Terms and Conditions | NRF COLLECTION

1.Terms and Conditions

1.1 – These terms and conditions govern your use of this website and the service and the products provided by N.R.F Collection. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or the service or the products provided by N.R.F Collection

1.2 – NRF cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect your statutory rights.

The term NRF Collection’ or ‘NRF’ or ‘us’ or ‘we’ or ‘the company’ refers to N.R.F Collection.
The term ‘products’ or ‘goods’ refers to any items advertised for sale or order on our website or any items for which an order is placed.
The term ‘you or ‘your’ or ‘customer’ or ‘client’ refers to the user or viewer of our website, any person or organization placing an order for any products with us, or any person or organization accepting a quote for the supply of specified products.
The term ‘writing’ refers to emails and letters exchanged between you or a customer of NRF and NRF themselves.
The term ‘design’ refers to any single specification provided by you to us, with the intention to be used as a design for manufacturability. A single change in specification or requirement constitutes a new design, including but not limited to size, dimensions, style, and color.

1.3 – NRF cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect customers' statutory rights.

2. Terms of Use

2.1 – All information and materials and its content on the pages of this website are provided on an “as is” basis for your general information and use and are not intended in any way to be comprehensive. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.

2.2 – Use of this website is governed by the following terms and conditions of use, which together with our privacy policy and disclaimer govern our relationship with you in relation to the use of this website. We reserve the right to vary these terms without notice at any time. If you disagree with any part of these terms and conditions please cease to use our website.

2.3 – We use cookies on this website to identify which pages on this website are being used. Please refer to our privacy policy for more detailed information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent

permitted by law. By continuing to use this website you are giving your express consent to accept the use of cookies.

2.4 – Your use of this website is entirely at your own risk and without liability to us. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

2.5 – Your use of this website and any dispute arising out of such use of the website is subject to the laws.

3. Copyright

3.1 – This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

3.2 – Unauthorised use of any material on this website that violates any of the conditions or any relevant copyright, trademark, and other laws could result in legal proceedings.

4. Links

4.1 - From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

5. Disclaimer

5.1 – While every effort will be made to keep this website accurate and up-to-date, no warranty of any kind, implied, expressed, or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose is given in conjunction with this website, or any information and materials within it.

6. Force Majeure

6.1 – NRF Collection reserves the right to defer the date of delivery or payment or to cancel the contract or reduce the volume of the products ordered by the customer if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Hawthorn including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

7. Orders

7.1 – NRF provides a custom manufacturing & Export service whereby we manufacture one of a kind goods and therefore refunds and returns of goods are not possible. We will accept no returns of any garments or goods for any reason; therefore we encourage clients to take care with specifications and to understand the terms and conditions of their order. By settling your sales order or invoice you agree to pay for the goods listed and understand that no refund, replacement, or compensation can be claimed for the goods once the order has been placed.

7.2 – All of our products are handmade with some mechanical elements during the production process and therefore there can be some variance in garment sizing between identical products. Therefore all sizes are estimates and are not guaranteed. Exact sizing cannot be guaranteed, and size charts should be used as a guideline only. We are not responsible in any way for any loss of earnings as a result of incorrectly ordered sizing or sizing variance. Upon placement of your order, we will discuss sizing. Please get in touch for product-specific sizing charts. If NRF is instructed to create custom sizing for your brand or your order we will create a bespoke pattern based on your requirements. In the case that there are any technical limitations within your custom sizing requirements that render them impossible to produce and we are unable to create a pattern based on them, Hawthorn reserves the right to make changes and/or adjustments in order to give the best compromise between your desired measurements and those which are technically possible. If you provide a pre-produced pattern the contents of the pattern are your responsibility. NRF is in no way responsible for any deviance of pattern or sizing or dimension when producing one-of-a-kind products, be it in the pre-production/sample stage or for bulk production.

7.3 – Clothing manufacturing involves technical elements and measurements which are subject to tolerances. Tolerances vary due to garment type and fabric composition. Therefore, although our best efforts are always made to ensure that identical garments are the same in every way, there can be small deviances in dimensions and other aspects of the garment to reflect the manufacturing tolerances.

7.4 – No order submitted by the customer shall be deemed to be accepted by NRF unless and until confirmed in writing to the customer by an authorized representative of NRF by way of a sales order or invoice being supplied to the customer.

7.5 – All orders are subject to a potential +/- 10% order quantity deviance from the original order quantity purchased due to raw material excesses/shortages and defects during production.

8. Cancellations, Refunds, and Returns

8.1 – In the unlikely event that you are not 100% satisfied with any element of the goods you receive you must notify us of your complaint within 7 days of receipt and we will assess your points on a case by case basis. At our discretion we may arrange for replacement goods to be manufactured, however, this is not guaranteed.

8.2 – No order which has been accepted by NRF may be canceled by or refunded to the customer except with the agreement in writing of NRF and on the terms that the customer shall indemnify NRF in full against all loss including loss of profit (including profit made by NRF and the customer), costs (including costs of both NRF and the customer, including the cost of all labor and materials used), damages, charges and expenses incurred by NRF as a result of cancellation. No order which is in the pre-production sampling processor in the bulk production process may be canceled by the customer.

8.3 – In the event that any order is canceled by Hawthorn or by the Customer, NRF shall not be liable for any loss of profit, loss of earnings, or damage arising from the cancellation, including loss of profit, loss of earnings or damage which is based on future sales, sales from pre-orders or statements of intent from existing or future purchasers. We are not liable for any losses, be they business or personal. If you use products we supply for any commercial, business, or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in the past, present, or future.

8.4 – Should the customer cancel an order at any stage of the order process, it shall be required that 100% of the balance of the total amount payable under the original sales order or invoice is paid.

8.5 – Hawthorn reserves the right to cancel any order at any time before the order has been delivered, on the grounds that the total original invoice value is refunded to the customer.

8.6 – Any products which are leftover and stored at premises used by NRF following the cancellation of an order for any reason or any order which is not delivered to the customer for any reason may be reused or recycled at our discretion. Methods of reuse and recycling include but are not limited to giving the products to a charity for reuse elsewhere, giving products to a charity to be deconstructed, or deconstructing the products for reuse by us or another party.

8.7 – Any items returned to NRF or any of its manufacturing facilities must be returned at the expense of the customer. Hawthorn offers no free return postage options.

8.8 – Items that are altered, amended or customized by a third party in any way, shape, or form are altered at the risk of the customer. Hawthorn will accept no liability for products that have been altered by a third party. Any items which are altered, amended, or customized by a third party will not be subject to any order cancellation, refund, or return by Hawthorn.

8.9 – Any items which are printed or relabelled by a 3rd party are done so at the risk of the customer, and NRF will accept no liability for products that have been printed or relabelled. Items which have been printed or relabelled by a 3rd party will no longer be subject to any order cancellation, refund, or return by NRF.

9. Colour match Pantone/color

9.1 – Colour match Pantone/color references must be provided for print, embroidery, and garment color matching. Colors exchanged during correspondence are only as accurate as the virtual design process allows and will vary with your display settings, software and environmental light, etc. Colour matching via an image rather than a Pantone reference cannot be guaranteed. We will do our very best to match all colors, but due to the nature of mixing inks, the variance in color between wet and dry phases of printing, environmental factors, and color conversion, we cannot guarantee a perfect match. We will not be held liable for any errors in matching color, or loss of earnings in matching color, nor will we refund goods based on color matching.

10. Pre-Production Prototypes/Samples/Experimental Goods/Development Items

10.1 – NRF offers the means to order one unit of a new design, defined by a single style/color/size of a product, at a minimum order quantity of one unit, for the purposes of clarification of new designs to be in conformance with the design specification supplied by you. Prototypes are nonrefundable in any circumstance, regardless of quantity ordered or design variation. No obligation is implied, expressed, or statutory that an order for a quantity of two or above of each design must be placed upon delivery of a Prototype. Prototypes are produced by Hawthorn International Limited for the benefit of the customer to clarify new designs before an order for a quantity of two or above is placed. No warranties or guarantees to the fit, form, function, quality, or design are applied to any Prototype order due to the nature of them being pre-production development pieces. It may be necessary to produce at the expense of the customer, further prototypes to finalize the design before the placement of an order for each design at an order quantity of two or above. For any order quantity of two or above per design, no warranties or guarantees to the fit, form, function, quality, or design are applied to any order placed for any quantity of the same design, if a prototype is not ordered for the purpose of clarification of the new design against the design specification provided by you, the customer. Standard delivery for samples and pre-production prototypes is 4-6 weeks from the placement of the order. For bulk production orders, delivery timescales are agreed on a case-by-case basis.

10.2 – Complimentary or pre-production samples, those which are offered free of charge upon placement of an order for a quantity of two or more are offered on the basis that the design is pre-production, in development, and experimental. Once you approve the sample, your order will be manufactured in the standard production time. For new designs, more than one pre-production sample may be required to fulfill the requirements of the customer. Further pre-production samples can be produced at the cost of the customer to confirm requirements.

11. Specifications and Copyright

11.1 – The customer shall be responsible to NRF Collection for ensuring the accuracy of the terms of any order including any applicable specification, and for giving NRF Collection any necessary information relating to the products before payment is completed, to enable NRF Collection to perform the contract in accordance with its terms. Any changes made to the requirements or otherwise in accordance with the original specification submitted by the customer once payment has been made and an order has been confirmed in writing may incur additional costs to the customer for the purpose of reproduction of articles already manufactured.

11.2 – The quantities and descriptions of any specification for products shall be as per those set out in the customer's order if accepted by NRF Collection.

11.3 – If the products are to be manufactured or any process is to be applied to the products by NRF Collection in accordance with a specification submitted by the customer, the customer shall indemnify NRF Collection and all representatives of NRF Collection against all loss, damages, costs, legal fees and expenses awarded against or incurred by NRF Collection in connection with or paid or agreed to be paid by NRF Collection in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which results from the production of articles as per the customer's specification.

11.4 – In the event of any claim for infringement of any patent, copyright design, trademark, or other industrial or intellectual property rights of any other person or persons or organization which results from the use of the customer's specification, NRF Collection, and its representatives and employees are indemnified. By submitting any contribution to NRF Collection, the customer is warranting that the contribution is their own original work and that the customer has full right to instruct the manufacture of the aforementioned products and articles.

12. Pricing

12.1 – Payment must be cleared in full before production commences.

12.2 – All prices quoted are valid for 30 days only or until earlier acceptance by the customer, after which time they may be altered by NRF without giving notice to the customer.

12.3 – NRF reserves the right, by giving notice to the customer at any time before delivery, to increase the price of the products to reflect any increase in the cost to NRF which is due to any factor beyond the control of NRF such as, without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, a significant increase in the costs of labor, materials, or other costs of manufacture. Additionally, any change in the delivery date, quantities, or specifications for the products which is requested by the customer or failure of the customer to give NRF adequate information or instruction may also incur an increase in price.

13. Delivery

13.1 – Any dates quoted for delivery of products are approximate only and NRF shall not be liable for any delay in delivery of Products howsoever caused. Time for delivery shall not be of the essence unless previously agreed by NRF Collection in writing. Products may be delivered by NRF Collection in advance of the quoted delivery date upon giving reasonable notice to the customer.

13.2 – Should the customer fail to take delivery of products or fail to give NRF adequate delivery instructions at the time stated for delivery then without prejudice to any right or remedy available to us, we may store products until delivery is completed and charge the customer for the reasonable cost including insurance of storage. Additionally, we may sell the products at the best price readily obtainable and upon deducting all reasonable storage and selling expenses, invoice the customer for any excess over the price obtained and invoice the customer for any shortfall below the price of the contract and invoice value.

13.3 – NRF shall not be under any obligation to pay any customs duties, fees, and/or applicable taxes on behalf of the Customer. The Customer shall pay customs duties, fees, and applicable taxes on imported shipments as required, prior to the shipment being delivered, where applicable.

13.4 – NRF cannot be held responsible for delays caused by external factors where external processes are required to complete your products. Examples of these factors may be the dying and sourcing processes for fabrics, distressing of garments, etc. If a supply chain event causes an unexpected delay we will contact you to update timeframes. Refunds due to delays where external factors are the source issue are not possible.