer, a financial or other advantage to any public or government official in order to obtain or retain business and with the intention of influencing such official in their capacity as an official where such official is not permitted or required by written law to be influenced by the offer, promise or gift or to any other person with the intention of inducing or rewarding the improper performance of a function or activity (ii) maintain adequate policies and procedures designed to prevent any activity, practice or conduct relating to these Conditions that would constitute an offence under any applicable Anti-Bribery Laws and (iii) inform Next of any request by a third party for payment of a bribe in connection with these Conditions. 18.2) Tax Evasion. The Customer shall, in connection with these Conditions, take all reasonable steps to ensure no offence is committed by it under Part 3 of the Criminal Finances Act 2017 (corporate offences of failure to prevent facilitation of tax evasion). 18.3) Sanctions. The Customer undertakes to Next, in connection with these Conditions, to adhere to all applicable trade economic or financial sanctions laws, regulations embargoes or restrictive measures administered enacted or enforced by any sanctions authority from time to time (including for the avoidance of doubt and without limitation the Security Council of the United Nations, the United States of America, the United Kingdom and/or the European Union and its member states). 18.4) Modern Slavery (i) The Customer shall and shall procure that its officers, employees, agents, sub-contractors and any other persons who perform services for or on behalf of it in connection with these Conditions shall (a) comply with all applicable laws relating to slavery, servitude, forced or compulsory labour or human trafficking, including without limitation the Modern Slavery Act 2015 as amended to replaced from time to time (“Anti-Slavery Laws”), (b) not do or omit to do any act or thing which constitutes or may constitute an offence under any Anti-Slavery Laws, (c) not knowingly employ or engage in any practices which constitute or may constitute an offence under any Anti-Slavery Laws and not knowingly appoint or contract with any person who has been convicted of or prosecuted in any jurisdiction in relation to an offence or alleged offence under any Anti-Slavery Laws, (d) not commit any act or omission which causes or could cause Next to breach, or commit an offence under, any Anti-Slavery Laws. (ii) The Customer shall provide Next with such assistance and information as it reasonably requires from time to time to (a) perform any activity required by any government, regulatory entity or agency in any relevant jurisdiction for the purpose of compliance with any applicable Anti-Slavery Laws, (b) prepare a slavery and human trafficking statement as required by section 54 of the UK Modern Slavery Act 2015 and to include the matters referred to in section 54(5) of that Act, and (c) to conduct due diligence and to measure the effectiveness of the steps it is taking or wishes to take to ensure that modern slavery practices are not taking place in its supply chain. 18.5) Audit and Termination i) The Customer shall keep accurate and up to date records as may be reasonably required to demonstrate compliance with the provisions of this Condition 18, permit Next and its authorised representatives to audit such records upon reasonable prior notice and to promptly notify Next of any breach of this Condition 18 in connection with these Conditions. ii) In the event of a breach by the Customer of any part of this Condition 18, Next shall be entitled to terminate any contract incorporating these Conditions upon not less than 30 days’ written notice to the Customer. 19) Customer shall promptly respond to any recall notice issued by Next and shall follow Next’s instructions in connection with any recalled Products and remove any recalled Products from sale immediately. Customer shall keep Next fully and effectively indemnified against all claims, demands, losses, damages, costs and expenses which Next may incur as a result of Customer’s breach of this clause. In the event that Customer receives from any official body in the European Union or its member states, a request or complaint relating to any Good(s), Customer shall immediately inform Next and if any notice to withdraw from sale, enforcement notice, or injunction is served on Customer in respect of any Good(s), then Customer shall immediately notify Next and shall provide Next with such assistance as is necessary to protect Next’s interests and reputation. 20) For the avoidance of doubt, the Next refund policy applicable to purchases by consumers instore and online shall not apply. Giftcard Terms and Conditions
1 DEFINITIONS
1.1 In these Conditions the following words have the following meanings:
"Supplier" means the person, company or firm supplying the services of the Talent to Lipsy
“Agency Fee” means the fee if any agreed for the Supplier’s services set out on the Booking Form”
"Booking Form" means Lipsy’s standard Talent booking form setting out the Talent and the anticipated dates of Service Days
"Conditions" means these terms and conditions of purchase
“Expenses” means the expenses set out in the Booking Form or agreed in writing advance by the Parties.
"Fee" " such rate or fixed fee as is agreed by Lipsy and the Agent at the time of booking an Talent and failing agreement thereon the sum of £1.00
"Talent" such celebrity, act, band, DJ or entertainer as shall be specified by Lipsy for an event specified by Lipsy and booked through the Supplier using a Booking Form
“Talent IP Rights” means the Talent’s trade marks (whether registered or unregistered), name and likeness, goodwill and reputation in her/his/its name
"LIPSY" means Lipsy Limited (Company No. 5728110), Desford Road, Enderby, Leicester, LE19 4AT
“Lipsy Licensees” Lipsy Ltd and subsidiary companies of Next Holdings Limited and the franchise partners, licensees, customers and other business associates of Lipsy.
“Products” fashion apparel and other products, and accessories sold by Lipsy;
“Service Day” an anticipated day upon which an Talent is booked to provides their services hereunder.
“Social Media” applications that enable users to create and share content to participate in social networking (including without limitation Twitter, Facebook, Bebo, Snapchat, Wikipedia, Youtube, Flicker, Pinterest, Blogspot, Linkedin and Instagram);
“Territory” the World including the world wide web.
“Travel Day” shall mean a day upon which a Talent is travelling solely in connection with a Service Day.
1.2 These Conditions shall govern the contractual relationship between the Supplier and Lipsy to the exclusion of any other terms and conditions (including the Supplier's terms and conditions).
1.3 No variation of these to these Conditions shall be binding on Lipsy unless agreed in writing by Lipsy (which shall not include email).
2 BOOKING
2.1 Lipsy shall book the Talent with the Supplier by telephone or email and will confirm all bookings in writing by Booking Form.
2.2 A binding contract shall exist when the Supplier accepts Lipsy's confirmation (whether in writing, verbally or by conduct)
2.3 At the time of booking Lipsy and the Supplier will agree the Fee and if applicable a rate for overtime.
2.4 Talent acknowledge and agrees that it is fundamental to these Conditions that the event for which the Talent is booked may be re-arranged by Lipsy to another date or cancelled altogether at any time by Lipsy at its sole discretion and that Lipsy shall have no liability to make payment to the Talent if either of these eventualities occur prior to the event taking place.
3 OBLIGATIONS OF SUPPLIER
3.1 The Supplier acknowledges that Lipsy requires the personal services of the Talent as set out in the Booking Form and these Conditions and any substitute for the Talent will not be acceptable to Lipsy.
3.2 The Supplier shall procure that the Talent shall carry out the services required by Lipsy in accordance with all applicable laws including without limitation to those regulating marketing communications and to highest industry standards.
3.3 The Supplier shall ensure that the Talent shall co-operate with Lipsy and comply with the reasonable requests of Lipsy at the venue and the photographers at each event.
3.4 The Supplier shall ensure that the Talent conduct themselves in a fit and proper manner and shall not engage in any activities which in the reasonable opinion of Lipsy would bring the brand, reputation or image of Lipsy into disrepute. By way of example only, activities which will be regarded as bringing the Lipsy brand into disrepute include (without limitation) the following: (i) making remarks or behaving in a manner which condones behaviour which is prejudicial on the grounds of race, religion, gender, sexual orientation, age or cultural background; (ii) taking or the condoning of taking any classified drugs or narcotics except those which have been prescribed by a medical practitioner for medicinal purposes other than for the treatment of an addiction; (iii) drug or alcohol abuse; (iv) making any remarks which would discourage customers from purchasing Lipsy products.
3.5 The Supplier shall be responsible for paying the Talent all sums due to them from Lipsy. The Supplier shall be responsible for making all deductions from the Agency Fee and the Fee and making all payments necessary under any legislation in force in the UK including, without limitation, tax, National Insurance and Social Security Contributions.
3.6 Each Service Day shall last for a minimum of nine hours unless otherwise agreed.
3.7 The Supplier warrants that it has and shall keep up to date all necessary approvals, licences and consents as required by law to provide the Services.
3.8 The Supplier shall procure that the Talent warrants and represents that Talent has full title and authority to enter into this Agreement and is not bound by any previous agreement that adversely affects this Agreement.
3.9 The Supplier shall carry out reasonable due diligence checks on all Talent provided to Lipsy including without limitation checking the Talent has an appropriate right to work, checking the Talent is aged over 18 and appropriate Talent reputational checks and shall keep records of the same and permit Lipsy and its authorised representatives to audit such records.
3.10 The Supplier shall procure that the Talent promptly removes any material or statement the Talent, or his or her representatives, have released in any media (including without limitation online or on Social Media) which in Lipsy’s reasonable opinion is a breach of these Conditions.
4 OBLIGATIONS OF LIPSY
4.1 Lipsy shall pay to the Supplier the Agency Fee in consideration of the provision of the Talent’s services at the event for which the Talent has been booked and the rights granted to Lipsy hereunder and on production of receipts the Expenses, which Agency Fee and Expenses shall be paid to the Supplier as Talent’s representative and shall include all sums due to the Talent for the services. The Agency Fee shall be paid within 30 days of receipt of an invoice from the Supplier following each Service Day.
4.2 The Agency Fee shall be subject to reductions calculated in accordance with Lipsy standard Agency Fee reductions policy as amended from time to time which is available from Lipsy on request.
4.3 Lipsy shall not be bound by these obligations in the event that any Talent is convicted of a criminal offence anywhere throughout the Territory or engages in an activity which is detrimental, derogatory or offensive to Lipsy or engages in an activity which brings or is likely in Lipsy’s opinion, to bring into disrepute or adversely affect Lipsy, its officers, employees or suppliers;
4.4 Lipsy confirms that it has full title and authority to enter into any contract and is not bound by any previous agreement that will adversely affect such a contract.
4.5 In the event that for any reason beyond Talent’s reasonable control (such as sickness certified by a medical practitioner) Talent is unavailable for the scheduled Service Days, then the Talent or the Supplier or both shall give prompt notice to Lipsy and shall use best efforts to re-arrange such days promptly.
5 GRANT OF NAME AND LIKENESS RIGHTS
5.1 The Supplier, and the Supplier shall procure, the Talent hereby grants to Lipsy a non-exclusive, irrevocable, worldwide, royalty free and perpetual licence (if no shorter is specified on the Booking Form), with the right to sub-licence to Lipsy Licensees, to use the products of the Talent’s services and the Talent IP Rights, including, without limitation, all images, film, sounds, videos and photographs taken during the Service Days in the Territory as follows: (a) Lipsy’s website, in-store promotion and other forms of promotion in all Next printed publications and Lipsy direct mail pieces and catalogues and in e-commerce including without limitation, on Lipsy websites and any third party website authorised by Lipsy to feature the Licensed Products; (c) for PR editorial content (d) in Social Media and for e-commerce purposes; (e) in the showbiz press and on television media (f) magazines targeted to consumers, (g) out-of-home materials (including billboards and bus shelters) (h) point of sale and in-store displays (i) retail store windows (j)circulation to and use by agencies and press (k) TV ads.
5.2 Notwithstanding the above the Agency acknowledges that Lipsy is the owner of the copyright in the photographs taken by Lipsy and Lipsy shall be free to use the products of the Talent’s services in any way it wishes and without any restriction. For example, Lipsy may give third parties permission to include images from the Talent's services or the Lipsy website in publications, shows and broadcasts.
5.3 The Supplier acknowledges on behalf of itself and all Talent booked through the Supplier that all copyright and any other rights in and to the products of the Talent’s services hereunder shall belong to Lipsy. The Talent hereby irrevocably and exclusively assigns and grants to Lipsy, in perpetuity and throughout the universe, from the moment of their creation, at every stage of their development, production or completion, all right, title and interest in and to the products of the Talent’s services hereunder, including, but not limited to, the copyright therein and any renewals and extensions of such copyright. The Supplier shall procure the assignment in this clause 5.2.
5.3 Nothing in these Conditions will prevent Lipsy from using the items in clause 5.1 above for archive use (i.e. when showing ranges or promotions from the past). Consent or permission will not be required for archive use.
5.4 The Supplier shall indemnify Lipsy from all claims of any alleged or actual infringement, whether or not under English law, of any third party's intellectual property rights or other rights arising out of the use or supply of the products of the Talent’s Services.
6 CONFIDENTIALITY
6.1 The Supplier shall not and shall ensure that the Talents do not disclose to any third party any confidential business or future plans of Lipsy at any time acquired during the existence of any contract and no reference is to be made to these Conditions by either party in any advertising, publicity or promotional material without the prior written consent of the other party.
6.2 Nothing contained in this Condition 6 shall prevent the Supplier or the Talent from disclosing (i) any information on a need-to-know and confidential basis to the Talent’s business and legal representatives or (ii) any information required to be disclosed by law or legal process, provided that the Supplier or the Talent gives notice to Lipsy of such required disclosure as soon as reasonably practicable so that Lipsy may have an opportunity to contest such disclosure or obtain protective orders regarding such disclosure.
7 REGULATORY COMPLIANCE
7.1 Bribery. The Supplier shall, and shall procure that its employees, subsidiaries, agents, sub-contractors, consultants and any other person providing services on its behalf in connection with these Conditions shall (i) comply with applicable anti-bribery and corruption laws (including the UK Bribery Act 2010) ("Anti-Bribery Laws") and will not cause Lipsy to be in breach of the Anti-Bribery Laws, and in particular, shall not, either directly or indirectly, offer, promise, give, authorise the payment of, or transfer, a financial or other advantage to any public or government official in order to obtain or retain business and with the intention of influencing such official in their capacity as an official where such official is not permitted or required by written law to be influenced by the offer, promise or gift or to any other person with the intention of inducing or rewarding the improper performance of a function or activity (ii) maintain adequate policies and procedures designed to prevent any activity, practice or conduct relating to these Conditions that would constitute an offence under any applicable Anti-Bribery Laws and (iii) inform Lipsy of any request by a third party for payment of a bribe in connection with these Conditions.
7.2 Tax Evasion. The Supplier shall, in connection with these Conditions, take all reasonable steps to ensure no offence is committed by it under Part 3 of the Criminal Finances Act 2017 (corporate offences of failure to prevent facilitation of tax evasion).
7.3 Sanctions. The Supplier undertakes to Lipsy, in connection with these Conditions, to adhere to all applicable trade economic or financial sanctions laws, regulations embargoes or restrictive measures administered enacted or enforced by any sanctions authority from time to time (including for the avoidance of doubt and without limitation the Security Council of the United Nations, the United States of America, the United Kingdom and/or the European Union and its member states).
7.4 Modern Slavery
(i) The Supplier shall and shall procure that its officers, employees, agents, sub-contractors and any other persons who perform services for or on behalf of it in connection with these Conditions shall (a) comply with all applicable laws relating to slavery, servitude, forced or compulsory labour or human trafficking, including without limitation the Modern Slavery Act 2015 as amended to replaced from time to time (“Anti-Slavery Laws”), (b) not do or omit to do any act or thing which constitutes or may constitute an offence under any Anti-Slavery Laws, (c) not knowingly employ or engage in any practices which constitute or may constitute an offence under any Anti-Slavery Laws and not knowingly appoint or contract with any person who has been convicted of or prosecuted in any jurisdiction in relation to an offence or alleged offence under any Anti-Slavery Laws, (d) not commit any act or omission which causes or could cause Lipsy to breach, or commit an offence under, any Anti-Slavery Laws.
(ii) The Supplier shall provide Lipsy with such assistance and information as it reasonably requires from time to time to (a) perform any activity required by any government, regulatory entity or agency in any relevant jurisdiction for the purpose of compliance with any applicable Anti-Slavery Laws, (b) prepare a slavery and human trafficking statement as required by section 54 of the UK Modern Slavery Act 2015 and to include the matters referred to in section 54(5) of that Act, and (c) to conduct due diligence and to measure the effectiveness of the steps it is taking or wishes to take to ensure that modern slavery practices are not taking place in its supply chain.
7.5 Audit and Termination
(i) The Supplier shall keep accurate and up to date records as may be reasonably required to demonstrate compliance with the provisions of this Clause 7, permit Lipsy and its authorised representatives to audit such records upon reasonable prior notice and to promptly notify Lipsy of any breach of this Clause 7 in connection with these Conditions.
(ii) In the event of a breach by the Supplier of any part of this Clause 7, Lipsy shall be entitled to terminate any agreement incorporating these Conditions upon not less than 30 days’ written notice to the Supplier.
8. TERMINATION
8.1 Either party may terminate any contract by notice in writing to the other if the other is in material breach of any contract and shall have failed (where the breach is capable of remedy) to remedy the breach within 10 days of the receipt of a request in writing from the party not in breach to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of any contract.
8.2 The following shall be deemed to be material breaches under condition 8.1 above: 8.2.1 The Talent is convicted of a criminal offence anywhere throughout the Territory; 8.2.2 The Talent makes a statement which in Lipsy's reasonable opinion is detrimental, derogatory or offensive to Lipsy; 8.2.3 The Talent engages in an activity which brings into disrepute or adversely affects Lipsy, its officers, employees or suppliers; 8.2.4 The Supplier fails or is unable to provide the services under these Conditionsfor a continuous period of 30 days; 8.2.5 any breach of condition 3.4;
8.3 For the avoidance of doubt, breach of section 8.2.5 above shall be considered to be a material breach incapable of remedy.
8.4 The Supplier shall procure that Talent shall not make any public pronouncements that in Lipsy’s reasonable opinion are detrimental to it, its staff or venues. Such public pronouncements shall include without limitation any made on Social Media.
9 INSURANCE
Without prejudice to the Supplier’s obligations and liabilities pursuant to these Conditions the Supplier shall procure that the Talent will take out and maintain in force for the duration of their agreement with Lipsy, with reputable and substantial insurers rated Standard and Poor A (or equivalent) or if not so rated approved in advance by Lipsy, the following insurances, to be evidenced by certificates of insurance made available to Lipsy within 7 days of request: 9.1 public liability insurance in the amount of at least £10,000,000 for each and every occurrence; and 9.2 any other insurance required by law. 10. GOVERNING LAW
10.1 Any contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
11. MISCELLANEOUS
11.1 Nothing in these Conditions will render the Talent an employee, agent or partner of Lipsy and the Talent will not hold herself out as such.
11.2 Lipsy shall be entitled to set off any sums payable by the Supplier to Lipsy arising under any contract against any sums owed by Lipsy to the Supplier or Talent.
11.3 If any part of these Conditions shall be found to be invalid due to the application of any English law or legal principle then that invalid part will be deemed to be removed from these Conditions and the parties agree to use their best endeavours in good faith to achieve the same objective by lawful means.
11.4 Any contract is personal to the Talent and the Supplier and may not be assigned, novated or otherwise transferred to any third party.
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