Terms and Conditions

Please read all these terms and conditions, as we can accept your order and make a legally enforceable agreement without further reference to you.

Application

1. These terms and conditions will apply to the purchase of products by you (the customer or you). We are The Neuter Limited, a company registered in England and Wales (the supplier or us or we). Our company registration number is 11779618 and our registered office is at 20 Kendal Court, Shoot Up Hill, London NW2 3PD, United Kingdom. Our VAT registration number is 369620960. You can contact us by writing to message@theneuter.com.

2. These are the terms for which we sell all products to you. By ordering any of our products, you agree to be bound by these terms and conditions. You can only purchase products from the website if you are eligible to enter into a contract and are at least 18 years old.

Definitions

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally binding agreement between you and us for the supply of products;

5. Delivery Location means the customer’s premises or other location where the products are to be supplied, as set out in the order;

6. Distance Contract means a contract concluded between a supplier and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the supplier and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

7. Products means the goods advertised on our website that we supply to you of the number and description as set out in the order;

8. Order means the customer's order for products from the us as submitted following the step by step process set out on our website;

9. Privacy Policy means the terms which set out how we deal with confidential and personal information received from you via our website;

10. Website means theneuter.com on which the products are advertised.

11. Writing means any medium that allows information to be addressed personally to the recipient, and includes emails.

Personal Information

12. We retain and use information in strict accordance with our privacy policy.

13. If we have to contact you we will do so by telephone, or by writing to you at the email address or postal address you provided to us in your order.

Products

14. We have a legal duty to supply products that conform to their description, are reasonably fit for purpose and are of satisfactory quality.

15. Unless specified, all our products are to be considered used or pre-owned. This means that signs of wear are likely to be present. Although we undertake to describe and display, as accurately as possible, any discernible defects or faults be they of a structural or aesthetic concern, these descriptions may not include all small signs of age-related wear that is nevertheless consistent with pre-owned products.

16. The images and descriptions of the products on our website or other marketing materials are for illustrative purposes only. Although we have made every effort to accurately display and describe our products, there may be small discrepancies with the attributes of the products supplied, for example size and colour.

17. Due to their used nature we cannot guarantee the long-term durability of our products. We shall not be liable for any defect in the products arising from wear and tear, wilful damage, accident and/or negligence by you or any third party, or due to any alteration or repair you carry out.

Basis of sale

18. The description of the products on our website does not constitute a contractual offer to sell the products. When an order has been submitted on our website, we can reject it for any reason, although we will try to tell you the reason without delay.

19. The order process is set out on the website. Each step allows you to check and amend any errors before submitting your order. It is your responsibility to check that you have used the ordering process correctly.

20. A contract will be formed for the sale of products ordered only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email. You will receive the order confirmation within a reasonable time after making the contract, but not later than the delivery of any products supplied under the contract.

21. Any quotation is valid for a maximum period of 10 days from its date, unless we expressly withdraw it at an earlier time.

22. No variation of the contract, whether about description of the products, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.

Price and payment

23. The price of products and any additional delivery or other charges is that which has been set out on our website on the date of the order, or such other price that we may have agreed to in writing.

24. All prices which have been displayed on our website are inclusive of UK VAT at 20%.

25. For delivery to countries within the European Union, which are not subject to UK VAT, orders (including the applicable delivery charge) will be charged the relevant tax rate of the jurisdiction in which they are to be delivered. VAT charged in this way is paid to and collected by the delivery company, who in turn pay all taxes due to the relevant tax authority, according to the shipping terms DDP (Delivered Duty Paid).

26. For delivery to countries outside the European Union, which are not subject to UK VAT, all written quotations, invoices and payments for products and delivery charges will be issued or processed excluding VAT.

27. We accept payment via Visa, MasterCard, Discover, American Express and Apple Pay using Stripe, a secure payment processing gateway. Payment can also be made via Paypal Express Checkout or bank transfer to our company account.

Delivery

28. We will deliver the products, to the delivery location by the time or within the agreed period or, failing any agreement, without undue delay and not more than 30 days after the day on which the contract is entered into.

29. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

30. For delivery to countries within the European Union, orders will be shipped according to the terms DDP (Delivered Duty Paid), which means you will not incur any charges, import duties or taxes on receipt of your delivery. We may agree, in writing, to other terms of delivery such as DAP (Delivered at Place).

31. If we accept an order for delivery to an address outside the United Kingdom and European Union, you agree to pay any import duties or taxes applicable to the delivery destination.

32. If you or your nominee fail, through no fault of ours, to take delivery of the products at the delivery location, we may charge any reasonable costs of storing and redelivering them.

33. The products will become your responsibility on completion of delivery or once you have acquired physical possession. Risk of damage to, or loss of, any products will pass to you once the products are in your possession.

Returns

34. You should unpack and inspect your order immediately on delivery. We must be notified of any damage or if the products are not in accordance with the order with a report and photographic evidence sent to us by email as soon as possible following delivery. If you wish to reject defective products you must return them to us to the address notified to you, or allow us to collect them, in each case, at your cost (unless otherwise agreed).

35. You agree that we (or our appointed agents) may examine and test any products that are claimed to be defective to establish whether those defects are our responsibility. When we need to send the products away for examination and testing, then you will permit us (or our agents) to collect them from you for that purpose.

36. When we are satisfied that the products do not conform with the contract; are not fit for purpose; or are not of satisfactory quality you will be offered a full refund of the original purchase price. This will include both the cost of initial delivery and for the return of the products, except for supplementary costs arising if you choose a type of delivery other than, or equivalent to, our standard and least expensive method of delivery at the time the order was made or when returning the products. Any refund will be credited to the debit card, credit card, or bank account you used to pay for the products.

Your right to cancel

37. This is a distance contract which has cancellation rights that have been set out below. However, these cancellation rights do not apply to: (i) personalised or commissioned products that are made to your specifications; (ii) products which are liable to deteriorate or expire rapidly; (iii) products that become mixed inseparably (according to their nature) with other items after delivery.

38. You have the right to cancel your order for any reason and at any time between placing the order and within 14 days of accepting delivery and acquiring physical possession of the products.

39. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement in writing.

40. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

41. If you wish to cancel an order you must return the products to us, at your cost (unless otherwise agreed) to the address notified to you. The cancelled products must be dispatched to us within 14 days after the day on which you inform us of your decision to cancel the contract.

42. We are entitled to deduct an amount from the refund to reflect any loss in value of the products supplied, if the loss is the result of unnecessary handling of the products by you.

43. Provided you have complied with all of your obligations under clauses 34 to 39 in respect of the products, we will reimburse the cost of the products no later than 14 days after we have received your return.

44. The refund will include the cost of the initial delivery of the products, except for any supplementary costs arising if you chose a type of delivery other than our standard and least expensive method of delivery at the time the order was made. The refund will be credited to the debit card, credit card, or bank account you used to pay for the products.

45. The return of products that are not made subject to your legal rights are at our sole discretion.

Gift cards

46. The Neuter gift cards are available to purchase online at theneuter.com in denominations of £50, £75, £100, £200, £300 or £500 and are sent to recipients via email containing a unique code to be redeemed at checkout.

47. The Neuter gift cards are redeemable against all products available on our website. If you make a purchase using your gift card, the cost of your purchase will be deducted from the balance on the card. If you do not spend the entire balance on the card, the remaining balance will be updated and may be applied to future purchases. You may purchase goods and services of a higher price than the amount on the card, on payment of the difference.

48. The Neuter gift cards have no expiry date.

49. The Neuter gift cards cannot be redeemed or exchanged for cash. You have the right to cancel and request a refund for a gift card within 14 days of placing your order provided that you have not redeemed the card (in whole or in part).

Third parties

50. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Excluding liability

51. We do not exclude liability for any fraudulent act or omission, or for death or personal injury caused by negligence or breach of our legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the contract was made.

Data protection

52. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

53. These terms and conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

54. We are a data controller of the personal data we process in providing products to you.

55. Where you supply personal data to us so we can provide products to you, and we process that personal data in the course of providing products to you, we will comply with our obligations imposed by the Data Protection Laws. Before or at the time of collecting personal data, we will identify the purposes for which information is being collected; we will only process personal data for the purposes identified; we will respect your rights in relation to your personal data; and we will implement technical and organisational measures to ensure your personal data is secure.

56. For any enquiries or complaints regarding data privacy, please write to message@theneuter.com.

Governing law and jurisdiction

57. The contract (including any non-contractual matters) is governed by the law of England and Wales.

58. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

Complaints

59. We try to avoid any dispute. If a dispute occurs customers should contact us to find a solution and we will aim to respond with an appropriate solution within 5 working days.

Last update: 28 October 2021