Terms of Service
INTRODUCTION
Please read and accept these Terms and Conditions carefully before placing an order with NEVER ANOTHER ApS. The owner and operator of this website (“www.neveranother.dk”) is
NEVER ANOTHER ApS
Ahlefeldtsgade 16, st. tv.
1359 København K
Denmark
E-mail: customercare@neveranother.dk
Phone: Christina Haxholm: +45 28402237 / Ditte Jakobsen: +45 28889826
Company registration no. (CVR no.): 43577662
Throughout these Terms and Conditions, NEVER ANOTHER ApS (“NEVER ANOTHER”, “we”, “us” or “our”) shall be referred to as “the company”, while the company’s customers shall be referred to as “the customer” (“you”, “your”).
PAYMENT, PRICING AND DISCOUNTS
Payment is taken at the time of purchase. We use PENSOPAY A/S to process MobilePay, Paypal, Apple Pay, Mastercard, Dankort, VISA/Dankort and VISA/Debit payments.
We do not store any debit/credit card information. Payment Card information is sent directly to the payment provider listed above via a secure connection (SSL). The information is approved or refused by the bank and forwarded to PENSOPAY A/S.
PENSOPAY will deduct the amount from the credit/debit card on behalf of NEVER ANOTHER instantly. You can read more about PENSOPAY’s security here: https://pensopay.com/gdpr/
The following currencies are used for transactions on our website: DKK.
The customer cannot choose the currency, and shall be responsible for any currency adjustment, conversion and/or fee charged by their financial institution or payment processor when making a payment.
All prices on our website are incl. VAT for all EU customers (and customers in Norway and Switzerland).
None of the occasional promotional codes may be combined with each other.
NEVER ANOTHER does not apply discounts retroactively. Should the customer fail to apply a promotional code, they can contact customer support within 2 days of submitting the order and expect store credit for future use equal to the amount of the discount.
PERSONAL INFORMATION
As our product is created made-to-measure, you must provide your body measurement details and shipping information to place your order.
After placing an order, we will create and store your size in our backend algorithm and database. This information is used solely for statistical purposes and improving our size algorithm.
You may always ask for all your personal information to be erased from our system.
The information provided should be true, accurate, current and complete in all respects. The personal information you enter during a purchase is used solely for order processing; it will only be disclosed to the third parties directly involved in the production of your order. In addition to personal information, we also log IP addresses and any referral links. This information is used solely for statistical purposes and to investigate cases involving abuse / fraud. All personal information is stored for up to 5 years after the financial year when the order was placed, in accordance with the Danish Bookkeeping Act, and in order to facilitate a renewed trade and for the investigation of fraud. Please find more information regarding the collection, usage, and storage of personal customer information in our Privacy Policy.
ORDERS
NEVER ANOTHER reserves the right to accept, refuse, cancel or hold any order you place with us. Once we’ve received your order, you’ll receive an order confirmation email that indicates the order number and contains information about the details of your order.
By submitting an order, the customer accepts full responsibility for having checked that all the styling options of the chosen product/s AND that the body measurements provided by the customer are correct.
Every submitted order shall be considered final. As our products are custom-made, we cannot accept any changes after an order has been submitted. In exceptional cases and at the sole discretion of the company, a change may be applied to a submitted order if requested within a few hours of its placement.
Under the Danish Consumer Contracts Act § 17, you can cancel your order before we have started the production of your ordered garments. In such a case you will receive a full refund. By submitting an order, you agree to the start of the production of your order, whereby the right of withdrawal cannot subsequently be used.
We consider production to have been started when we send the order and custom measurements to our production facility for processing, which we may do at any given time after the placement of an order.
You may always reach out to us to check if production has started, and whether you still have the option to cancel. As stated above, if production has indeed started, the right of withdrawal cannot be used.
N.B.: First-time customers placing an order of 4+ items will see their order being split into two with a test bra produced first to make sure that the ordered fit is the correct one.
DELIVERY TIME
All NEVER ANOTHER products are made to order. This means that we start producing once you have placed your order, creating zero overproduction.
Our production is sometimes, but not always, set up in production windows, which means that the production time can be up to three weeks from the placement of an order by the customer. This does not include shipping, which varies depending on the selected shipping provider, but typically takes 1 to 4 business days.
Unforeseen acts of nature beyond our control, force majeure or problems of the delivery company may cause a delay, for which NEVER ANOTHER may not be held responsible. While we aim at completing the absolute majority of orders within the timeframe stated above, the provided timeline is only an estimate for your reference and cannot be guaranteed.
Made-to-order can have unforeseen challenges. If we encounter issues with the production of your order, we aim to keep you updated at all steps.
If we, for any reason, are unable to fulfill your order within 2 months of your placing it, you will be entitled to a full refund.
SHIPPING
We ship within Denmark with Bring or GLS. In exceptional cases, we might use other courier services, than the ones stated, if that is the only viable solution.
Once the order is shipped, the customer will receive an email notification with a tracking number for the package.
All orders are shipped from within the European Union, which means that no import fees apply for customers with a delivery address in the EU.
RETURNS AND EXCHANGE
In accordance with Danish law under the Danish Consumer Contracts Act (Forbrugeraftaleloven), the consumer has, as a general rule, a right of withdrawal, cf. (§ 18). According to (§ 18, stk. 2 pt. 3), the right of withdrawal does not apply to goods that are specially produced after the specification of the consumer and which due to their nature cannot be returned.
As such, due to the nature of our custom-made products, we do not provide full returns.
We do, however, offer a full exchange service if the delivered product doesn’t match the ordered styling specifications (color, bra style, fabric etc.). We reserve the right to request the return of product(s) and provide a return label, if necessary. NEVER ANOTHER cannot take any responsibility for the correctness of the measurements submitted by the customer. The return of a product based on fabric, color or style preference is not possible.
In case a garment has been produced with a fabrication defect or with deviations more than 1.5cm per measurement, we will, by agreement with the customer, replace the garment. The customer will be asked to measure the received garment and send photos showing the defect/deviations. The customer shall reach out to the customer support team within 1 month of receiving their order.
NEVER ANOTHER will not accept return claims on the basis of sweat stains or discolouration.
Free Size Guarantee
Each customer shopping with NEVER ANOTHER is covered by the Free Size Guarantee. The guarantee is offered only once per product style.
Should the product not fit the body correctly, subject to the judgement of NEVER ANOTHER’s size expert, we shall adjust the measurements and issue a replacement free of charge.
To be eligible for a replacement, the customer shall contact our customer support within 1 month of receiving the garment, and the company will set up an online or physical fitting meeting with the customer.
The customer may be asked to measure the received garment and re-take their body measurements and share that information with our support team.
If the customer wishes to make alterations to the product due to a change in their body dimensions, the customer will not be eligible to use the Free Size Guarantee.
N.B., Many bodies change during the menstrual cycle. If your bra does not fit at the moment, consider whether this may be due to the timing in your cycle.
In case a customer has already used the guarantee once for a specific style of product, yet wishes to make further adjustments to the size, they are encouraged to contact our customer support for fit/sizing advice. However, any potential subsequent replacements of the same product style are at the sole discretion of the company.
RIGHT OF COMPLAINT
A 2-year right of complaint (reklamationsret) is given for products according to the Danish Sales Act. The right of complaint applies to all defects in software, materials and manufacturing.
Complaints regarding defects and deficiencies must be notified to NEVER ANOTHER within a reasonable time after receipt of the goods. A maximum of two months is considered a reasonable time, unless otherwise agreed. We will refund reasonable shipping costs.
The complaint is waived in the event of incorrect or unusual operation of the product.
NEVER ANOTHER covers the return costs to a reasonable extent.
When returning, please use the following address:
NEVER ANOTHER ApS
Att: Christina Haxholm
Ahlefeldtsgade 16, st. tv.
1359 København K
Denmark
customercare@neveranother.dk
RISK OF GOODS
The risk of goods purchased from NEVER ANOTHER ApS is transferred to you as a consumer at time of delivery. Risk passes therefore from NEVER ANOTHER ApS to the customer as soon as the customer has received the package (as written in Danish Sale of Goods Act § 73).
COMPLAINTS
You may send questions, comments and complaints to: dg@neveranother.dk.
If you have a complaint and we are unable to find a solution together, you will be able to use one of the following options to complain:
In Denmark:
Konkurrence- og Forbrugerstyrelsens Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby. You can submit your complaint via www.forbrug.dk.
Customers with an address in another EU country:
You can submit your complaint to the EU commission’s Online Dispute Resolution here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show