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Terms & Conditions – Shop

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1. General

a) These Terms and Conditions apply to the purchase of the goods by you (the Customer) and us “Nick Humphries” registered in England and Wales under number 09058610 whose registered office is at Rose Stud Farm, Southport Old Road, Formby, Merseyside, L37 0AW (the supplier). By using this website, you accept our terms and conditions. They do not affect your statutory rights. Please read them carefully.

b) These are the terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.

c) We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on our website.

d) These Terms and Conditions are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these Terms and Conditions.

e) Failure by us to enforce any of these Terms and Conditions will not affect our right to enforce the rest of these terms and conditions.

f) All rights, including copyright, in the text, graphics and layout of this website and in all software and software compilations are owned by, or licensed to, Nick Humphries.

g) You are not permitted, without our prior written consent, to copy, transmit, reproduce, publish, display, distribute, store, modify or adapt this website, its contents or underlying software, except for personal non-commercial use.

h) If, on receiving ordered goods, you have any cause for dissatisfaction you may return them via our Returns procedure, which is explained below.

 

2. Payment

a) Payment can be made using the payment methods specified at the payments stage using our secure online payment service provider, and shall be due before despatch of goods.  If your payment fails your order will be cancelled within 14 days, unless you contact to specify otherwise.

b) No goods will be despatched until payment has been made in full, and the funds have cleared. Please be aware if you are paying by a PayPal eCheque these may take up to two weeks to clear.

Website prices are listed in GBP (Pound Sterling) and this is the accepted payment currency.

 

3. Description and price of Goods

a) We have taken every care to describe and show all items as accurately as possible, and with accordance to the manufacturer’s specification. Despite this, a slight variation in items may occur.  Please note also, that images displayed are for illustrative purposes and may differ from the actual product.  Please note there will be variations in colours pertaining to products manufactured from natural materials (e.g Soap Stone).

No replacements will be made if a customer is dissatisfied with the colour of a soapstone product as soapstone can vary from any colour between pink and black.  If a customer wishes to return a soapstone item due to it’s colour it should be returned in line with the returns procedure and a refund in full will be given for the original item cost, no refund will be made for carriage fees involved.

No replacements will be made if a customer is dissatisfied with the colour of any product which is listed as having varying colours in the description.  If a customer wishes to return a varying colours item due to it’s colour it should be returned in line with the returns procedure and a refund in full will be given for the original item cost, no refund will be made for carriage fees involved.

We provide you with product information on the website.  If there is anything, which you do not understand, or if you wish to obtain further information, please contact the Customer Service Team via email:[email protected]

Prices on the website are in Pound Sterling and include VAT, VAT is charged at the standard rate as laid out by the British Government http://www.hmrc.gov.uk/vat/.

b) Every effort is made to ensure the prices shown on the website are accurate at the time of placing an order. If an item has been under priced in error, we will contact you and offer the following three options:

  1. Placement of a new order at the correct price of the goods;
  2. Cancellation of the whole order;
  3. Cancellation of your order for the mispriced goods and reconfirmation of your order for the correctly priced goods.

c) If you do not choose one of the three available options within 14 days, your order will be cancelled, or the under-priced item(s) will be removed from your order. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment.

d) If, within 3 working days of accepting your order, we discover that all of the items are unavailable, we will email you to request if you would like an alternative item or refund, if a refund is chosen it will be processed within 3 working days.  If we do not receive a reply within 14 working days the order will be cancelled and refunded in full.  The refund will be credited back to your original method of payment.

e) In the event of larger orders (10 items or more, or above £50)
If, within 3 days of accepting your order, we discover some, but not all of the items, are unavailable*, we will contact you and offer you the option of amending your order to substitute the unavailable item(s) with applicable alternative goods. If you do not choose a substitute alternative within 3 working days, and the unavailable items total 20% or less of the number of items ordered the unavailable item(s) will be removed from your order and we will dispatch the available goods. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment. Nick Humphries will not substitute an item without contacting you first regarding your order(s).

 

4. Customer Orders

a) We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.

b) To order goods on our website, you must be at least 18 years of age and accept delivery within the UK. All orders placed on our website will be acknowledged electronically by e-mail. Please note that verbal and/or electronic acknowledgements do not constitute order confirmation or order acceptance. Your order will be accepted and the creation of a legally binding contract between you and us will take place once the goods have been dispatched or collected. (Alternatively, we may decline all or part of your order for any reason, in which case we will inform you in-person or by telephone or e-mail).

c) We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

 

5. Prices

a) We are entitled to make adjustments to the price to take account of any increase in our suppliers’ prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been acknowledged. The total price payable will be stipulated at the time when you place your order whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order. All prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the order is placed.

b) Prices, offers and products are subject to availability and may change before (but not after) we accept your order.

c) Although we endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

d) Prices that are reduced for sales and promotions are only valid for the specified period.

 

6. Order Tracking

You can track the progress of your order at any time via PayPal

7. Delivery

a) Delivery will be made to the address specified through our checkout when you complete your order. Should you wish to change the delivery address after goods have been dispatched from our dispatch centre, we will require you to cover the delivery charges for the redirection (please note re-direction is only available for goods despatched via courier).

b) Orders are aimed to be delivered within 3-5 working days after despatch*(Excludes UK Express**). Please note a working day is any day other than weekends and Bank or other Public Holidays.

c) If the delivery of the order will be refused, or it fails due to you cancelling the contract, Nick Humphries will refund you within 30 days for any sum that has been paid by you with respect to the goods. By exercising your right to cancel, you are required to return the goods, at your own cost, to Nick Humphries. If you fail to return the goods within 14 days, we reserve the right to charge you for any costs incurred during retrieving the goods from you.

d) Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Of Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Of Our Control, we will contact you with a revised estimated delivery date. Outside of this we will deliver your order within 30 days.

e) Delivery is charged as priced on each order. Your order will usually be sent via next day delivery. Once you have placed an order it will be dispatched the same day or the next day depending on the time the order was placed. If you wish to cancel your order after it has been dispatched, you will be charged for both delivery and collection cost.

f) If you are unavailable when our delivery partner tries to deliver your order, they will usually try to deliver again the next working day or they will drop a card in to offer you a collection from a local collection point. If you should refuse delivery of goods, or are not available to accept the delivery on both delivery attempts, you will be required to cover any extra costs incurred.

*Does not include the Christmas period when Royal Mail/Courier transit times are extended beyond our control (notifications placed on main website)

**A pre-existing order cannot be upgraded to UK Express, if you wish to change the selected delivery option, please contact us in writing to cancel the existing order and place the order through the website when refunded (Same working day) Normal terms of delivery apply to the new order.

8. Availability

a) All information provided on the products on this website is intended as a guide only. Dimensions and weights are only approximate, as are colours. We have made every effort to ensure that the products are fairly described, that the product information is correct, and that the colours of our products are displayed as accurately as possible. However, as the actual colours you see will vary with the quality of your monitor, we cannot guarantee that your display will accurately reflect the colour of the product requested on delivery.

b) On occasion goods are subject to availability and delay in delivery of goods is sometimes outside of our control. As such, delivery cannot be guaranteed and any dates we specify for the delivery of the goods are approximate only. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If you are ordering goods that are out of stock we will dispatch them when they are received from our supplier.

9. Your Right to Cancel

a) You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000, during the period set out in the section below. 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 us of your decision to cancel the Contract and receive a refund.

b) However, this cancellation right does not apply to:

  • DVD’s or CD’s which have a security seal which you have opened or unsealed
  • Jewellery such as earrings and belly bars for hygiene reasons.

c) Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. You have 7 calendar days from receipt of the products in which you may cancel.

d) To cancel a Contract you must contact us in writing by sending an email to [email protected]. Or you may contact us by telephone on the number provided in our Returns Policy. Your cancellation notice is effective from the date you sent your email or contacted us by phone.

e) If goods were delivered to you, then you must return them according to our Returns Policy.

f) You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. You will not be entitled to a refund of the cost of returning the goods to us unless the goods are faulty or not as described.

g) We will process the refund due to you as soon as possible and in any case within 30 calendar days of receipt of the returned goods, if goods have been received by you.

h) If you have not received the Products, then we will refund within 30 days of the date of your notification to us of your cancellation notice as described in 8(d).

 

10. Warranty

a) All products supplied by Nick Humphries have a 6 month manufacturer’s warranty period from the date the goods were delivered (unless otherwise stated and excluding consumables). This warranty does not affect your statutory rights as a consumer.

b) Please note, the warranty does not cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use.  Consumable items, (e.g. batteries) are covered for physical defects in accordance with the terms above.  Consumable items, (e.g batteries) are not covered for replacement during ‘normal’ use.

 

11. Your Legal Rights

As a consumer, you 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 or in the rest of the Terms.

 

12. Returns Policy

a) If you the customer wants to return an item due to it arriving damaged or faulty, we will firstly ask for a photograph of the item for our stock control. In most cases we do not ask for a return and we offer a free replacement or a full refund (refund to you of the amount you paid for the item +Shipping).

b) If the item is incorrect, the procedure is the same as above, with the exception that on occasion we might need the item back and then you the customer may need to return it directly to our supplier, address to be given when needed. Again, firstly we need to be informed of this via email.

c) If you the customer have an unwanted item or items then please email us with your order details along with the reason for your return before sending. The item must be sent back in original packaging and condition.

d) A refund for the item/s will be issued upon receipt and inspection of the product, however there will be no refund for the return postage.

The items must be sent back at the customer’s expense in original packaging and condition. Please return the goods to:

Nick Humphries
Rose Stud Farm
Southport Old Road
Formby
Merseyside
L37 0AW

Email : [email protected]

b) We suggest for your own protection you use 1st class registered post.

c) Any refunds will be issued once we have received the goods, in their original condition.

d) Any goods with manufacturing faults on arrival will be replaced or refunded.

This does not affect your statutory rights.

 

13. Refund Policy

If you are eligible for a refund, we will refund you back to the method of payment you used when you originally paid for your order. The refund amount will be the total amount you have paid for the particular order or a fraction of this, depending on the nature of the fault at hand. Please note: it is your responsibility to advise us of any changes to your PayPal email address. Refunds can take up to 10 working days to process.

 

14. Liability

a) We only supply the Products for domestic and private use. If you use them for any commercial, business or re-sale purpose we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

b) We do not in any way exclude or limit our liability for:

  • Death or personal injury caused by our negligence.
  • Fraud or fraudulent misrepresentation.
  • Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
  • Any breach of the terms implied by sections 13-15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
  • Defective products under the Consumer Protection Act 1987.

c) Password and security. If you use the site, you are responsible for maintaining the confidentiality of your account and password, and also for ensuring that unauthorised access to your account is prohibited. You should take all necessary steps to ensure that your information is kept confidential to you. If you have reason to believe that this may have been compromised, please contact us immediately.

d) Damage to your computer. We make every effort to ensure that this website is free from defects or viruses. It is your responsibility to ensure that you use the correct equipment when using the website and to protect from anything that may damage it.

 

15. Law

a) These Terms and Conditions of Sale shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts. We are required by law to inform you that sales can be concluded in English only and that no public filing requirements apply.

b) These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

c) Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event Outside of Our Control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

d) All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

16. Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.