NEXT TERMS AND CONDITIONS

Scope
Welcome to nextdirect.com (the “Site”). 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 you with access to this Site 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 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 access for or use of web scraping, 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 and 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 You agree to accept responsibility for all activities that occur under your account or password. 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 sell or deliver to any individual or company, to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 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 contact you for market research purposes. Please consult our Privacy Policy for a description of our privacy practices and policies, and how we collect, use and share your personal information.

Mailing List
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 mailing list available to carefully screened companies. If you do not want your name and mailing list made available or no longer choose to receive a Next catalog or wish to alert us to duplicate mailings, please call toll-free or email us at information@nextdirect.com. Next is committed to respecting your privacy. To review our privacy policy, please visit nextdirect.com

Shipping 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 shipped from our location within 3 - 4 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.

Delivery Charge
Free shipping is available on all orders of $40 or over. Orders under $40 will be charged a flat shipping rate of $5. Next reserves the right to amend or change this shipping offer at any time, but we promise to notify you at least 14 days in advance using the email contact details you have provided to us.

Returns and refunds
Local Newgistics Returns
You can now return any unused items within 28 days of receipt for a full refund (provided the items are in a new and unused condition) via post using the Newgistics returns label enclosed in your parcel. Drop your package in the US Mail wherever it’s most convenient: at home, at work or at your local post office. If you prefer, you can arrange a USPS collection from your address (where available) by scheduling a ‘carrier pickup’ at www.ups.com. Once your return is processed, $7 will be deducted from your refund. Please allow 28 working days for your refund to process.


Postal Returns
Alternatively, if you do not wish to use the above services you can return via post using the returns lble on the reverse of the delivery note. Postage must be paid by the sender and will not be refunded by Next (this does not affect your statutory rights) All postal returns should be sent to

Next
Global Response
3580 NW 56 St
Suite 100
Ft Lauderdale
FL 33309, USA

International orders placed online cannot be returned to a Next Retail Store.

Note if you do not return the item within the time specified we may retain the item(s) and/or not refund at all or refund the current or last selling price. All cosmetics, grooming products and certain jewellery can only be returned if found to be faulty. Where a product has a security seal, a refund will not be given if the seal is broken unless it is faulty.

Next reserves the right to amend or change its returns and refunds policy at any time, so please check our Returns Information frequently.

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. We will process payment for the full amount on confirmation of your order.

Despite our best efforts, items in our catalog may be mispriced. In the event a product is listed at an incorrect price, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

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 Returns Information for details. All prices shown are cash prices in US dollars. We reserve the right to accept or reject orders at any time.

Thanksgiving Promotion
We reserve the right to end this promotion sooner than the stated date.

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. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. If a product you purchase is not as described, your sole remedy is to return it in unused condition. See Returns Information for additional information.

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 shipped 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.
You represent and warrant that if you are making online payments that

  • any credit card, debit card and bank account information you supply is true, correct and complete
  • charges incurred by you will be honored by your credit/debit card company or bank
  • you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and
  • you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

  • 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 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 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 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 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. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE OR ANY PRODUCTS SOLD BY NEXT IS THE LESSER OF (A) THE PURCHASE PRICE FOR THE PRODUCT CAUSING SUCH LIABILITY AND (B) $500 (FIVE HUNDRED DOLLARS U.S.).
    WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY NEXT ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.

    Governing Law and Jurisdiction
    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. All actions and proceedings arising out of or related to this Agreement, any products (including personal injury and product liability claims) or your use of the Site shall be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.

    Privacy and Other Policies
    Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to nextdirect.com.

    Modifications
    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.

    Recommend A Friend
    1. The incentive offer is valid for one order only. The incentive is valid until 16th July 2014.
    2. The promotion code must be entered on the payment page when checking-out at nextdirect.com.3. The voucher can only be used once. One incentive per customer only. 4. The voucher can only be used for purchases made online at nextdirect.com. It is not valid for in store or telephone transactions. 5. The incentive is only valid on orders of $40 or more (excluding shipping) with nextdirect.com. 6. If the order is returned, the $10 incentive is not refundable. 7. Offer open to US residents over 18 years old only (except employees of Next plc). 8. Next reserves the right to amend these terms and conditions and/or discontinue the incentive at any time. Your statutory rights are not affected. 9. This offer is open to US residents new to nextdirect.com, if you are an existing customer this offer is not valid.

    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.

    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.