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Terms & Conditions

Website Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms of use were last updated in April 2013

This page together with:
• our Privacy Policy; and
• Website Acceptable Use Policy;
tells you information about us and the legal terms and conditions (‘Terms’) on which we sell any of the products (‘Products’) listed on our website (‘our site’) to you.
These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in April 2013.
These Terms, and any Contract between us, are only in the English language.

1 INFORMATION ABOUT US
1.1 We operate the website http://www.nicholaskirkwood.com/. We are Nicholas Kirkwood Limited a company registered in England and Wales under company number 05087813 and with our registered office at C/O Bishop Fleming, 16 Queen Square, Bristol BS1 4NT, United Kingdom our main trading address is 5B Mount Street, London, United Kingdom W1K 3NE our VAT number is GB 991 9603 75
1.2 To contact us, please see our Contact Us page.

2 Products and Availability
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. Nicholas Kirkwood shall not be liable therefore for the eventual inadequacy of the graphic representations of Nicholas Kirkwood products displayed on the Site owing to the above mentioned technical and production issues.

2.2 You acknowledge that the products offered by us with the Service are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time, either while creating your shopping cart or after completing your order. You cannot order a product by loading your shopping cart and saving it for purchase at a later Internet session. Unless you fully complete the order procedure, the contents of your shopping cart will be lost without trace at the end of each shopping session. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind

3 USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Terms of website use and
3.3 Website Acceptable Use Policy
Please take the time to read these, as they include important terms which apply to you.

4 HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance our Privacy Policy). For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5 CONSUMER PROVISIONS
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.

7 OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 Any other reasonable circumstances.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.

8 YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a UK or European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products and/or products made to your specification or clearly personalised;
8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Producthave already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to or by sending a letter in either case headed ‘Notice of Contract Cancellation ‘to Nicholas Kirkwood, 5B Mount Street, London W1K 3NE, United Kingdom or (e-mail us at clientservices@nicholaskirkwood.com You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 [If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume less you advise us to the contrary that you have cancelled the Contract.]
8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to International Logisitcs Group, C/O Nicholas Kirkwood, Unit 2D, Gatwick Gate Industrial Estate, Lowfield Heath, Crawley, Sussex, RH11 0TG, United Kingdom. You should retain proof of sending, in case of a dispute.
8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the Distance Selling Regulations.
8.8 Product should be returned to us with their original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Product must be sent from the country that the order was delivered to.
8.9 Subject to compliance with clause 8.8 above will refund the full value of your order, including shipping costs, within 30 days of receiving your notice of contract cancellation.
8.10 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above.

9 EXCHANGING AND/OR RETURNING PRODUCT:
NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.
9.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post or e-mail only) as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition.
9.2 We may also agree to allow any Product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.
9.3 To return or exchange a product you will need to first obtain an RMA number from us. Your request must be submitted within 7 days of receipt of the goods. Once your request has ben approved and an RMA number issued, we will send to you a return label to your provided email address. You should not return any Product to us until these arrangements have been made. You may request an RMA number here.
9.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 7 days of the return label being raised. You will need to contact your local UPS depot to arrange for a pick-up. There is no charge to exchange items for a different size, however all exchanges are based on stock availability. Shipping (unless you are a customer from outside of the EU, as to which please see below clause 9.4) is also free on the replacement item.
9.5 If you have purchased Product from us from outside the EU you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority. Additionally any returns of Product from outside the EU, will incur a fee payable to us of £30 which shall be deducted by us from your credit/debit card.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this
9.9 This returns policy does not affect your legal and statutory rights.

10 PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 UK VAT is applied to all orders shipping to the EU. The prices shown on this website are inclusive of UK VAT.
10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.
11 INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of UK VAT. In checking out, if you have selected a country outside the EU to ship to the VAT will be removed from the price during the checkout process. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.3 We are unable to ship certain products outside the EU including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product will not ship outside the EU. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.

12 SHIPPING INFORMATION
12.1 Your order will be fulfilled by within one working day of receipt. If we receive your order before 16:00 London local time UK, it will be processed and shipped that same working day unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times by country can be viewed here.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we’re unable to redirect orders once they are on their way to you.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.

13 HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express.
13.2 Payment for the Products and all applicable delivery charges is in advance.
13.3 Trading Standards office.

14 OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 death or personal injury caused by our negligence;
14.6 fraud or fraudulent misrepresentation;
14.7 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.8 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.9 defective products under the Consumer Protection Act 1987.

15 EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 we will contact you as soon as reasonably possible to notify you; and
15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16 COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to clientservices@nicholaskirkwood.com or by sending a letter to Nicholas Kirkwood Limited at 5B Mount Street London, United Kingdom, W1K 3NE in either case headed ‘Notice of Contract Cancellation.’
16.4 OR please contact our Customer Services by e-mail at clientservices@nicholaskirkwood.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
16.5 If you wish to contact us in writing for any other reason, you can send this to us by e-mail at clientservices@nicholaskirkwood.com or by pre-paid post to Nicholas Kirkwood Limited at 5B Mount Street London, United Kingdom, W1K 3NE
16.6 If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order, or by phone.

17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we or you will need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.

Privacy Policy

These terms of use were last updated in April 2013

Nicholas Kirkwood Limited (“We”) are committed to protecting and respecting your privacy.
This policy (together with our “terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Nicholas Kirkwood Limited of 53 Mount Street, London W13NE] United Kingdom

INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• Information that you provide by filling in forms on our site www.nicholaskirkwood.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through our site and of the fulfilment of your orders.
• Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• Your name, age, gender and date of birth
• Your email, billing and delivery address(es), phone and fax numbers
• If you register with us, your user name and password
• If you purchase product from us your payment card details
• Your browsing history and activities
• Your shopping preferences
• Some of our processing may be undertaken by third party data processors acting on our behalf. Such third parties may also collect store and process your data. These third parties may make additional third party services available to you. We use their party supplies to help us to provide a smooth customer journey. No one able to identify and monitor an individual customers behaviour our third party suppliers are [are not] able to collect personal data to allow them to identify your personal data.
YOUR IP ADDRESSES
We do not knowingly collect information from any unsupervised person who is not an adult (ie. age 18 or over). If you are not an adult you should not submit any information about yourself unless you are acting under the supervision of an adult and have consent. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing habits, pages viewed, actions and patterns, and does not identify any individual.
COOKIES
Most internet browsers are automatically set up to accept cookies. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy

We use information held about you in the following ways:
• To ensure that content from our site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, [please tick the relevant box situated on the form on which we collect your data (the [order form OR registration form]).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
No transaction on the internet may yet be considered completely secure. We shall always take steps to protect your personal data, please however be aware the security of your data transmitted to our site cannot be guaranteed and that any transmission must be at your own risk. We will use strict procedures and security features to try to prevent unauthorised access.

How do I disable cookies and what happens if I do so?
If you disable all cookies you will not be able to purchase from us through this site. If you disable third party cookies this will not prevent you from completing your purchase. If you disable some but not all cookies you will probably experience loss of functionality.

DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Nicholas Kirkwood Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at customerservice@nicholaskirkwood.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a statutory fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to customerservice@nicholaskirkwood.com .

Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms of use were last updated in April 2013

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.nicholaskirkwood.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site or purchase any Product from it.

OTHER APPLICABLE TERMS
These terms of use refer to the following additional terms, which also apply to your use of our site:
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.
• If you purchase goods from our site, our Terms and conditions of supply will apply to any sales.

INFORMATION ABOUT US
www.nicholaskirkwood.com is a site operated by Nicholas Kirkwood Limited (“We”). We are registered in England and Wales under company number 05087813 and have our registered office at C.O Bishop Fleming, 16 Queen Square, Bristol, BS1 4NT. Our main trading address is 5B Mounted Street London United Kingdom W1K 3NE. Our VAT number is GB 991 9603 75 CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservice@nicholaskirkwood.com.

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and many other statutes. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact customerservice@nicholaskirkwood.com.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.

APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
TRADE MARKS
[“TRADE MARK 1”] and [“TRADE MARK 2”] are [UK registered] trade marks of Nicholas Kirkwood Limited
Name of Trade- Mark
Where Registered Registered Number or Other Reference

CONTACT US
To contact us, please email customerservice@nicholaskirkwood.com.
Thank you for visiting our site.

Acceptable use Policy

These terms of use were last updated on 22 April 2013
This acceptable use policy sets out the terms between you and us under which you may access our website www.nicholaskirkwood.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of website use

www.nicholaskirkwood.com is a site operated by Nicholas Kirkwood Limited (we or us). We are registered in England and Wales under company number 05087813 and we have our registered office at C/O Browne Jacobson LLP, 6 Bevis Marks, London, EC3A 7BA. Our main trading address is 5B Mount Street London United Kingdom W1K 3NE . Our VAT number is GB 991 9603 75. PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our Terms of website use
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation:
• Bulletin boards.
(interactive services).

CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Shipping information

Nicholas Kirkwood is pleased to offer shipping to the below countries at the below rates and transit times.

The recipient of the shipment is responsible for all Import Fees. With respect to each item for which Import Fees have been calculated, you authorise Nicholas Kirkwood to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.

In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorisations on behalf of the recipient designated in your order. If you refuse a shipment from Nicholas Kirkwood, you are responsible for the original shipping charges, any Import Fees that are incurred on the package, and the cost of returning the package to Nicholas Kirkwood. This amount will be deducted from your merchandise refund.

All orders will be processed and dispatched in one (1) working day. We will endeavour to dispatch orders placed before 16:00 GMT that same day.

Please contact us at clientservices@nicholaskirkwood.com should you have any questions.

Transit period and Standard Shipping rates:

UK (including Isle of Wight, Northern Ireland, Scottish Highlands) : 1-3 days £10 (Express Delivery available at a rate of £25)

Europe: 1-4 days £20

Rest of the world: 2-10 days £30

Returns

To return unwanted items please use the following steps:

1) Send an email to clientservices@nicholaskirkwood.com quoting your order number (this is supplied within your order confirmation email) and style number.

2) This should be requested within 14 days of receiving your order. Returns received outside the above time frames are accepted at the discretion of Nicholas Kirkwood. Nicholas Kirkwood also reserves the right to charge any costs of recovery of the goods received after 14 days.

3) Once your request is approved, we will send you an email to arrange a convenient date and time for a free of charge collection using our designated carrier.

4) Once this delivery has been confirmed we will send an email confirmation outlining the date of collection. This email will also contain all relevant paper work, for example the airway bill and any commercial invoices required.

5) We will notify you by email once your return has been received.

Notes

Please do not return any product until these arrangements have been made.

Please note that the product must be returned within its original packaging and in saleable condition.

Please ensure that all items are returned in a single delivery shipment.

Made To Order

Nicholas Kirkwood offers custom made to order men's and women's footwear in an array of styles and exotic materials such as alligator, crocodile, and ostrich.

Please do contact us for more information or to arrange a private consultation.

© Nicholas Kirkwood
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Our United States website will be coming soon. In the meantime, we are offering shipping to the Unites States from the United Kingdom.

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You are currently in: United States

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Please note that you will lose the contents of your shopping bag when changing sites.

The prices shown for this country are exclusive of VAT. Orders will be shipped Delivered Duty Unpaid (DDU) and as the recipient you may be liable for import duties and sales tax.
Nicholas Kirkwood is unable to provide any guidance on local import duties and sales tax.

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Nicholas Kirkwood is now shipping all United States orders domestically from New York.

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