Terms & Conditions

1. Our Contract

1.1 These Terms and Conditions apply to the sale of goods by Nyx Clothing ("we," "us") to the customer ("you").

1.2 By placing an order (whether in-store, by phone, on our website, or other channels), you agree to these Terms and Conditions. The contract becomes legally binding once we either deliver the goods or confirm the order by providing the purchased items.

1.3 These Terms and Conditions may be updated. The most current version will always be available on our website at nyxclothing.co.uk.

1.4 Acknowledging your order and processing your payment does not constitute acceptance of your order.

2. Ordering

2.1 On our website, you can place an order by following the prompts after selecting the item. You may review and correct your order before finalizing it by clicking “Place order and pay” at checkout.

2.2 Orders are subject to acceptance by us. We may decline your order for any reason without liability.

2.3 If we accept your order, we are legally obligated to supply goods that match the description and are in conformity with these Terms and Conditions.

3. Price & Payment

3.1 The price for goods is as listed on our website at the time of your order, excluding delivery charges. All prices include applicable VAT unless otherwise stated.

3.2 Catalogue prices are correct at the time of publication but may change. We reserve the right to update prices due to market conditions, particularly for commodity goods. If this happens, we will confirm the final price with you before processing your order.

3.3 Promotional prices require a relevant promotion code to be applied. Without this, the standard price will be charged.

3.4 In case of a pricing or description error, we are not obligated to fulfill the order at the incorrect price or description. We will either cancel the order and refund your payment or contact you to confirm if you wish to proceed with the corrected price or description.

3.5 We require full payment before processing your order, including any applicable delivery charges, unless otherwise agreed in writing.

3.6 For website orders, payments are accepted via major credit/debit cards or PayPal at checkout.

3.7 By using a payment card, you confirm the card is yours or that you are authorized to use it. By using PayPal, you confirm the account is yours.

3.8 All card payments are subject to validation and authorization by the card issuer. If payment is refused, we will not be able to process your order.

3.9 We advise against sharing payment card details or PayPal account details via email. We cannot be responsible for losses incurred from transmitting information via email or internet links.

3.10 If you are a trade customer, you are responsible for any orders made by your employees. We are not bound by any individual order limits you set.

3.11 Trade customers cannot withhold payment for any reason, including set-offs or counterclaims, without written consent from us.

3.12 We reserve the right to offset any debts or claims we may have against you against any sums due to you.

4. Delivery

4.1 We aim to dispatch your order within 1-2 business days after payment is received.

4.2 Delivery times may vary depending on the destination. Our usual delivery time is 14–21 days from dispatch, but this may vary based on stock availability and your location.

4.3 We will send a confirmation email once your order has been dispatched, including tracking information where applicable.

4.4 Delivery charges will be calculated at checkout and are based on the delivery method and destination.

4.5 Risk of loss or damage to the goods passes to you once they are delivered to the address you provided.

4.6 If you have not received your order within the expected timeframe, please contact us immediately, and we will work to resolve the issue.

5. Cancellation & Returns

5.1 You have the right to cancel your order within 14 days of receiving the goods. To cancel, please contact us via email or phone.

5.2 If you cancel your order, we will refund you the full purchase price, including standard delivery charges, within 14 days of receiving the returned goods.

5.3 To return goods, they must be in unused, resalable condition with all tags and labels intact. We reserve the right to refuse refunds if items are damaged or not in resalable condition.

5.4 If the goods are faulty or damaged upon delivery, please notify us within 7 days of receiving them, and we will arrange for a return or replacement at no additional cost.

5.5 If you wish to return a product for any other reason, you are responsible for the return shipping costs.

5.6 We recommend using a tracked service for returns, as we cannot accept responsibility for lost return parcels.

6. Liability

6.1 We are liable for any loss or damage that is a foreseeable result of our breach of these Terms and Conditions or our negligence.

6.2 We are not liable for any indirect or consequential losses, including lost profits, loss of data, or loss of goodwill.

6.3 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

6.4 In the event of any product defect, our liability is limited to the purchase price of the goods.

7. Ownership & Risk

7.1 Ownership of the goods passes to you once we have received full payment for the goods and any applicable delivery charges.

7.2 The risk of loss or damage to the goods passes to you once the goods are delivered to the address you provided.

8. Your Right to Cancel and Return Goods

8.1 You have the right to cancel your order within 14 days of receiving the goods without giving any reason.

8.2 To exercise your right of cancellation, you must inform us of your decision by a clear statement (e.g., an email or letter sent to our customer service team).

8.3 If you cancel your order, we will refund the price you paid for the goods, including the cost of standard delivery, within 14 days of receiving the goods back or evidence that they have been sent back.

8.4 You must return the goods to us in a resalable condition at your own cost and risk. We recommend using a tracked service to ensure the goods are returned safely.

8.5 If the goods are faulty, damaged, or incorrectly supplied, we will bear the return shipping costs, and a replacement or full refund will be issued as per your preference.

9. Limitation of Liability

9.1 Nothing in these Terms and Conditions will limit or exclude our liability for:

• Death or personal injury caused by our negligence

• Fraud or fraudulent misrepresentation

• Any other liability that cannot be excluded or limited by law.

9.2 We are not liable for any loss or damage that results from:

• Indirect, special, or consequential losses

• Loss of income, profit, or business opportunity

• Loss or corruption of data.

9.3 Our total liability for any claim arising under these Terms and Conditions is limited to the amount paid for the goods you purchased that are the subject of the claim.

10. Force Majeure

10.1 We will not be held liable for any failure or delay in performing our obligations under these Terms and Conditions if the delay or failure is due to an event beyond our reasonable control (force majeure), such as strikes, lockouts, acts of God, or other events outside of our control.

11. Governing Law & Jurisdiction

11.1 These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales.

11.2 Any dispute or claim arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Privacy and Data Protection

12.1 We are committed to protecting your privacy and handling your personal data responsibly.

12.2 For full details on how we collect, store, and use your data, please see our Privacy Policy.

13. Intellectual Property

13.1 All content on our website, including images, text, logos, and designs, is owned by Nyx Clothing and is protected by intellectual property laws.

13.2 You may not copy, reproduce, or use any content from our website without prior written permission from us, except for the purpose of making a legitimate purchase.

14. Amendments to these Terms and Conditions

14.1 We reserve the right to make changes to these Terms and Conditions at any time. Any changes will be posted on our website, and it is your responsibility to review them regularly.

14.2 Your continued use of our website or any service after changes to these Terms and Conditions have been posted constitutes your acceptance of those changes.

15. Contact Information

15.1 If you have any questions or concerns about these Terms and Conditions, please contact us at:

• Email: info@nyxclothing.co.uk

16. Severability

16.1 If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court, the remaining provisions will continue in full force and effect.

17. Entire Agreement

17.1 These Terms and Conditions, together with any other policies or terms incorporated by reference, constitute the entire agreement between you and us regarding your use of our services and purchases of goods.