Terms of Service
Terms of Service1.00 General
These Terms of Service apply to the use of the website - nicholasengert.co.uk - herein referred to as the Website. By accessing the Website nicholasengert.co.uk and/or placing an order, you agree to be bound by these Terms of Service. These terms will apply to all purchases of Goods when you order via our Website - nicholasengert.co.uk - or by telephone or email direct to our office. Please read this document carefully before placing your order. By placing an order by telephone or email direct to our office, you confirm your unconditional acceptance of these Terms of Service.
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, please do not use this Website.The www.nicholasengert.co.uk Website is operated by:
2.01 We may revise these Terms of Service at any time by updating this document. You should check this Website from time to time to review the current Terms of Service, because they are binding on you. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages of this website.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 of Service after we have given notice, you should not continue to use this Website.
2.02 You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Service.
2.03 If any provision of these Terms of Service 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.
2.04 No person other than the parties to these Terms of Service are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
2.05 If you have any concerns about material on our Website, please contact us by email via the contact page.
2.06 If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.
3.00 Ordering From Us
3.01 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.
3.02 Our acceptance of an order takes place when delivery is made. When delivery has taken place the contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.
3.03. We may refuse to accept an order:
a. Where goods, services or information ordered by you 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;
e. If we do not deliver to your area.
3.04 Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
3.05 We cannot guarantee that colours in the Website are fully equivalent to the item’s actual colour. This depends partly on the colour settings of your computer and monitor. Product packaging may vary to that displayed online.
3.06 For all items made from a natural material, such as stone, fleece, fabric, leather, glass or wood, or that involve hand craftsmanship, it is not possible to guarantee the goods supplied will have the exact colour, shade and pattern or finish as shown on the Website. Please only order if you are fully confident of the finishes, sizes and colours of the product you have chosen. Samples may be available on request.
3.07 Products made from fabric, such as wash bags, cushions, tea towels etc may have a different pattern placement to that shown online, and therefore may vary from the image shown online.
3.08 When ordering fabric we recommend customers order a sample of fabric before purchasing. Images online are as accurate as possible to match the product, but computer monitors vary greatly. Samples are intended as a representation of colour and texture only, and will not show the whole design. Fabric roll batch variations can occur. If time has passed between receiving a sample and placing your order, we recommend you request a cutting from a current batch. Natural fabric will often have small slubs within the weave. This is not considered to be a fault but part of the charm of the fabric. On receiving your fabric please inspect carefully before cutting, as cut lengths cannot be returned, nor can we be held responsible for any making up costs of curtains, blinds, upholstery or any other soft furnishing item. If fabric is being sent directly to a third party, i.e. a curtain maker, we recommend that they have a sample of the fabric. It is the customers’ responsibility to check that the correct design and colour way has been received. Once cut or handed to a third party we cannot accept responsibility for any errors that may occur.
3.09 Payment is taken at the time your order is placed. We endeavour to display through this Website all items in our current range. We aim to hold stock of all styles and sizes whilst a product is active, unless stated otherwise. We list availability information for products sold by us on the Website on each product page.
3.10 In the unfortunate event that an item is out of stock you will be notified immediately via email informing you of when the item will be available. If you do not agree to the revised delivery date you have the right to cancel your order if the item is unavailable and receive a refund.
3.11 Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
3.12 Title in the goods passes to you after payment has been made and delivery has been completed.
4.00 Placing an order
4.01 You are making no obligation when viewing or browsing this Website to place an order. Users may browse our Website for free.
4.02 If you wish to purchase goods shown, you may do so by clicking 'Add to Cart'.
4.03 Once you click 'Add to Cart' the goods chosen will appear in your 'Cart'. You can view the contents of your 'cart' at any time by clicking the 'cart' icon placed in the top right hand corner of your screen.
4.04 No commitment is made when adding goods to your 'cart'. At any time prior to payment, you may delete any item in your 'cart' or amend the quantity selected.
4.05 When you have completed your selection you may click the 'checkout' button at the bottom of your 'cart'.
4.06 At the check out stage you will be asked to log into your account if you are already registered, sign up to create an account or check out as a guest. You will now be asked to enter your billing address, delivery address and contact details.
4.07 You will be asked to enter your credit or debit card details and to click “submit”. Nicholas Engert Marketing will not see, receive or have access to your credit or debit card details. These will only be viewable by the payment provider and/or your card issuer.
4.08 We use Worldpay as our merchant service provider and it is to their site that you will be directed for completion of the payment process. Worldpay process a range of credit and debit cards as indicated on the Website.
5.01 All prices and charges on the Website are shown in UK pounds sterling, and exclude the cost of delivery.
5.02 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.
5.03 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.
5.04 Our prices are reviewed regularly and may change without prior notice at any time. This may occur in the event of a change in the rate of VAT, change in supplier price, and currency rate fluctuations.
5.05 Despite our best efforts, a small number of the items on our Website may be incorrectly priced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the Website, we will contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order for a refund. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the Product.
Please refer to the Delivery Page on our Website to understand the latest details on receiving your order.
6.01 Deliveries are made between 8am and 6pm, Monday to Friday (excluding bank holidays). Saturdays and Sundays are not classed as working days.
6.02 It is your responsibility to provide the correct delivery address which includes the postcode. Loss because of an incorrect address is the customer’s responsibility. When your order leaves us for delivery, you will receive an email reporting despatch details. Please notify us at firstname.lastname@example.org within 28 days if your order has not arrived, after this time tracing a lost parcel or gaining compensation is the customer’s responsibility.
6.03 Please remember that it is your responsibility to check that the items you order can be delivered safely and will fit through doors and staircases in their packaging before you place your order. Please inform us of any parking restrictions or vehicle access problems.
6.04 All standard deliveries are to your door only and depend on your location. You may need to assist the driver with larger items.
6.05 If a parcel is returned to us due to non-collection, undeliverable due to insufficient access or for any reason that is not within our reasonable control we cannot accept responsibility and postage will be charged to re-deliver your order.
6.06 If you request your order to be left with a neighbour or in a safe place we cannot be held responsible if you fail to receive your parcel.
6.07 We will despatch goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 7 days of your order, subject to availability of stock.
6.08 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 72 hours of the delivery of the goods in question.
6.09 If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 7 days from the date on which you ordered the goods.
6.10 If you notify a problem to us under this condition, our only obligation will be, at your option:
- a. To make good any shortage or non-delivery;
- b. To replace or repair any goods that are damaged or defective; or
- c. To refund to you the amount paid by you for the goods in question in whatever way we choose.
6.11 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.10(c) above.
6.12 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.13 Notwithstanding the foregoing, nothing in these Terms of Service is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.00 International Delivery
7.01 Payment for products and delivery services is to be made in GBP (£). UK VAT is included in the price paid when delivery is made to any address within the EU.
7.02 Customs and taxes are not usually payable within the EU. However, if local customs charges are applied both inside and outside the EU customers are responsible for any local import duties and taxes or handling fees.
7.03 Nicholas Engert Marketing will not be responsible for any tax charged or cost incurred or in the event of goods being returned to us due to non-payment of duty. In such circumstances the customer will be responsible for any costs incurred by Nicholas Engert Marketing.
8.00 Cancellation Of Contracts For Goods And Returns Policy - For Consumers Only
8.01 This section applies to consumers only (and not to businesses or other organisations) who order goods.
8.02 If you wish to cancel your order:
- a. You can notify us by email to email@example.com before we have dispatched the goods to you; or
- b. Where goods have already been dispatched to you, by returning goods to us in the original packaging and in accordance with the other clauses in this section.
8.03 You can return goods you have ordered from within 30 days of receipt for a full refund or exchange providing the goods are received by us in an unused, undamaged and saleable condition and providing we are notified within seven days of receipt of goods. The costs of returning goods to us shall be borne by you. Please obtain a proof of postage from the post office for your return. Nicholas Engert Marketing cannot be held responsible for anything that gets lost or damaged in transit.
8.04 The rights to return the goods to us as referred to in clause 8.03 will not apply in the following circumstances:
- a. in the event that the product has been used or damaged
- b. to any products that we have made or customised specifically for you
8.05 The provisions of this clause do not affect your statutory rights.
8.06 Upon receipt of the goods, and after inspection, we will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us. We will refund any money received from you using the same method originally used by you to pay for your purchase.
8.07 Certain items are excluded from our returns. These items can only be returned in accordance with your legal rights. These are made to order items, bespoke items, volume orders, special orders / non-stock items, assembled flat-pack items, gift vouchers, perishable goods, sale items and cut fabric, these can only be returned if they are damaged or faulty.
8.08 On receiving your fabric please inspect carefully before cutting, cut lengths cannot be returned, nor can we be held responsible for any making up costs of curtains, blinds or upholstery. Please note natural fabric will often have small slubs within the weave. Screenprinted fabrics may also have small spots of dye within the print. This is not considered to be a fault but part of the charm of the natural fabric and printing process. Our fabrics are not mass produced, therefore each batch may differ. If time has passed between receiving a sample and placing your order, we recommend you request a cutting from a current batch.
8.09 We cannot refund any taxes, duties, charges or delivery costs which may have been paid when placing your order.
8.10 We cannot be held responsible for any interest charges made whilst waiting for your refund to process.
For more details see our Refunds Policy
9.01 You are permitted to print and download extracts from this Website for your own use on the following basis:
9.02 No documents or related graphics on this Website are modified in any way;
9.03 No graphics on this Website are used separately from accompanying text and copies.
9.04 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 of Service, any use of extracts from this Website, other than in accordance with clause 9.01 above, for any purpose is prohibited. If you breach any of the terms in these Terms of Service, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
9.05 Subject to clause 9.01, 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 (with the exception of certain social media platforms - see 9.06) without our prior written permission.
9.06 Our Website allows for the sharing of product images on social media platforms - Facebook, Twitter and Pinterest - by using the embedded links on each product page. All rights and copyright in images shared on the above social media websites are retained by Nicholas Engert Marketing.
9.07 Any rights not expressly granted in these terms are reserved.
10.00 Service Access
10.01 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.
10.02 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.
11.00 Visitor Material And Conduct
11.02 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. That is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
11.03 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).
11.04 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 11.02 or 11.03.
11.05 It is your responsibility to determine that your input into our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.
11.06 If you notice any content which breaches these conditions, please notify us by email via the contact page.
12.00 Links To And From Other Websites
12.01 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.
12.02 You may not create any links to this Website without prior permission from Nicholas Engert Marketing.
12.03 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 11.02.
13.01 To register with nicholasengert.co.uk you must be over 16 years of age.
13.02 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
13.03 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.
13.04 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.
14.01 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.
14.02 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.
15.01 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.
15.02 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.
15.03 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.
15.04 You agree, on behalf of yourself and your business entity or organisation, jointly and severally 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.
16.00 Governing Law and Jurisdiction
16.01 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 where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
16.02 We do not warrant that materials, services or information 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.
DATE - UPDATED 09 March 2017