WEBSITE
TERMS AND CONDITIONS
WELCOME TO THE Nicholas and Co Ltd WEBSITE
TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS
APPLY TO THE USE OF THIS WEBSITE AT http://www.nicholasandco.co.uk.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU
ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE
TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEBSITE.
The http://www.nicholasandco.co.uk website
is operated by:
Nicholas and Co Ltd, a company registered in England and
Wales, whose registered office is at 17 Queensway, Bognor
Regis, W Sussex, United Kingdom, PO21 1QN
Our VAT registration number is 704 6013 75
Our contact details are as follows:
Trading address:
17 Queensway,
Bognor Regis,
W Sussex,
United Kingdom,
PO21 1QN.
General email: messages@nicholasandco.co.uk
Telephone number: 01243 868887
Fax number 01243 830370
1.
INTRODUCTION
2.
ORDERING FROM US
3. PRICING
4. CANCELLATION
AND RETURNS POLICY
5. LICENCE
6. SERVICE ACCESS
7. VISITOR MATERIAL
AND CONDUCT
8. LINKS TO AND FROM
OTHER WEBSITES
9. REGISTRATION
10. DISCLAIMER
11. LIABILITY
12. GOVERNING LAW AND
JURISDICTION
13. MISCELLANEOUS
1.
INTRODUCTION
1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas
of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time
by updating this posting. You should check this Website
from time to time to review the then current terms and conditions,
because they are binding on you. Certain provisions of these
terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages of this
Website. If you do not wish to accept any new terms and
conditions after we have given notice, you should not continue
to use this Website.
2.
ORDERING FROM US
2.1 You are deemed to place an order with
us by ordering via our online checkout process. As part
of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will send
you an order acknowledgement, detailing the products you
have ordered.
2.2 Our acceptance of an order takes place when we despatch
the order. We will send you a despatch confirmation by email.
When we despatch the order the purchase contract will be
made and you will be charged, unless we have notified you
that we do not accept your order or you have cancelled your
order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
or
(d) if you do not meet any eligibility criteria set out
in our terms and conditions.
3. PRICING
3.1 All prices include VAT (where applicable)
at the current rates. We reserve the right to express the
price exclusive of VAT, but we shall show VAT separately
and include it in the total price.
3.2 Where we charge separately for packing, carriage and
insurance and other relevant charges, the appropriate rates
are set out in our specified pricing structure shown elsewhere
on this Website.
3.3 Our prices are reviewed periodically and the next review
will be on 01/01/2006.
4. CANCELLATION
AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to admin@nicholasandco.co.uk
before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by
returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any
reason at any time within 28 days of receipt for a full
refund or exchange. The costs of returning goods to us shall
be borne by you.
4.3 Upon receipt of the goods we will give you a full refund
of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to
in clause 4.3 will not apply in the following circumstances:
-
in the event that the product has been used
to any products that we have made or customised specifically
for you
The provisions of this clause 4.4 do not affect your statutory
rights.
5. LICENCE
5.1 You are permitted to print and download
extracts from this Website for your own use on the following
basis:
(a) no documents or related graphics on this Website are
modified in any way;
(b) no graphics on this Website are used separately from
accompanying text; and
(c) any of our copyright and trade mark notices and this
permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including
without limitation photographs and graphical images) are
owned by us or our licensors. For the purposes of these
terms and conditions, any use of extracts from this Website
other than in accordance with clause 5.1 above for any purpose
is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded
or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be
reproduced or stored in any other website or included in
any public or private electronic retrieval system or service
without our prior written permission.
5.4 Any rights not expressly granted in these terms are
reserved.
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6. SERVICE
ACCESS
6.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any
reason this Website is unavailable at any time or for any
period.
6.2 Access to this Website may be suspended temporarily
and without notice in the case of system failure, maintenance
or repair or for reasons beyond our control.
7. VISITOR
MATERIAL AND CONDUCT
7.1 Other than personally identifiable
information, which is covered under the Privacy
Policy, any material you transmit or post to this Website
will be considered non-confidential and non-proprietary.
We will have no obligations with respect to such material.
We and our nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for
any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or
from this Website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability,
or otherwise be contrary to the law of or infringe the rights
of any third party, in the UK or any other country in the
world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or
harmful data).
7.3 You may not misuse the Website (including, without limitation,
by hacking).
7.4 We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the
identity or locate anyone posting any material in breach
of clauses 7.2 or 7.3.
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8. LINKS
TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this
Website are provided solely for your convenience. If you
use these links, you leave this Website. We have not reviewed
all of these third party websites and do not control and
are not responsible for these websites or their content
or availability. We therefore do not endorse or make any
representations about them, or any material found there,
or any results that may be obtained from using them. If
you decide to access any of the third party websites linked
to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only
do so on the basis that you link to, but do not replicate,
the home page of this Website, and subject to the following
conditions:
(a) you do not remove, distort or otherwise alter the size
or appearance of the Nicholas and Co Ltd logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that we are endorsing any
products or services other than our own;
(d) you do not misrepresent your relationship with us nor
present any other false information about us;
(e) you do not otherwise use any Nicholas and Co Ltd trade
marks displayed on this Website without our express written
permission;
(f) you do not link from a website that is not owned by
you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted
in this clause 8.2 for breach of these terms and to take
any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage
we or any of our group companies may suffer or incur as
a result of your breach of clause 8.2.
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9. REGISTRATION
9.1 To register with http://www.nicholasandco.co.uk
you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not
permit you to share your user name and password with any
other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued
rests with you and if you know or suspect that someone else
knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately
at our reasonable discretion or if you breach any of your
obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that
the information on this Website is correct, we do not warrant
the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or
to the products and prices described in it, at any time
without notice. The material on this Website may be out
of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as
is” without any conditions, warranties or other terms
of any kind. Accordingly, to the maximum extent permitted
by law, we provide you with this Website on the basis that
we exclude all representations, warranties, conditions and
other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose
and the use of reasonable care and skill) which but for
these terms and conditions might have effect in relation
to this Website.
11. LIABILITY
11.1 We, any other party (whether or not
involved in creating, producing, maintaining or delivering
this Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount
or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money,
or loss or damages arising from or connected in any way
to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection
with the use, inability to use or the results of use of
this Website, any websites linked to this Website or the
material on such websites, including but not limited to
loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of
your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites
linked to this Website.
11.2 Nothing in these terms and conditions shall exclude
or limit our liability for (i) death or personal injury
caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in
the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us,
and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any
breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your
registration details.
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12. GOVERNING
LAW AND JURISDICTION
12.1 These terms and conditions shall
be governed by and construed in accordance with English
law. Disputes arising in connection with these terms and
conditions shall be subject to the exclusive jurisdiction
of the English courts.
12.2 We do not warrant that materials/items for sale on
the Website are appropriate or available for use outside
the United Kingdom. It is prohibited to access the Website
from territories where its contents are illegal or unlawful.
If you access this Website from locations outside the United
Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or
otherwise transfer any of your rights under these terms
and conditions
13.2 If any provision of these terms and conditions is found
by any court of competent jurisdiction to be invalid, the
invalidity of that provision will not affect the validity
of the remaining provisions which shall continue to have
full force and effect.
13.3 Only the parties to these terms and conditions may
seek to enforce them under the Contracts (Rights of Third
Parties) Act 1999.
