Terms & Conditions

USE OF SERVICES

Thank you for shopping at Naylor & Naylor. These terms and conditions of use (the “Terms of Use”) apply to our website (the “Website”), mobile applications, social media pages, other platforms and related services (collectively, the “Services”). The Services are provided by Naylor & Naylor, Inc. d/b/a Naylor & Naylor (“Naylor & Naylor” or “we”, “us” and similar references). Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms of Use, and you acknowledge that you have read, understood and agree to be bound by these Terms of Use, and by our shipping and delivery policy (the “Shipping and Delivery Policy”), our returns and exchange policy (the “Returns and Exchange Policy”) and our privacy policy (the “Privacy Policy”), the terms of which are all incorporated by reference into these Terms of Use. These Terms of Use apply to all users and others who access or use the Services. If you do not agree with any part of these Terms of Use or the Shipping and Delivery Policy, Returns and Exchange Policy and/or Privacy Policy, you should not use the Services.

At our sole discretion we may change, add or delete any provisions of these Terms of Use at any time. Your continued use of the Services following any such changes, additions and deletions constitutes your acceptance thereof.

By using the Services, you represent that you are at least 18 years of age and that all information, data and other materials you provide in connection with the Services are true, current and complete.

Use of the Services is void where prohibited by law.

PURCHASES

If you wish to purchase any product(s) or service(s) made available through the Services (each such purchase, a “Purchase”) you will be asked to provide certain personal information relevant to your Purchase(s), which personal information shall be subject to these Terms of Use, including our Privacy Policy.

1. Product Availability: All Naylor & Naylor products (each a “Product” and collectively, the “Products”) are bench-made in Italy in small batches. Therefore, all Products offered via the Services are subject to availability. We will notify you promptly if a particular Product is not immediately available for shipment after you have placed an order, and you may then opt to order a different Product, go on our Product waiting list (the “Product Waiting List”) until such Product is again available, or, cancel your order. Naylor & Naylor shall not be liable for any Products not in inventory or otherwise not available at the time of your order placement.

2. Product Descriptions: Naylor & Naylor uses reasonable efforts to display the Products listed for sale via the Services as accurately as possible. Naylor & Naylor does not warrant, however, that the Product descriptions or other Website content are accurate, complete, or error-free. If a Product is not as described, your sole remedy is to return the Product in accordance with the Returns and Exchange policy.

3. Product Pricing: All Products listed on the Website are priced in United States Dollars (US$), excluding taxes and shipping. We work hard to make sure that our pricing information is correct. If a Product is listed at an incorrect price due to a typographical error or otherwise, Naylor & Naylor reserves the right to not process or to cancel any orders placed for such Products.

4. Shipping and Delivery: For the Shipping and Delivery Policy, please click here or refer to such Shipping & Delivery Policy elsewhere on this Website.

5. Returns and Exchanges: For the Returns and Exchange Policy, please click here or refer to the Returns & Exchange Policy elsewhere on this Website.

INTELLECTUAL PROPERTY

1. Ownership: The Services and all content made available to you through the Services (including all intellectual property of any nature whatsoever, whether registered or not, including all text, design, graphics, logos, icons, images, video or audio clips, downloads, interfaces, codes and software are the exclusive property of and are owned by Naylor & Naylor and/or its respective licensors or content providers, and is protected by copyright, trademark and other U.S. and foreign laws. The Naylor & Naylor trademark and other Naylor & Naylor marks and logos, whether registered or not, used in connection with the Services, and the domain name “naylornaylor.com” are and will remain the exclusive property of Naylor & Naylor. Any transmission, distribution, modification, reproduction or use of the Naylor & Naylor trademark or any related marks and logos for any purpose is prohibited.

2. Limited License: Subject to these Terms of Use, Naylor & Naylor hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying via your internet browser or device only for the purpose of shopping for the Products and not for any commercial use or use on behalf of a third party, except as expressly permitted in writing in advance. Any breach of these Terms of Use or any termination of a Product order for fraud, shall, without any prior notice to you, act to immediately revoke the limited license granted to you in this Section 2 (ii).

3. Restrictions on Use of the Services: You may not use any of the Services to (a) transmit any data, text, images, files, links, software or other information, except in response to any requests for information by us of you and in connection with your authorized use of the Services; (b) introduce to the Website, our mobile applications or otherwise, any computer or website viruses, worms, Trojan-horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) misrepresent your identity or use a false email address; (e) conduct fraudulent activities; and /or (f) use any information regarding other users of the Services for any reason whatsoever.

4. Unavailability of Services: Naylor & Naylor reserves the right to suspend or discontinue the Services in whole or in part at any time and for any reason, as well as to make them temporarily unavailable for Website upgrades, maintenance or other reasons. Naylor & Naylor also reserves the right to cancel, delay, refuse to ship or recall a shipment if fraud is suspected.

5. Links: The Services may contain links to other websites, products and services that are owned and/or operated by third parties. Naylor & Naylor has no liability or responsibility for the content or availability of such websites, products or services, and you should review the terms and conditions thereof, as they may differ from these Terms of Use.

6. Disclaimers; Limitations of Liability: EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE OR AS REQUIRED BY APPLICABLE LAW, NAYLOR & NAYLOR MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT OF THE SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, AS WELL AS, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

   YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAYLOR & NAYLOR DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY REPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OR THROUGH THE SERVICES SHALL CREATE A WARRANTY OF ANY KIND.

   IN NO EVENT SHALL NAYLOR & NAYLOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUPPLIERS OR ANY THIRD PARTIES SUPPLYING INFORMATION ON OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU, ANY OTHER USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY NAYLOR & NAYLOR OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO NAYLOR & NAYLOR IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISIING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION PROVIDED BY YOU TO NAYLOR & NAYLOR. IF, NOTWITHSTANDING THE PROVISIONS OF THESE TERMS OF USE, ANY RELEASEE IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES, SUCH RELEASEE’S LIABILITY SHALL IN NO EVENT EXCEED $100.00.

   Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

7. Applicable Law; Dispute Resolution: These Terms and Conditions of Use, the Shipping & Delivery Policy, the Returns & Exchange Policy, the Privacy Policy, and the Services, and any disputes arising out of or relating to these Terms of Use, the Shipping & Delivery Policy, the Returns & Exchange Policy, the Privacy Policy, and the Services, will be governed by and construed in accordance with the laws of the State of New York. Except as otherwise expressly provided herein, any dispute or claim arising thereunder, will be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement on the award may be entered in any court having jurisdiction thereof. The place of arbitration shall be New York City, New York.

   Notwithstanding anything to the contrary herein, you or Naylor & Naylor may bring an individual action in small claims court. Further, claims of defamation, violations of the Computer Fraud and Abuse Act and infringement or misappropriation of Naylor & Naylor’s trademark, copyright or other intellectual property will not be subject to this arbitration provision. Any disputes or claims not subject to arbitration will be brought exclusively (unless such courts have no jurisdiction over the dispute or claim) in the courts located in New York City, New York. Additionally, you or Naylor & Naylor may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrators’ ruling, and you and Naylor & Naylor hereby agree to submit to the personal jurisdiction of such courts. A request of such interim measures will not be deemed a waiver of the right to arbitrate.

8. Notices: Naylor & Naylor may provide notice to you by email or any other reasonable means. You must give Naylor & Naylor notice via email at hello@naylornaylor.com or as otherwise expressly provided to you in advance in writing.

9. Miscellaneous: These Terms of Use are personal to you and you may not transfer, assign or delegate your rights and/or duties hereunder to anyone else and any attempted assignment or delegation is void. Headings used in these Terms of Use are included only for ease of reading, and have no binding effect. Any delay or failure by Naylor & Naylor to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of any such right or provision. No waiver by Naylor & Naylor will have effect unless such waiver is in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and Naylor & Naylor with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible, so as to effect the intent of the parties hereunder, and the remainder of the Terms of Use will continue in full force and effect. These Terms of Use will survive your right to use the Services for any reason.