NEXT TERMS AND CONDITIONS

Scope
Welcome to nextdirect.com. The Site is owned by and operated by or on behalf of Next Retail Ltd, a UK company that is part of the Next PLC group (collectively “Next”, “us”, “we” or “our”) Next provides website features to you subject to the following conditions. Please read these terms and conditions (“Terms” or “Agreement”) carefully as they apply to your use of the nextdirect.com (“Site”) generally as well as when you register to create an account or purchase products through the Site without creating an account. By visiting this Site you accept these Terms. If you do not agree to these Terms, then please do not use the Site and feel free to contact us via our toll-free number for any questions or purchases.

Site License
We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of nextdirect.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Next. Any unauthorized use terminates the permission or license we have granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of nextdirect.com so long as the link does not portray Next, or its products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Next logo or other proprietary graphic or trademark as part of the link without express written permission. Free Delivery and other offer order codes remain the property of Next, are non-transferable and may not be reproduced in any form or used in conjunction with any other offer.

Application and Account Details
If you use this Site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do sell products for children, but we sell them to adults, who can purchase with a credit, debit or AMEX card or other permitted payment method. If you are under 18, you may use nextdirect.com only with involvement of a parent or guardian.
Next reserves the right to refuse to supply any individual or company, to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We may use credit scoring methods to assess your application and to verify your identity. We may also use your information, including shopping habits to enable payment recovery, fraud prevention and debt tracing and for our marketing or market research. To prevent or detect fraud, or to assist in verifying your identity, we may make searches of records held by Next and fraud prevention agencies who will supply us with information. We may also pass information to financial and other organizations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you give us false or inaccurate information and we suspect fraud, we will record this. We and other companies may use this information if decisions are made about you or others at your address(es) on credit or credit-related services or motor, household, credit, life or any other insurance facilities. It may also be used for tracing and claims assessment.
We may contact you for marketing purposes by mail, telephone, email or otherwise. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. This may also be done on a reciprocal basis. From time to time, we make portions of our customer list available to carefully screened companies. If you do not want your name and mailing details made available, or no longer choose 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.
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.
We may also contact you for market research purposes.
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.

Delivery and Risk of Loss
Delivery to the shipping address you indicate on any order is calculated during the checkout process. Each order will usually be dispatched within 2 business days, subject to availability of the products you have ordered. All items that you purchase from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns and refunds
Simply return any unused item within 28 days of receipt for a full refund of the price of the goods (provided it is in a new, unused condition) via post using the returns label on the reverse of your delivery note. This approval period does not apply to certain jewellery, cosmetics, grooming, photographic, or food products for which no returns are allowed. You can return your items via your chosen method using the returns label on the reverse of your delivery note. Returns should be sent to the US depot at Next Retail Ltd c/o Global Response, 3580 NW ST, Suite 100. Ft Lauderdale, FL33309, USA. Postage must be paid by the sender and will not be refunded by Next. Items are refunded to your card when they reach a Next warehouse.

Any Problems
If you are dissatisfied in any way with your order or have a query relating to delivery please call us toll-free at 1-888-385-6398 (Lines are open: 24 Hours, 7 Days Week) or email us at usa@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 with respect to shipping internationally. We cannot confirm the price of an item until you order; however, we do NOT charge your credit, debit, or AMEX card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
If for this, or any other reason, an item is not acceptable, it may be returned providing it is sent back within 28 days of receipt and is in new, unused condition. Certain products cannot be returned. See section above for details. All prices shown are cash prices in US dollars. We reserve the right to accept or reject orders at any time.

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.

Product Descriptions
Next attempts to be as accurate as possible. However, we do not warrant that product descriptions, sizes, colors, styles or other content of this Site is accurate, complete, reliable, current, or error-free. If a product you purchase is not as described, your sole remedy is to return it in unused condition.

Copyright and Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Next or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Next and protected by U.S. and international copyright laws. All software used on this site is the property of Next or its software suppliers and protected by United States and international copyright laws.
Nextdirect.com and other nextdirect.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Next in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not Next's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Next. All other trademarks not owned by Next that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Copyright Complaints
It is the policy of nextdirect.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Next's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to our Designated Agent listed below.

1. Notices of Alleged Infringement for Content Made Available Through Our Site.
   If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
   1. Identify the copyrighted works that you claim have been infringed.
   2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on our website where such material may be found.
   3. Provide your mailing address, telephone number, and, if available, email address.
   4. Include both of the following statements in the body of the Notice:

      "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

      "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

   5. Provide your full legal name and your electronic or physical signature.
   6. Deliver this notice, with all items completed, to our Designated Copyright Agent:
      Company Secretary's Department
      Next plc
      Desford Road
      Enderby
      Leicester
      LE19 4AT
      
2. Counter Notices
   

   You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Next, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

   A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.

   1. Identification of the material that has been removed or to which access has been disabled on our web site and the location at which the material appeared before it was removed or access to it was disabled.
   2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
   3. Your name, address, telephone number and, if available, email address.
   4. A statement as follows: “I hereby consent to the jurisdiction of the federal district court located in [_________] County in the State of [________], and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
   5. Provide your full legal name and your electronic or physical signature.
   6. The Counter Notice should be delivered to our Designated Copyright Agent:
      Company Secretary's Department
      Next plc
      Desford Road
      Enderby
      Leicester
      LE19 4AT
      

Credit Card Payments
We are unable to accept credit, debit, and AMEX cards that are due to expire within the next FIVE Days.
We can only accept credit or debit cards that are registered to the delivery address.
Card details are checked and verified by a third party and goods are dispatched once authorization has been obtained. In the event of a breach of security by you, you will remain liable for any unauthorized use of your credit card until you update your information.
You are entirely responsible for any and all activities which occur under your user account.
Please note that if you pay by credit, debit or AMEX cards you may be charged a fee by your card issuer.

Customs Fees
You will be responsible for assuring that any products you order comply with state and federal government import regulations. In particular please note that all shipments to destinations outside of the UK may be subject to import duties and taxes, which are levied by the importing country at the time the shipment arrives in your country. All applicable duties, fees and any additional charges for customs clearance are your, our customer’s, responsibility.

Disclaimer of Warranties and Limitation of Liability
This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by next on an "as is" and "as available" basis, unless otherwise specified in writing. Next makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, next disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Next does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from next are free of viruses or other harmful components. Next will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Law
By visiting nextdirect.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Next. Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to nextdirect.com. We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Electronic Communications
When you visit nextdirect.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Promotional Offer
The Promotional Offer is valid for one order. The incentive is valid until 21st june 2011. A Promotion Code can only be used once. The Promotion Code can only be used for purchases made online at www.nextdirect.com. One per customer only. If the order is returned, the $40 promotional offer is not refundable. The Promotion Code is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The Promotion Code will not be honoured if it is sold or exchanged. Next cannot accept responsibility for your online Promotion Code if it is lost, stolen or damaged. It will not be replaced or its value refunded in any of these circumstances. Offer open to residents of USA over 18 years old only. Next reserves the right to amend these terms and conditions and/or discontinue the Promotion Code at anytime. Your statutory rights are not affected.

PIN Numbers with money off at nextdirect.com
The incentive offer is valid for orders over the minimum value stated in your communication.
The incentive is valid until the expiry date shown in your communication.
The incentive can only be activated once it has been registered at nextdirect.com. A PIN number can only be registered once.
The PIN can only be used for purchases made online at nextdirect.com. It is not valid for telephone transactions. Redemption of the incentive involves setting up a Next Account.
The incentive is only valid on introductory orders with nextdirect.com. One incentive per customer only.
If the order is returned, the incentive is non refundable.
The PIN cannot be exchanged for cash. No change or refund will be given.
Next cannot accept responsibility for the loss of your PIN. It will not be replaced or its value refunded if this happens.
Offer 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 PIN value at any time.
Your statutory rights are not affected.