NEXT DIRECTORY TERMS AND CONDITIONS (DE)
To order goods via this website you must be over 18 years old and a resident within the European Union.
An electronic copy of each order is held by Next but will not be accessible to you. All orders will be concluded in the English language.
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
We may contact you for marketing purposes by mail, telephone, email or otherwise.
We may combine the information you give us with information from other companies and use it to improve and personalize our services, content and advertising. This may also be done on a reciprocal basis. And from time to time, we make portions of our customer list available to carefully screened companies so that they can contact you with offers and information by mail, telephone, email or otherwise. If you do not want your name and mailing details made available, no longer want to receive a Next catalog or wish to alert us to duplicate mailings, please call us on our helpline number or email marketing@next.com Next is committed to respecting your privacy.
Delivery
Home delivery is €5.00 per order and will be despatched within 3 days, subject to availability of the products you have ordered.
Merchandise Return Right Information
Right of Merchandise Return
You may return the received merchandise without indicating any reasons, within two weeks by sending it back. The expiry period starts upon receipt of this merchandise return rights information in text form (e.g. via mail, fax or e-mail), but not before the merchandise is delivered to the receiver and not before our duties according to § 312c, paragraph 2 BGB (German Civil Code), in conjunction with § 1, paragraphs 1, 2 and 4 BGB-InfoV (Ordinance on Information Requirements) and our duties according to § 312e, paragraph 1, clause 1, BGB, in conjunction with § 3 BGB-InfoV, have been performed. Only when the merchandise can not be shipped back by post (e.g. bulky goods), you may also declare the return in writing by requesting to take back the merchandise. In order to comply with the expiry term, it is sufficient to return the goods or submit the request to take back the merchandise in due time. In any event, the return of the merchandise will be at our risk and costs. The return shipment or the request to take back the merchandise has to be addressed to:
Next Retail Ltd
Toftshaw Lane
Bradford
BD4 6QG
Consequences of a Merchandise Return
In the case of a legally effective merchandise return, compensation for the services provided reciprocally is to be granted and, where applicable, profits (e.g. the amenity and advantage of using) have to be surrendered. Should the merchandise have deteriorated, compensation of equal value can be claimed. This does not apply if the goods' deterioration is exclusively attributed to their inspection - which would have also been possible in the same way in a retail shop. For the rest, you can avoid an obligation for compensation of equal value by not using the goods as if they already were your property and by abstaining from doing anything that might affect their value. Obligations to refund payments have to be fulfilled within 30 days. The time-limit will start upon submission of your return shipment of the goods or upon submission of your request to take back the merchandise, and on our part, upon reception.
The supplier of the goods is:
Next Directory (a trading name of Next Retail Limited),
Desford Road,
Enderby, Leicester,
LE19 4AT, UK.
End of the Return Right Information
Defective Goods
- Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our products.
- In case of claims for damages, we shall be liable according to the product liability act and for intent and gross negligence according to the statutory provisions. This includes liability for intent and gross negligence of our legal representatives and vicarious agents. In addition, we shall be liable according to the statutory provisions in case of an intentional or negligent breach of a material duty of the contract. This is a duty of particular importance for the achievement of the objectives of the contract the fulfilment of which the other party relied on and was allowed to rely on.
- Apart from an intentional or grossly negligent breach of contract our liability shall be limited to the damages typically foreseeable at the time the damage occurs. In all other cases we shall not be liable.
- Subject to paragraph 2 above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Annotations:
a) Paragraph 1: German law differentiates between warranty (“Gewährleistung”) and guarantee (“Garantie”). A guarantee is not implied by law and may be given in addition to a warranty. A warranty (Gewährleistung) is based on the fault-principle, i.e. damages can only be claimed in case of fault (intent or negligence); whereas the guarantee is based on the non-fault principle, i.e. the guarantor is responsible for damages caused by the non-performance/defect regardless whether he was at fault (acted intentionally or negligently) or not. A guarantee is given if the seller uses words like “I guarantee…” or if the circumstances show that he is willing to give a warranty independently of any fault (“verschuldensunabhängige Gewährleistung”).
b) Paragraph 3: A limitation of liability to the purchase price would most likely be held invalid under German law. However, if Next plc simply wants to deter customers from pursuing higher damages (knowing that such a clause would most likely be ineffective) the following paragraph could be inserted alternatively:
“Except for wilful misconduct and liability according to the Product Liability Act our total aggregate liability to you, in contract, tort, or negligence, in connection with this contract shall be limited to the purchase price per case of loss or series of connected cases of loss.”
Any Problems
If you are dissatisfied in any way with your order or have a query relating to home delivery please call 044 902 007 402 Lines are open: 8am - 9pm Monday - Friday only, UK time) or email us at InternationalEnglish@next.ihelpu.nl.
Prices
The prices quoted are those ruling at the time of production. 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. You will get the chance to confirm your order at the altered price before the conclusion of the contract. If for this, or any other reason, an item is not acceptable, it may be returned providing it is sent back within 14 days of receipt and is in new, unused condition. Certain products cannot be returned. See section above for details. All prices shown are in Euros including the applicable VAT. We reserve the right to accept or reject orders at any time. We will request payment for the full amount on confirmation of your order.
Availability
All orders for products are subject to availability. In the event of supply difficulties we reserve the right to substitute items of equal quality and value. You will be notified of such substitutes when you place your order and will get the opportunity to confirm your order of such substitute goods.
Colour Reproduction
Next designers 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.
Copyright
© Copyright 2011 care of the Next Directory (a trading name of Next Retail Ltd.), Desford Road, Enderby, Leicester, LE19 4AT, UK. Registered number 4521150.
Supply
We reserve the right to refuse to enter a contract with any individual or company.
The supplier of the goods featured is Next Directory (a trading name of Next Retail Limited), Desford Road, Enderby, Leicester, LE19 4AT UK.
- Company Registered Number: 4521150
- United Kingdom VAT Registration: GB 179 7658 90
- Eire VAT Registration: IE 9973 522 O
- Germany VAT Registration: DE 173548186
- Cyprus VAT Registration: CY 99200002 N
- Spain VAT Registration: N 0060092 D
- Jersey GST Registration: 0002822
- Finland VAT Registration: FI 2278066-9
- France VAT Registration: FR 27 514868827
- Holland VAT Registration: NL 814246205 B01
- Sweden VAT Registration: SE 516405444601
- Italy VAT Registration: IT 00136189990
- Lithuania VAT Registration: LT 100005119714
- Belgium VAT Registration: BE 0822478341
- Estonia VAT Registration: EE 101344209
- Latvia VAT Registration: LV 90009253362
- Poland VAT Registration: PL 5263024325
- Denmark VAT Registration: DK 10163560
Directors D.W. Keens, S. Wolfson and A.J. Varley.
Company Secretary Mr A J R McKinlay.
Telephone calls to and from Next Directory may be recorded or monitored as part of our efforts to further improve service to our customers.
Credit Card Payments
We are unable to accept credit cards that are due to expire within the next FIVE Days. Card details are checked and verified by a third party and goods are despatched once authorisation has been obtained.
Voucher PINs with money or a percentage off at nextdirect.com
The offer is valid for orders over the minimum value stated in your communication.
The offer is valid until the expiry date shown on your communication.
The offer can only be activated once the voucher PIN has been registered at nextdirect.com. A voucher PIN can only be registered once.
The offer can only be used for purchases made online at nextdirect.com. It is not valid for telephone transactions. Redemption of the offer involves registering at nextdirect.com.
The offer is only valid on introductory orders with nextdirect.com for new customers only. One voucher PIN per customer only.
If the order is returned, the value of the offer is non refundable.
The voucher PIN cannot be exchanged for cash. No change or refund will be given.
Next cannot accept responsibility for the loss of your voucher PIN. It will not be replaced or its value refunded if this happens.
Offer is open to residents of selected countries that are over 18 years old only.
Next reserves the right to amend these terms and conditions and/or discontinue the offer at any time.
Your statutory rights are not affected.
Law
These Terms and Conditions will be governed by and interpreted in accordance with English Law.