Terms of service

This website and online store are operated by Fields of the Nephilim / The Nephilim Store.

These Terms and Conditions apply to your use of this website and to purchases made through The Nephilim Store. Throughout these Terms, the terms "we", "us" and "our" refer to The Nephilim Store.

Our store is hosted by Shopify, which provides the ecommerce platform that enables us to sell our products to you.

By visiting our website, using our services or purchasing something from us, you agree to be bound by these Terms and Conditions together with our Privacy Policy, Refund Policy and any other policies referred to within these Terms.

Nothing in these Terms affects your statutory rights as a consumer.

We may update these Terms from time to time. The version published on this website at the time you place your order will apply to that order.

1. OUR ONLINE STORE

You may only use our website and store for lawful purposes.

You must not use our website, products or services in any way that violates applicable laws or regulations, infringes the rights of another person, introduces malicious code or otherwise interferes with the operation or security of the website.

We reserve the right to refuse service where we reasonably believe that use of the website or store would breach these Terms or applicable law.

2. PRODUCTS

We make reasonable efforts to display and describe our products accurately.

Colours and appearance may vary depending on your device, display and settings. Images are therefore provided as a representation of the product and minor differences may occur.

Product descriptions, specifications, availability and prices may be changed from time to time.

Some merchandise may be produced in limited quantities and may become unavailable without notice.

Where sizing information is provided for clothing or other merchandise, customers should review the relevant sizing information before ordering.

3. PRODUCT AVAILABILITY

All products are subject to availability.

Occasionally an item shown as available may become unavailable before we are able to fulfil an order.

If an item you have ordered becomes unavailable, we will contact you as soon as reasonably possible. Where appropriate, we may offer an alternative product. You are not required to accept an alternative.

If we cannot supply an item for which payment has already been taken, we will refund the amount paid for that item.

We reserve the right to limit quantities of merchandise where reasonably necessary.

4. ORDERS

When you place an order, you are responsible for ensuring that all information you provide is complete and accurate, including your name, email address and delivery address.

Please check your order carefully before submitting it.

Submitting an order does not necessarily mean that we have accepted it. We reserve the right to accept or reject an order where reasonably necessary, including where:

a product is unavailable;
there is an obvious error in the price or product description;
payment cannot be authorised;
we reasonably suspect fraud or misuse of the store; or
we cannot fulfil the order for another legitimate reason.

If we reject or cancel an order after payment has been taken, the relevant payment will be refunded.

You will receive confirmation of your order electronically.

5. PRICES AND PAYMENT

Prices are displayed on the website before you place your order.

The total price payable, including applicable delivery charges and any taxes required to be included in the price, will be displayed during checkout before you complete your purchase.

Payment must be made in full before an order is dispatched.

Payments are processed securely using the payment methods made available through our Shopify checkout. Available payment methods may change from time to time and will be shown at checkout.

We do not receive or store your full payment-card details. Payment information is processed by Shopify and/or the relevant payment service provider in accordance with their applicable terms and privacy practices.

If you choose PayPal or another third-party payment service, your use of that service may also be subject to the provider's own terms and privacy policy.

Where your bank, card provider or payment provider performs currency conversion, its own exchange rates and charges may apply.

6. DELIVERY

Delivery options, charges and estimated delivery information will be shown during checkout where applicable.

Please ensure that the delivery address supplied with your order is accurate. We cannot be responsible for delays or additional costs caused by incorrect or incomplete delivery information supplied by the customer.

We will deliver goods without undue delay and, unless a different delivery period has been agreed with you, within 30 days after the contract is made.

Any delivery dates or times given are estimates unless we expressly agree otherwise.

Delays may occasionally occur because of circumstances outside our reasonable control, including postal or courier disruption, industrial action, adverse weather, customs delays or other exceptional events.

If a delivery is unsuccessful and goods are returned to us because the address supplied was incorrect, incomplete or delivery could not reasonably be completed, we may contact you regarding redelivery and any reasonable additional delivery costs.

Risk of loss or damage to goods remains with us until the goods come into your physical possession, or the physical possession of a person identified by you to receive them, except where you independently arrange a carrier that we did not offer as a delivery option.

7. INTERNATIONAL ORDERS, CUSTOMS AND IMPORT CHARGES

Orders sent outside the United Kingdom may be subject to customs procedures, import duties, taxes or other charges imposed by the destination country.

Unless stated otherwise at checkout, you are responsible for any import duties, customs charges or local taxes payable upon import.

Customs rules vary between countries. It is the customer's responsibility to check whether goods being ordered can lawfully be imported into the destination country and whether additional charges may apply.

We cannot control customs authorities or guarantee the time required for customs clearance.

If an international shipment is returned to us by customs or the delivery service, we will deal with the returned goods in accordance with applicable law and our Refund Policy. Any deduction for costs will only be made where legally permitted.

8. CANCELLATION OF ONLINE ORDERS

For most goods purchased online by consumers in the UK, you have a legal right to change your mind and cancel the contract without giving a reason.

In general, you have 14 days from the day after you receive the goods to tell us that you wish to cancel.

If an order contains multiple goods delivered on different days, the cancellation period generally runs from the day after you receive the last of those goods.

After telling us that you wish to cancel, you generally have a further 14 days to return the goods.

Certain goods may be excluded from the statutory right to cancel, including goods that are personalised or made to your specifications, sealed goods that are not suitable for return for health-protection or hygiene reasons once unsealed, and certain digital content where the statutory conditions for immediate supply have been met.

Further information about returns, cancellation and refunds is contained in our Refund Policy.

These cancellation rights are separate from your rights where goods are faulty, damaged, not as described or otherwise do not conform to the contract.

9. RETURNS AND REFUNDS

Our Return and Refund Policy forms part of these Terms and explains how to return products and request refunds.

Where you exercise a statutory right to cancel an eligible online purchase, we will provide refunds in accordance with applicable consumer law.

Unless an exception applies, customers exercising their statutory cancellation right are normally responsible for the direct cost of returning unwanted goods.

Where required by law, we will refund the standard outbound delivery charge. If you selected a more expensive delivery method than our standard delivery option, we are not required to refund the additional cost of that enhanced service.

Refunds will normally be made using the original payment method unless otherwise agreed.

Nothing in our Return and Refund Policy limits your statutory rights.

10. FAULTY, DAMAGED OR INCORRECT GOODS

Goods supplied by us must be as described, of satisfactory quality and fit for purpose where applicable.

Please contact us as soon as reasonably possible if an item arrives damaged, is faulty, is not as described or if you receive the wrong item.

Your rights in relation to faulty or non-conforming goods are governed by applicable consumer law and are not limited by any shorter return period stated elsewhere on our website.

Depending on the circumstances and your statutory rights, an appropriate remedy may include a refund, replacement or other remedy required by law.

Please contact us before returning faulty or incorrect goods so that we can provide appropriate return instructions.

11. EXCHANGES

Where we offer exchanges, for example for another clothing size, the item should be returned in an appropriate condition unless the return concerns a fault.

Exchange availability depends on stock.

Where an exchange is requested simply because a customer wishes to change size or product rather than because the goods are faulty or incorrectly supplied, the customer may be responsible for applicable return and redelivery costs.

Your statutory rights are unaffected.

12. INTELLECTUAL PROPERTY AND COPYRIGHT

Unless otherwise stated, the content of this website is owned by or used under licence by Sheerfaith / Fields of the Nephilim and is protected by applicable copyright, trademark and other intellectual-property laws.

This includes, without limitation, website text, photographs, artwork, graphics, logos, designs, sound recordings, audio-visual material, video, images and other creative material.

Content from this website must not be copied, reproduced, republished, distributed, transmitted, broadcast, commercially exploited or incorporated into another website, publication, graphic collection or other work without prior permission from the relevant rights holder, except where permitted by law.

In particular, photographs, artwork, drawings, computer-generated images and other visual material displayed on this website are not available for reproduction or republication in print or electronic media without express permission.

If you wish to reproduce or license any content from this website, please contact us in advance.

The names, logos and other marks associated with Fields of the Nephilim, The Nephilim Store and related works may also be protected by trademark or other intellectual-property rights.

Nothing in these Terms grants you ownership of, or a licence to commercially exploit, our intellectual property.

13. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites or use services provided by third parties.

Third-party websites and services are not under our control. Your use of them may be subject to separate terms and privacy policies.

We are not responsible for third-party websites merely because we provide a link to them.

You should review the relevant third party's terms and policies before entering into a transaction with them or providing them with personal information.

14. SHOPIFY

Our store is hosted by Shopify.

Shopify provides the ecommerce technology that enables us to operate the online store, but purchases made through this store are made directly from us.

Shopify is not responsible for products purchased from us or for resolving disputes between you and us.

Your use of Shopify-powered functionality may also be subject to Shopify's applicable terms and privacy arrangements.

15. PRIVACY

Your personal information is handled in accordance with our Privacy Policy.

Our Privacy Policy explains how personal information is collected, used and disclosed in connection with this website and online store, including information processed by Shopify and other service providers involved in operating the store.

Please review our Privacy Policy for further information.

16. FEEDBACK AND SUBMISSIONS

If you voluntarily send us feedback, suggestions or other material relating to the website or store, you confirm that you have the right to provide that material.

You must not submit content that is unlawful, abusive, defamatory, obscene or that infringes another person's intellectual-property or privacy rights.

Nothing in this section transfers ownership to us of material where such a transfer would not be lawful or appropriate.

17. ERRORS AND OMISSIONS

We make reasonable efforts to ensure that information displayed on the website is accurate.

Occasionally there may be typographical errors, incorrect descriptions, pricing errors, availability errors or other mistakes.

Where an obvious error affects an order, we may contact you to correct the error or, where appropriate, cancel the affected order and provide a refund.

Nothing in this section permits us to avoid our obligations under consumer law.

18. PROHIBITED USE

You must not use this website:

for unlawful or fraudulent purposes;
to infringe our rights or the rights of others;
to transmit malicious software or harmful code;
to obtain or attempt to obtain unauthorised access to systems or information;
to interfere with the security or operation of the website;
to collect personal information unlawfully;
to send spam or other unsolicited communications; or
for any other activity prohibited by applicable law.

We may restrict or terminate access to the website where reasonably necessary to protect the store, our customers or other users.

19. DISCLAIMER AND AVAILABILITY OF THE WEBSITE

We aim to keep the website and online store available and accurate, but we cannot guarantee that they will always operate without interruption or error.

We may suspend or change website functionality for maintenance, security, technical or operational reasons.

Nothing in these Terms excludes or restricts any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded or restricted under applicable consumer law.

20. LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot be excluded under applicable consumer law.

Nothing in these Terms limits your statutory rights in relation to faulty goods, goods that are not as described, or goods that we do not have the right to sell.

To the extent permitted by law, we are not responsible for losses that were not reasonably foreseeable when the contract was formed or for business losses suffered by a consumer where the purchase was made wholly or mainly for personal use.

21. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for a failure or delay in performing our obligations where that failure or delay results from circumstances outside our reasonable control.

Where such an event materially affects an order, we will take reasonable steps to minimise its effect and will contact you where appropriate.

Your statutory rights remain unaffected.

22. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.

The remaining provisions will continue to apply.

23. NO WAIVER

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

24. GOVERNING LAW

These Terms and any contract between you and us are governed by the laws applicable in England and Wales, subject to any mandatory consumer protections that apply to you.

If you are a consumer resident elsewhere in the United Kingdom or another jurisdiction, you may also benefit from mandatory rights and protections provided by the law of the country in which you live.

Nothing in these Terms is intended to deprive a consumer of mandatory legal protections.