April 29th 2015
These Terms will apply to any contract between N&S for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from this website. (Please note that by ordering any of N&S’ Products, you agree to be bound by these Terms and other documents expressly referred to in it).
Please click on the button marked “I accept” at the checkout if you accept these Terms. If you refuse to accept these Terms, you will not be able to order any Products from this website.
You should print a copy of these Terms (or save them to your computer) for future reference.
N&S amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18th January 2015.
These Terms, and any Contract between us, are only in the English language.
1. N&S’ PRODUCTS
1.1 The images of the Products on this website are for illustrative purposes only. Although N&S have made every effort to display the colours accurately, N&S cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products you receive may vary slightly from those images.
1.2 Although N&S have made every effort to be as accurate as possible, because N&S’ Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on this website have a 5% tolerance.
1.3 The packaging of the Products may vary from any shown on images on this website.
1.4 All Products shown on this website are subject to availability. N&S will inform you by e-mail as soon as possible if the Product you have ordered is not available and N&S will not process your order and will return any payment made.
2. USE OF THIS WEBSITE
Your use of this website is governed by N&S’ Terms and Conditions of Website Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
3. HOW N&S USE YOUR PERSONAL INFORMATION
4. IF YOU ARE A CONSUMER (Note - this clause 4 only applies if you are a consumer)
4.1 If you are a consumer, you may only purchase Products from this website if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website to purchase Products.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 N&S’ order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from N&S acknowledging that N&S have received your order. However, please note that this does not mean that your order has been accepted. N&S’ acceptance of your order will take place as described in clause 6.3.
6.3 N&S will confirm N&S’ acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (”Dispatch Confirmation”). The Contract between N&S will only be formed when N&S sends you the Dispatch Confirmation.
6.4 If N&S are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because an error in the price on this website as referred to in clause 11.5, N&S will inform you of this by e-mail and N&S will not process your order. If you have already paid for the Products, N&S will refund you the full amount as soon as possible.
7. N&S’ RIGHT TO VARY THESE TERMS
7.1 N&S may revise these Terms from time to time in the following circumstances:-
(a) changes in how N&S accept payment from you;
(b) changes in relevant laws and regulatory requirements, and/or
(c) events outside N&S’ control (see clause 15 below).
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever N&S revise these Terms in accordance with this clause 7, N&S will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND (Note - this clause 8 only applies if you are a consumer)
8.1 If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify N&S of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any products made to your specification or clearly personalised, so as to be notably different from any image shown on this website.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between yourself and N&S is formed. If the Products have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract please contact N&S in writing to tell N&S by sending an e-mail to firstname.lastname@example.org or by sending a letter to 2 De Vere Court, 63 Kenninghall Road, E5 8BS. You may wish to keep a copy of your cancellation notification for your own records. If you send N&S your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent N&S the e-mail or posted the letter to us.
8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. N&S will process the refund due to you as soon as possible and, in any case within 30 calendar days of the day on which you gave N&S notice of cancellation as described in clause 8.4. If you returned the Products to N&S because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to N&S under clause 8 because they are faulty or not as described, N&S will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.7 N&S refund you on the credit card or debit card used by you to pay.
8.8 If the products were delivered to you:-
(a) you must return the Products to N&S within 2 weeks.
(b) unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to N&S or, where relevant, the cost of N&S collecting the Products from you;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
9.1 Your order will be fulfilled by the estimated delivery date set out on the Dispatch Confirmation unless there is an Event Outside N&S’ Control. If N&S are unable to meet the estimated delivery date because of an Event Outside N&S’ Control, N&S will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when the Product is delivered to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once N&S have received payment in full, including all applicable delivery charges.
10. INTERNATIONAL DELIVERY
10.1 N&S deliver the UK, Europe & the Rest of the World. However there may be restrictions on some Products for certain International Delivery Destinations, so please email email@example.com for customer support.
10.2 If you order Products from this website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that N&S have no control over these charges and N&S cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. N&S will not be liable or responsible if you break any such law,
11.1 The prices of the Products will be as quoted on this website from time to time. N&S take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if N&S discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for N&S’ Products may change from time to time, but changes will not affect any order which N&S have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, N&S will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. N&S’ delivery charges are as quoted on this website from time to time. To check relevant Delivery Charges.
11.5 This website contains a large number of Products. It is always possible that, despite N&S’ best efforts some of the Products on this website may be incorrectly priced. N&S will normally check prices as part of N&S’ dispatch procedures so that:-
(a) where the Product’s correct price is less than the price stated on this website, N&S will charge the lower amount when dispatching the Products to you; and
(b) if the Product’s correct price is higher than the price stated on this website, N&S will contact you as soon as possible to inform you of this error and N&S will give you the option of continuing to purchase the Product at the correct price or cancelling your order. N&S will not process your order until N&S have your instructions. If N&S are unable to contact you using the contact details you provided during the order process, N&S will treat the order as cancelled and notify you in writing.
12.1 You can only pay for Products using PayPal or a debit card or credit card. N&S accept Mastercard and Visa.
12.2 Payment for the Products and all applicable delivery charges is in advance. N&S will not charge your debit card or credit card until N&S dispatch your order.
13. N&S WARRANTY FOR THE PRODUCTS
13.1 N&S’ Products have a warranty on delivery that they will be free from material defects for at least a period of 6 months. This warranty does not apply in the circumstances set out in clause 13.2 below.
13.2 The warranty in clause 13.1 does not apply to any defect in the Products arising from:-
(a) fair wear and tear;
(b) wilful damage, abnormal storage or condition of use, accident, negligence by you or by any third party;
(c) if you fail to wear or handle the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of N&S’ authorised repairers; or
(e) any specification provided by you.
13.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. N&S’ LIABILITY TO YOU
14.1 If N&S fail to comply with these Terms, N&S are responsible for loss or damage you suffer that is a foreseeable result of N&S’ breach of these Terms or N&S’ negligence but N&S are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of N&S’ breach or if they were contemplated by you and N&S at the time N&S entered into the Contract.
14.2 N&S only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and N&S have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 N&S do not in any way exclude or limit its liability for fraudulent misrepresentation or for death or personal injury resulting from its negligence.
15. EVENTS OUTSIDE N&S’ CONTROL
15.1 N&S will not be liable or responsible for any failure to perform, or delay in performance of any of N&S’ obligations under a Contract that is caused by an Event Outside N&S’ Control as defined below in clause 15.2.
15.2 An Event Outside N&S’ Control means any act or event beyond N&S’ reasonable control whether foreseeable or not.
15.3 If an Event Outside N&S’ Control takes place that affects the performance of N&S’ obligations under a Contract:
(a) N&S will contact you as soon as reasonably possible to notify you; and
(b) N&S’ obligations under a Contract will be suspended and the time for performance of N&S’ obligations will be extended for the duration of the Event Outside N&S’ Control. Where the Event Outside N&S’ Control affects N&S’ delivery of Products to you, N&S will arrange a new delivery date with you after the Event Outside N&S’ Control is over.
16. COMMUNICATIONS BETWEEN US
16.1 When N&S refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
(a) to cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact N&S in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to 2 De Vere Court, 63 Kenninghall Road, E5 8BS. Please note that for security and practical reasons we cannot accept any visitors at this address. You may wish to keep a copy of your cancellation notification for your own records. If you send N&S your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent N&S the e-mail or the date your letter is received by N&S.
(b) If you wish to contact N&S in writing for any other reason, you can send this to N&S by e-mail or by pre-paid post to Nagle and Sisters Limited at 2 De Vere Court, 63 Kenninghall Road, E5 8BS or email@example.com. You can always contact N&S using N&S’ Customer Services line.
16.3 If N&S have to contact you to give you notice in writing, N&S will do so by e-mail or by pre-paid post to the address you provide to N&S in your order.
16.4 If you are a business, please note that any notice given by you to us, or by N&S to you, will be deemed received and properly served immediately when posted on this website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provision of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1 N&S may transfer N&S’ rights and obligations under a Contract to another organisation, but this will not affect your rights or N&S’ obligations under these Terms. N&S will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if N&S agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of N&S’ warranty in clause 14 to the recipient of the gift without needing to ask N&S’ consent.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of N&S’ warranty at clause 14, but N&S and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If N&S fail to insist that you perform any of your obligations under these Terms, or if N&S do not enforce N&S’ rights against you, or if N&S delay in doing so, that will not mean that N&S have waived its rights against you and will not mean that you do not have to comply with those obligations. If N&S does waive a default by you, N&S will only do so in writing, and that will not mean that N&S will automatically waive any later default by you.
17.6 If you are a consumer, please note that English law governs these Terms. This means a Contract for the purchase of Products through this website and English law will govern any dispute or claim arising out of or in connection with it. You and N&S agree to that the courts of England and Wales will have non-exclusive jurisdiction.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. You and N&S agree to the exclusive jurisdiction of the courts of England and Wales.