Terms & Conditions

Any and all agreements between you and Ninth Planet T-Shirts Limited are made on the following Terms and Conditions to the exclusion of all other terms and conditions.

1. DEFINITIONS

1.1 In this Agreement we are Ninth Planet T-Shirts Limited.

1.2 You are the person detailed on the Website Register.

1.3 Items means the goods detailed on the Order Form or any alternative items supplied to you in relation to clause 6.1.2 or clause 7, returns and exchanges.

1.4 Order means your offer to purchase Items from Ninth Planet T-Shirts Limited.

1.5 Order Form means the form completed by you online when you Order the Items (referred to on the Website as "Shopping Cart").

1.6 Website means www.ninthplanettshirts.com.

2. PLACING AN ORDER

2.1 Browse the Website and select your chosen Items.

2.2 Complete the Order Form in full and follow the instructions detailed on the Website.

2.3 After completing and submitting the Order Form, you will receive an email confirming your order, which will display an order number. No agreement exists between you and Ninth Planet T-Shirts Limited until you receive this email. At any stage before submitting the Order you may click back through the screens and amend any details you have inputted and/or choose not to continue with the Order.

3. PRICE

3.1 The price of the Items shall be the price, in pounds sterling, quoted by Ninth Planet T-Shirts Limited on the Website next to the illustration and description of the Items. In the event of a discrepancy, the price displayed on the Order Form shall prevail.

3.2 The price is exclusive of any postage and packaging costs. Delivery charges shall be as set out on the Website and will vary depending on whether the Items are to be sent to an address within the UK, outside of the UK but within the EU or outside of the EU.

3.3 Ninth Planet T-Shirts Limited reserves the right to increase prices of any goods displayed for sale on the Website and/or delivery charges from time to time. However, where the price of Items and/or delivery charges changes between Order and delivery, Ninth Planet T-Shirts Limited will honour the lower price and/or charge.

3.4 The price is inclusive of any VAT payable in the United Kingdom.

4. PAYMENT

4.1 The amount payable by you shall be the total price of the Items and the applicable delivery charges as set out at clause 3.2. The total amount payable by you in respect of the Items and delivery of them will be shown to you before you submit the Order. The acknowledgement of Order email set out at clause 2.3 will display your order number.

4.2 Payment can be made by You using any Visa, MasterCard, by Switch/Maestro, Solo, Visa Electron or Visa Delta/Debit card (UK based versions of these 2 cards accepted only), or by using Paypal. Payment will be processed on the first working day after receipt of your acknowledgement of order email, as described in 3.2

5. AVAILABILITY & DELIVERY

Where an Order is accepted, it will be processed and clauses 5.1 and 5.2 shall apply.

5.1 If the Items are in stock, they will be despatched and delivered to the address provided in the Order Form. The following delivery times shall apply in respect of any Order for Items that are accepted by Ninth Planet T-Shirts Limited:

Delivery to:

• UK - 5 working days from date of email described in clause 2.3
• Outside of UK but within Europe - 10 working days from date of email described in clause 2.3
• Outside of Europe - 15 working days from date of email described in clause 2.3

Ninth Planet T-Shirts Limited cannot be held responsible if the delivery address provided by you is incorrect.

5.2 Ninth Planet T-Shirts Limited will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 5.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 5.1 is an estimate.

6. NON-DELIVERY

6.1 If the Items have not been delivered to you 5 days after the latest date for delivery to your address as set out in clause 5.1 you should contact Ninth Planet T-Shirts Limited at info@ninthplanettshirts.com 

You will then be given the following options:

6.1.1 Cancelling your Order: We will then refund the price you paid in accordance with the Refunds and Exchange Policy; or

6.1.2 Choosing an alternative item displayed on the Website up to the same value of the Items or allowing Ninth Planet T-Shirts to send you further Items or a suitable alternative item of the same value of the Items provided that should the original Items subsequently arrive you agree to notify Ninth Planet T-Shirts Limited and to return to Ninth Planet T-Shirts Limited one set of the Items, or if you wish to keep both the original and replacement Items to authorise Ninth Planet T-Shirts Limited to debit the price of the replacement Items from the debit/credit card, the details of which you provided to Ninth Planet T-Shirts Limited when making your original order; or

6.1.3 Waiting for an agreed time period after which, if the Items are not available to you then options 6.1.1 and 6.1.2 will be available to you.

6.2 Ninth Planet T-Shirts Limited shall not be liable for any non-delivery of Items unless notice is given to Ninth Planet T-Shirts Limited within 10 working days, starting from the day after the last date for delivery, had delivery taken place in accordance with the timetable set out at clause 5.1. Such notice should be to the postal or email address set out at clause 10.10.

6.3 Any liability of Ninth Planet T-Shirts Limited for non-delivery of the Items shall be limited to replacing the Items within a reasonable time or issuing a refund in accordance with the Refund and Exchange Policy.

6.4 If for any reason (other than exercising your rights set out in the Refund and Exchange Policy to return the Items) you will not accept delivery of the Items or Ninth Planet T-Shirts Limited is unable to deliver the Items on time because you have not provided appropriate instructions, including but not limited to inputting the correct delivery address on the Register, Ninth Planet T-Shirts Limited may store the Items until delivery whereupon you will be liable for all related costs and expenses.

6.5 Where Items cannot be delivered because of the circumstances detailed in 6.4 Ninth Planet T-Shirts Limited reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.

7. RETURNS & EXCHANGES

If for any reason you are unhappy with the Items Ninth Planet T-Shirts Limited will:

• Exchange the Items for alternative Items of your choice to equal value; or
• Give you a full refund for the price you paid for the Items;

As long as:

• You notify us of your intention to return the Items to Ninth Planet T-Shirts Limited ("Notification") within 7 working days of receipt; and
• The Items are returned to Ninth Planet T-Shirts Limited within 14 days of receipt and are in their original condition, and in their original packaging (where possible) and the receipt is enclosed.
• the products being returned were not made to order or made on demand.

If you decide that you no longer wish to receive the Items before they reach you, you should contact Ninth Planet T-Shirts Limited by email at info@ninthplanettshirts.com with your instruction to cancel.

If we have already shipped the Items you will need to return the Items to us in accordance with the procedure set out above.

Where you return Items to us and you request a refund, we will:

• Issue a refund as soon as possible, and in any event within 30 days after we receive your notification.

Where you return Items to us and you request alternative Items, we will:

• Send you the alternative Items within the time periods set out at clause 5.1 of the Terms and Conditions. Please note that clauses 5.2 and 5.3 will also apply to alternative Items; or
• If the alternative Items are not available, we will advise you within 3 working days and offer you the choice between alternative Items to the same value or a refund. If you choose for the price to be refunded, the refund will be issued as soon as possible, and in any event within 30 days after we receive your notification.

Where you choose to exchange Items and the alternative Items are of a lower value, we will issue a refund of the difference between the amount of the original Items and the alternative Items as soon as possible, and in any event within 30 days after we receive your notification.

Where you choose to exchange Items and the alternative Items are of a higher value, we will advise you of the additional amount to be paid and if you choose to proceed with the Order for the alternative Items, we will debit the difference in value from the credit card details that were provided in the Order Form.

Returning Multi-Buy Discount Offer Items

If you return a single item bought as part of a multi-buy discount offer (for example "buy 2 for £20.00" or "get the lowest priced item free") you will be refunded the full price of the item less any discount given in the offer. If you return all the items purchased with the multi-buy offer discount you will be refunded with the full multi-buy value.

All refunds will be credited to the credit card used when placing payment for the order.

Where you are returning Items because the Items supplied were:

• Incorrect or
• Defective, faulty, or damaged

If your order has been damaged in transit or is faulty or incorrect, please get in touch before returning it to us. We can be reached by email at info@ninthplanettshirts.com 

Please quote your order number.

Where Ninth Planet T-Shirts Limited supplies the Items to you in good condition and you wish to return them, you will be responsible for the costs of the return postage to us.

Returned Items should be sent to the Returns Address set out below:

Ninth Planet T-Shirts Limited
22 Kingston Close

Droitwich Spa
Worcestershire

WR9 7RY

United Kingdom

When returning Items please enclose a slip with your name, postal address, email, and phone number.

Ninth Planet T-Shirts Limited is constantly looking for ways to improve its services, so it’s always helpful if you also include a brief explanation of the reasons for returning the Items.

8. RISK & PROPERTY

8.1 Risk of damage to, or loss of the Items shall pass to you upon delivery of the Items.

8.2 Ownership of the Items shall not pass to you until Ninth Planet T-Shirts Limited has received in full (in cleared funds) all sums due to it in respect of the Items and all other sums which are, or which become due to Ninth Planet T-Shirts Limited from you on any Order.

8.3 If you intend to return or exchange the Items in accordance with the Refunds and Exchange Policy, you must keep good care of the Items pending their return to Ninth Planet T-Shirts Limited.

9. LIMITATION OF LIABILITY

9.1 Ninth Planet T-Shirts Limited warrants that it has title to sell the items displayed on the Website. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any agreement between Ninth Planet T-Shirts Limited and you.

9.2 Nothing in these Terms and Conditions excludes or limits the liability of Ninth Planet T-Shirts Limited for fraudulent misrepresentation or death or personal injury caused by the negligence of Ninth Planet T-Shirts Limited or its employees.

10. GENERAL

10.1 You should read the Privacy Policy before browsing or making an Order through the Website.

10.2 If for any reason a court finds any provision of these Terms and Conditions to be invalid or unenforceable, then these Terms and Conditions shall continue in force except for those parts of the invalid or unenforceable provisions that have to be deleted to enable the remaining parts, and the other provisions, to be valid and enforceable.

10.3 Failure or delay by Ninth Planet T-Shirts Limited in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under them.

10.4 Any waiver by Ninth Planet T-Shirts Limited of, or any default under any provision of these Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other details of these Terms and Conditions.

10.5 Ninth Planet T-Shirts Limited reserves the right to defer the date of performance or cancel any agreement under these Terms and Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond Ninth Planet T-Shirts Limited’s reasonable control provided that if the event in question persists for a continuous period in excess of 30 days, you shall be entitled to give written notice to Ninth Planet T-Shirts Limited to cancel such agreement and obtain a refund of any sums paid.

10.6 Any notice required to be given to Ninth Planet T-Shirts Limited shall be in writing and sent by post to Ninth Planet T-Shirts Limited, 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom or by email to info@ninthplanettshirts.com unless otherwise notified. Any notice required to be given to you by Ninth Planet T-Shirts Limited shall be in writing and sent by post or email to the address that you provided when ordering the Items, unless otherwise notified.

10.7 You acknowledge that any agreement made with Ninth Planet T-Shirts Limited under these Terms and Conditions is exclusively between you and Ninth Planet T-Shirts Limited and it is not intended to be enforceable by any other person who is not a party to it.

10.8 These Terms and Conditions shall be governed by English law. You submit and Ninth Planet T-Shirts Limited submits to the non-exclusive jurisdiction of the English Courts.

10.9 Any agreement between you and Ninth Planet T-Shirts Limited is made under these Terms and Conditions and includes the descriptions of the Items as provided by us on our Website, the Order Form, the Refund and Exchange Policy and the Privacy Policy. Together these constitute the entire agreement and understanding of you and Ninth Planet T-Shirts Limited and supersedes any previous agreement between the parties relating to the subject matter of the agreement in question. Nothing in this clause shall operate to limit or exclude any liability for fraudulent misrepresentation.

10.10 You may contact us by post at Ninth Planet T-Shirts Limited, 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom or by email at info@ninthplanettshirts.com

10.11 You acknowledge that Ninth Planet T-Shirts Limited may update or change these Terms and Conditions from time to time.