www.nicholasmcdonald.co.uk Website terms and conditions of supply of goods.
THESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF OUR WEBSITE (“WEBSITE”).
THIS PAGE TELLS YOU INFORMATION ABOUT US AND THE LEGAL TERMS ON WHICH WE SELL ANY OF THE PRODUCTS LISTED ON OUR WEBSITE TO YOU. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS.
PLEASE READ THESE TERMS IN FULL BEFORE YOU USE THIS WEBSITE.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
The www.nicholasmcdonald.co.uk website is operated by:
Nickstar Limited, a company registered in England and Wales, whose registered office is at 3rd Floor, 20 Bedford Street, London, WC2E 9HD. Our company registration number is 08865148.
Our VAT registration number is 179926740
Our contact details are as follows:
Trading address: 34 St Andrews Gardens, Airdrie ML6 6BQ
General email: firstname.lastname@example.org
1.1 You will be able to access most areas of this Website without registering your details with us. 1.2 We may amend these Terms at any time by updating this posting. Every time you wish to make an order with us, please check these Terms to ensure you understand the terms which will apply at that time, because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website.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 after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our 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. You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement email, detailing the products you have ordered. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.2 below.
2.2 Our acceptance of an order takes place when we despatch the order. We will confirm our acceptance to you by sending you an email that confirms that your order has been dispatched (“Dispatch Confirmation”). When we despatch the order the purchase contract (“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;
(d) if you do not meet any eligibility criteria set out in our Terms; or
(e) for other reasons that may arise
We will inform you by email of our refusal to accept an order and we will not process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as possible.
3. PRICING AND PAYMENTS
3.1 All prices include VAT (where applicable) at the 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, we will adjust the VAT you pay, unless you have already paid for your order in full before the change in VAT takes effect. 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 All prices will be quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
3.3 Our Website contains a large number of items. It is always possible that, despite our reasonable efforts, some of the items on our Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the item(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
3.3 Prices may change from time to time but changes will not affect any order you have already placed.
3.4 Prices include delivery charges.
3.5 You can only pay for items using a debit card or credit card and by PayPal. We accept the following cards: Mastercard, Maestro, Visa, Visa Debit & American Express.
3.6 Payment for items and all applicable delivery charges (if at all) is in advance. Your debit card or credit card or PayPal account will be charged at the time when you make your order.
3A.1 We will contact you with an estimated delivery date, which we will use reasonable endeavours to ensure will be within 30 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order) and we will use reasonable endeavours to ensure that delivery is made to you within 3 days prior to or following the estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
3A.2 Delivery of any order shall be completed when we deliver the goods to the address you gave us and the goods will be your responsibility from that time.
3A.3 You own the goods once we have received payment in full, including all applicable delivery charges (if applicable).
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) You can email us at email@example.com or by post by registered delivery to 34 St Andrews Gardens, Airdrie ML6 6BQ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by registered post, then your cancellation is effective from the date you send us the e-mail or post the letter to us; 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 to 34 St Andrews Gardens, Airdrie ML6 6BQ in the same condition in which you received them, for any reason at any time within 14 days of receipt for a full refund or exchange. The costs and risk of returning goods to us shall be borne by you. You have a legal obligation to take reasonable care of the goods while they are in your possession and we reserve the right to seek compensation from you for any failure to comply with this obligation.
4.3 Your card or Paypal account (as applicable) will be re-credited as soon as possible provided that the goods are returned to us.
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
in the case of software, audio or visual products, where the packaging has been unsealed
The provisions of this clause 4.4 do not affect your statutory rights.
4.5 We take great care in the dispatch and packaging of our items. In the unlikely event of faults with, or damage to, the goods purchased or if you have received an incorrect order please contact us at firstname.lastname@example.org or by registered post to 34 St Andrews Gardens, Airdrie ML6 6BQ.If you have returned the goods to us because they are faulty or mis-described, we will refund the price of the goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
5.1 You are permitted to print and download extracts from this Website for your own personal 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, 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, 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.
6. SERVICE ACCESS
6.1 All reasonable measures are taken by us to ensure that this Website is operational and 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
7.2 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.
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 in any way imply that we are endorsing the services or products of another party unless this has been agreed by us in writing;
(b) you do not misrepresent your relationship with us or this Website nor present any other false information about us;
(c) the website from which you link to this 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 regulation;
(d) you do not remove, distort or otherwise alter the size or appearance of the Nicholas Mcdonald and/or Nickstar Limited logo;
(e) you do not create a frame or any other browser or border environment around this Website;
(f) you do not otherwise use any Nicholas Mcdonald and/or Nickstar Limited trade marks displayed on this Website without our express written permission; and
(g) you do not link from a website that is not owned by you.
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 successors, assigns and/or licensees may suffer or incur as a result of your breach of clause 8.2.
9.1 It is not necessary to register with us in order to use most parts of this website.
9.2 To register with www.nicholasmcdonald.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.
10.1 Whilst we take all reasonable steps to ensure that the information on this Website is up to date and accurate at all times, we do not guarantee that all material is accurate, complete and/or up to date. 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.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our successors, assigns and licensees 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 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 by you, or your use of this Website, or the use by any other person using your registration details.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an “Event Outside Our Control”. An “Event Outside Our Control” is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us in accordance with our cancellation policy as set out at clause 4. If you opt to cancel, you will have to return (at our cost) any relevant items you have already received and we will refund the price you have paid, including any delivery charges.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
13.2 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.
14.1 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms.
14.2 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
14.3 If any provision of these Terms 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.
14.4 Only the parties to these Terms may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14.5 When we refer, in these Terms to “in writing”, this will include email.
14.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.