Terms & Conditions

This website is owned and operated by Newlyn Works Limited, a limited company registered in England and Wales under registration number 03675870. By visiting our website and/or purchasing products from us, you agree to be bound by the following Terms & Conditions (“Terms”), which may be updated at any time. Please read these Terms carefully before using our website. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check these Terms for any changes. These Terms apply to all users of the website, including but not limited to browsers and/or customers.

Throughout the website, “Newlyn”, “we”, “us” and “our” refer to Newlyn Works Limited.

Any additions to the current website, including but not limited to features, products and content, shall also be subject to the following Terms. This document, together with our Privacy Policy, governs our relationship with you in using this website.

Our shop is self-hosted with card payments processed by Stripe.

General conditions

By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given your consent to allow any of your minor dependents to use this website.

You may not use our products or the content on this website for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of these Terms by you will result in an immediate termination of service to you.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service or this website without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information

We do not provide any warranty or guarantee that information made available on this website is accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

You acknowledge that the information and material on our website may contain inaccuracies, typographical errors or omissions that may relate to product descriptions, editorial articles, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the website, except as required by law.

We would appreciate being notified at [email protected] of any errors or inaccuracies that you may come across whilst using the website.

Products

Certain products may be available exclusively online through this website. These products may have limited quantities.

We have made every effort to display as accurately as possible the appearance of our products, but cannot guarantee that colours will be displayed accurately on a computer monitor.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We shall not be liable to any customer or third party for any modification, price change, suspension or discontinuation of the service on this website.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.

Accuracy of billing and account information

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third party links

This website may contain links to third party websites. These links are provided for your convenience and to provide further information. We are not responsible for the content and accuracy of, and will not have any liability or responsibility for, any third party material, products or websites. The provision of these links does not signify that we endorse such third party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

User feedback and submissions

If, at our request, you send certain specific submissions (for example, competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (a) to maintain any Feedback in confidence; (b) to pay compensation for any Feedback; or (c) to respond to any Feedback, however it is our ambition to credit and reference suggestions and submissions wherever possible.

Personal information

Any personal information submitted through this website and shop is governed by our Privacy Policy.

Intellectual property & prohibited uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to violate any international or local laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the website. We reserve the right to terminate your use of the service for violating any of the prohibited uses.

Warranties & limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time, or that we may take down the website or shop at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and content delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability and non-infringement.

In no case shall Newlyn, or any of its directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from your use of any part of the website or any products.

Indemnification

You agree to indemnify, defend and hold harmless Newlyn Works Limited and our parent, subsidiaries, affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease to use our website.

If in our sole judgment you fail to comply with any term or provision of these Terms, we may (a) terminate this agreement at any time without notice and you will remain liable for any amounts due up to and including the date of termination; and/or (b) deny you access to our services.

General terms

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right.

These Terms and any policies posted by us on this website or in respect of the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be removed from these Terms. This does not affect the validity and enforceability of any other remaining provisions.

Jurisdiction

These Terms, any separate agreements whereby we provide you services, and any claim or dispute arising from these Terms, shall be governed by and construed in accordance with the laws of England and Wales.

Changes to the terms & conditions

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or use of the service following the posting of any changes to these Terms constitutes acceptance of those changes.

Queries & concerns

Any queries about these Terms or any material on the website should be sent to us at [email protected].