1. These terms
2. Information about us and how to contact us
3. Use of the Site
4. Our contract with you
5. Our products
6. Your rights to make changes
7. Delivery
8. Your rights to end the Contract
9. Returns
10. Our rights to end the Contract
11. If there is a problem with the product
12. Price and payment
13. Intellectual Property
14. Links to Third Party Sites
15. Our responsibility for loss or damage suffered by you
16. How we may use your personal information
17. Complaints
18. Other important terms

Our terms

1. These terms

1.1 What these terms cover.
These are the terms and conditions on which we sell any of the products listed on our website to you, whether these are goods or services.

1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3 Amendment.
We reserve the right to amend these terms and any document referred to in these terms at any time. You are expected to check this page and its linked pages from time to time to take notice of any changes we make as they are binding on you.

 

2. Information about us and how to contact us

2.1 Who we are.
nyde.co.uk is a site operated by Nyde, a trading name of Freely Creative Limited. When you purchase our products, your contract will be with that company. We are a company registered in Great Britain, with company number 07279436. Our registered office is at 11 Laura Place, Bath, BA2 4BL.

2.2 How to contact us.
You can contact us by telephoning our customer service team or by writing to us as follows:

Opening Hours:
Monday to Friday: 08.30 – 6pm GMT
Phone: +44 (0)208 004 5657
Email: hello@nyde.co.uk

Write to us at our head office:
Nyde
256-260 Old Street
London
EC1V 9DD

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

2.3 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

 

3. Use of the site

3.1 Products.
We provide an online retail environment through our website enabling you to purchase furniture, lighting, soft furnishings, fabric, home décor and home accessories.

3.2 How to access our site.
You can access the Products in the following ways, and by website visits or mobile applications:
(a) By visiting as a guest without making a purchase (a “Guest”); or
(b) By placing an order and creating an account (a “Customer”)

3.3 How to create an account.
When you submit an order you will be prompted to create an account with us. You must be 18 years or older to create an account. If you are creating an account on behalf of a commercial entity you warrant that you have capacity to bind that entity.

3.4 Protection of account login details.
You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Products or terminate your account if we suspect an unauthorised person is attempting to access it.

3.5 Privacy.
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. You are responsible for reviewing the terms of the privacy policy. By continuing to use our site and by submitting an order you are confirming that you accept the terms of the privacy policy, as may be amended from time to time, and you are responsible for regularly reviewing the privacy policy for any changes that we reserve the right to make.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your log in details or any other such information, please contact us on +44 (0)208 004 5657 immediately.

3.6 Your obligations.
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.

You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding: (i) the information and content you or anyone using your account, submits on your behalf; and (ii) the information and content you or anyone using your account posts, transmits, publishes, or otherwise makes available through our site.

You warrant that all goods ordered by you are for your own personal and domestic use and are not for re-sale, distribution or any other commercial use of a similar nature.

You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

3.7 Your warranties.
When you visit our site and/or submit an order you warrant and represent that you:
(a) Are over 18 years old;
(b) Are using a payment card (credit or debit card) that is your own and that there are sufficient funds in your account to cover payment of the Product(s) ordered;
(c) Have provided all the information requested to submit an order;
(d) Only provided information that is truthful, complete, accurate and up to date;
(e) Will use the site in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs of the country in which you live;
(f) Are fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account.

3.8 You further warrant and represent that you will not:
(a) Access or use the site from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of Australia or of the United States of America;
(b) Impersonate or otherwise misrepresent affiliation, connection or association with, any person or entity;
(c) Provide any information including payment card details that are misleading or fraudulent;
(d) Interfere or disrupt networks connected to the site or attempt to interfere with the proper functioning of the site;
(e) Access data not intended for such user or logging into a server or account which the user is not authorised to access;
(f) Attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorisation; nor
(g) Attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing” or otherwise attempting to deny service to the site or the server of any user.

3.9 Deleting an account.
You may delete any account you have opened when submitting an order any time after any active order has been delivered. To close your account please email hello@nyde.co.uk

We reserve the right to immediately suspend or terminate your access to any of the products, without notice, for any reason (including if you fail to pay any amount due or we become aware of any breach of these terms). We also reserve the right to remove your account information or data from our products and any other records at any time at our sole discretion.

 

4. Our contract with you

4.1 Order process.
You can place orders for products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the products in that order if we accept your order. Our order processing system is completed in the following steps:
(a) You place your order with us, via the website by clicking on the “place order” button, once you have checked and agreed your order at the checkout;
(b) Your credit/debit card will be authorised when your order is placed and processed. This does not affect your statutory rights;
(c) We will then send to you an order acknowledgement email confirming the Products you have ordered – this is not an order confirmation or order acceptance from us at this stage, it is a reminder for you of what has been processed through our system. If there are any problems with this acknowledgement, please contact us as soon as possible;
(d) Your order will then be processed and shipped, subject to the availability and time periods shown on the relevant product page;
(e) After dispatch we will send you a final order confirmation email. Where our couriers have an order tracking facility we will provide that information to you;
(f) Title to any products you order on this website shall pass to you on delivery of the products, provided that we have processed and received payment in full for the products.

4.2 Before placing an order.
Before ordering from us, it is your responsibility to check and determine your full ability to receive the products ordered. This includes ensuring that the products ordered will pass freely into your room of choice, they fit in that room and are compatible with your other furnishings, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

4.3 Bespoke and made-to-order products.
By placing an order for a non-standard, customised, made-to-order or special order product with us, you are deemed to have considered the factors listed above and any others that might affect the order, and accept that you are entirely satisfied that it is the correct product for you. You will not be able to change the order once the item has been entered into production.

Please note that our usual exchange and refund policy does not apply to non-standard, customised, made-to-order or special order products, which cannot be returned or exchanged unless faulty.

4.4 How we will accept your order.
Confirmation of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. This is not a confirmation that your offer to purchase the goods has been accepted, but confirmation from us to you of your request. You will receive a second email when the order has been accepted and despatched.

4.5 If we cannot accept your order.
All orders are subject to acceptance by us. If we are unable to accept your order, or if your products are not available or subject to delay, we will inform you of this in writing as soon as possible. This might be because the manufacturer is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified, but is not limited to such circumstances. If you have already paid for the product, we will credit any payments made in full as soon as possible.

4.6 Paying for your order.
We accept online payment in an encrypted, secure environment by credit card and bank transfer. All prices quoted on our website are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. All transactions are made in GBP pounds sterling (£).

If you choose to pay via bank transfer, we will not despatch your products until we have received the cleared funds in our account.

4.7 Interest free credit.
Nyde Interest Free Credit is available when you spend £500 or more (up to a maximum purchase value of £25,000) on selected Nyde designer lighting, homeware and accessories.

(Cannot be used in conjunction with any promotions including sale items, special offers, gift vouchers or discount codes.)

The minimum repayment period is 6 months with 6 monthly repayments. Minimum borrowing £500 to maximum order value of £25,000. You may choose the deposit you wish to place, starting from 1% to 50%. Nyde Interest Free Credit acceptance is subject to status.

Repayments will be debited monthly via Direct Debit from your nominated bank account if your credit application is successful.

Freely Creative Ltd (trading as Nyde) is authorised and regulated by the Financial Conduct Authority (Firm Reference Number: 782993).

Consumer credit service is provided by Divido Financial Services Limited (‘Divido’). For more information please visit https://www.divido.com

We do not accept applications from Trade Customers or customers residing outside of the UK and Channel Islands.

4.8 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

5. Our products

5.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. We have made every effort to be as accurate as possible, but because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary slightly.

5.2 Natural materials.
For all products made from natural materials, such as leather or wood, it is not possible to guarantee the goods supplied will have the same colour, shade and pattern or finish as shown on the website, due to the inherent nature of such materials. Also, we cannot guarantee to match products exactly which have been ordered at different times.

5.3 Glass products.
For glass products, any imperfection is to be considered as a distinguishing feature of craftsman work, which makes each piece unique. Glass undergoes a thermal treatment that may cause some very slight imperfections.

5.4 Plastic products.
For some plastic products bubbles and moulding marks are part of the production process and are not to be deemed defective in any way.

5.5 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.

5.6 Making sure your measurements are accurate.
You are responsible for ensuring the items you purchase are able to fit in to the space you intend them for, or if we make a custom built item to measurements you are providing, you are responsible for ensuring that these measurements are correct. If you are unsure, we recommend you contact us for guidance before you order.

 

6. Your rights to make changes

6.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

7. Delivery

7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website, which may be subject to change. In the event of any change, you will have the right to terminate the contract with us so long as you inform us within 14 days of receiving our notification of the change in the delivery costs.

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

7.3 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.4 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not rearrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 11.2 will apply.

7.5 When you become responsible for the goods.
A product will be your responsibility from the time we deliver the product to the address you provided.

7.6 When you own goods.
You own a product which is goods once we have received payment in full.

7.7 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) Deal with technical problems or make minor technical changes;
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as requested by you or notified by us to you (see clause 6).

 

8. Your rights to end the contract

8.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail at clause 11.2 of these terms.

8.2 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of bespoke or made-to-order goods. Where you have ordered and received a non-standard, customised or made-to-order product, we cannot extend our 14 day refund policy to such items unless faulty.

 

9. Returns

9.1 Returning products after ending the contract.
If you end the contract for any reason after products have been despatched to you or you have received them, you must return them to us. You must either return the goods by posting them back to us at the below address or (if they are not suitable for posting) allow us to collect them from you.

If you are exercising your right to change your mind you must contact us within 14 days of receiving the goods to inform us you wish to end the contract. Please call customer services on +44 (0)208 004 5657 or email us at hello@nyde.co.uk. More information can be found in our Returns Policy.

The address for returns is:
Nyde, Prestige House, Radford Way, Billericay, Essex, CM12 0BZ.

9.2 When we will pay the costs of return.

We will pay the costs of return:
(a) If the products are faulty or misdescribed;
(b) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.3 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will contact you to notify you of the costs.

9.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind.

If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6 When your refund will be made.
We will make any refunds due to you as soon as possible.
If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

10. Our rights to end the contract

10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, specifications, the full address for delivery, special access requirements;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(e) you are abusive to staff members.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

11. If there is a problem with the product

11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us.
You can telephone our customer service team at +44 (0)208 004 5657 or write to us by email at hello@nyde.co.uk or by post to 256-260 Old Street, London, EC1V 9DD.

11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice Website or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespace of your product your legal rights entitle you to the following:

– Up to 30 days: if your goods are faulty, then you can get an immediate refund;
– Up to 6 months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
– Up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also Excerising your right to change your mind (Consumer Contracts Regulations 2013).

11.3 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection for rejected products. Please call our customer service team on +44 (0)208 004 5657 or write to us by email at hello@nyde.co.uk

 

12. Price and payment

12.1 Where to find the product price.
The price of the product (which includes VAT) will be the price indicated on the website order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

13. Intellectual property

13.1 All rights in the designs, intellectual property and information on our site are owned by us or licensed to us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this site for the purpose of ordering goods from us and as authorised below. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of us or our suppliers or content and technology providers or their respective owners. ALL RIGHTS RESERVED. You agree that the material and content contained within the site is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this site in any form is prohibited.

 

14. Links to third party sites

14.1 Where any of our sites contain 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

15. Our responsibility for loss or damaged suffered by you

15.1 Our liability to you.
To the maximum extent permitted by law, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
(a) Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
(b) Loss of goodwill or reputation; or
(c) Special or indirect losses;
(d) Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

15.2 Maximum liability.
Our liability to you in connection with these terms or the use of the site shall be limited as to either: (i) the price paid for any products purchased by you as Customer; or (ii) £100 if you are a Guest.

15.3 Domestic use only.
We have selected our products on the basis that they will be used for domestic use only (unless stated otherwise). If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.

Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).

In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

15.4 Exclusions.
Nothing in these terms will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us. Nothing in these terms affects your statutory rights as a consumer.

 

16. Personal information

16.1 How we will use your personal information.
We will use the personal information you provide to us:
(a) To supply the products to you;
(b) To process your payment for the products; and
(c) If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

16.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.

16.3 For further information, please refer to our Privacy Policy.

 

17. Complaints

17.1 If you have any queries about these terms, the products or if you wish to make a complaint then please contact us in writing by email to hello@nyde.co.uk or by post to: 256-260 Old Street, London, EC1V 9DD.

 

19. Other important terms

19.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

19.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

19.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer outside the UK and EU.
These terms are governed by English law and you must bring legal proceedings in respect of the products in the courts of England and Wales.