Terms & Conditions
This page and the documents referred to on it tell you the terms and conditions on which we supply any of our goods listed on our website www.nancynicholson.co.uk to you (the “Website”). Please read these Terms and Conditions carefully before you order any Product(s). Please note that by ordering any products from the website, you are agreeing to be bound by these Terms and Conditions
General Information and Legal Statements
www.nancynicholson.co.uk is the online retail arm of the Nancy Nicholson Design
References here to “Nancy Nicholson” “we”, “us”, “our” are references to Nancy Nicholson Design. References to “Customer”, “you”, “yours” are references to the customer placing an order under the Website. A reference to “Product(s)” means product(s) ordered by you from the Website.
1 Liability to You
Nancy Nicholson Design’s total liability for any claim arising out of any order placed by way of the Website, whatever the nature of the claim, shall not exceed the price of the Product(s) supplied by us to the Customer plus any postage charges incurred, but this limitation of liability does not apply to the extent it is illegal, or it is contrary to a provision in any statute, for us to exclude our liability in whole or in part. Nancy Nicholson Design cannot accept any liability for a failure to comply with specific instructions on the Website or in any brochure issued by Nancy Nicholson Design (“Brochure”). Customers’ statutory rights are not affected by this statement.
We are not responsible to a Customer for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
2 Your status and ordering from outside the UK
By placing an order through the Website, you warrant and represent to us that you are legally capable of entering into a binding contract on behalf of the person placing the order and, if you are an individual placing the order yourself, you are at least 18 years old. Please note that if you order Product(s) to be delivered outside the UK, you are liable for any local customs or import duties that may apply and you are responsible for compliance with all other local laws to the extent that local laws are applicable.
3 Trade Descriptions Act
We make every effort to ensure that our goods are portrayed accurately on the Website but some variations in colour may occur. Many of our goods are of natural fibres and so some small distinctions in colour and/or pattern may occur. All measurements are approximate, and we cannot be held responsible for variations in colour dependent on the calibration and setting of your computer screen.
4 What happens when you place an order
When you place an order through the Website, we will send you a confirmation email. This does not mean that your order has been accepted, only that you have made an offer to buy something from us. The offer requires to be accepted by us and this will occur on despatch by us of the Product(s) and so a contract (“Contract”) between us only exists once we despatch the Product(s) and send you an invoice which will be included in the package. This confirmation is called a “Despatch Confirmation” for the purposes of these terms and conditions. The Contract will relate only to those Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate despatch Confirmation. Your credit card will be processed and charged when you place the order on the Website. This is due to short authorisation time frames from some banks and the 7-10 day lead time for personalised items. All items in stock will be despatched within 1 working day of order receipt.
5 Your right to cancel as a consumer
If you are contracting as a consumer, you are entitled to a specific cooling-off period by law and therefore you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product(s) from us. In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (set out in clause 16 below). To cancel a Contract in this way, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
All prices quoted on the Website include delivery costs. Prices are as quoted on the Website but are liable to change. Any changes will be confirmed to you at the time of ordering. While we check carefully to make sure the right price is shown, if a price shown is an obvious error (and would have reasonably been recognised by you as a mis-pricing), then we are not liable to sell you the Product(s) at that price. Please check with us and we will verify the correct price.
7 Risk, title and availability
The Product(s) will be at your risk from the time of delivery.
Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges. All items are subject to availability. We will tell you as soon as possible if the Product(s) you want are not available. We will also tell you if or when we can get it for you.
Safety and Security of your information
a. You are able to browse the Website freely but once you have decided to make an order, we will require some information from you, namely your name, address, telephone number, email address and your credit/debit card details. This information is necessary for us to process your order, send you your Product(s) and let you know of any problems. Your credit card details will not be stored in our system and all the information you give will be treated as private and confidential. Our site uses secure software to protect your information whenever you place your order or access your account, in accordance with current UK data protection guidelines. Whenever you place your order or access your account, the information you input is encrypted before it is sent to us to reduce the risk of it being intercepted, and to protect the information we hold about you from unauthorised access. Third party opt-in
b. We will never give your email to third parties but we might make news of them available to you.
Security of your information and data protection
c. Our site uses secure software to protect your information whenever you place your order or access your account, in accordance with current UK data protection guidelines. Whenever you place your order or access your account, the information you input is encrypted before it is sent to us to reduce the risk of it being intercepted, and to protect the information we hold about you from unauthorised access.
d. We will not collect any personally-identifiable information about you (that is, your name, address, telephone number or email address) (“personal data”) unless you provide it to us voluntarily. If you do not want your personal data collected, please do not submit it.
e. By using the Website, you consent to us collecting, processing and using personal information to administer and deal with your orders and your Account.
f. Where the Website contains links to other websites, Nancy Nicholson Design is not responsible in any way for the content or privacy practices of those websites.
9 Written communications and notices
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. All notices given by you must be given to Nancy Nicholson Design at Barnshill Cottage, Thornden Lane, Rolvenden Layne, Cranbrook, Kent or electronically to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or two 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 email, that such email was sent to the specified email address of the Customer or addressee.
10 Transfer of Rights
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11 Force Majeure (events outside our control)
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 events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and (e) impossibility of the use of public or private telecommunications networks. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12 Our right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business and our goods, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case, it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the despatch Confirmation. In the latter case, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s).
13 Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in communications between us prior to such Contract except as expressly stated in these terms and conditions.
14 Jurisdiction and Law
The Website, its content and any contract brought about through use of the Website will be governed by English law and the English courts shall have jurisdiction.
We make every effort at Nancy Nicholson Design to ensure your purchase gets to you quickly, safely and in the most cost effective way.
If your gift is to be delivered straight to the baby gift recipient, please advise of the recipient name and delivery address at the checkout ensuring that all details are correct. If you’ve entered a different delivery address to the billing address, all prices will automatically be omitted from the despatch note assuming it is gift appropriate. If you would still like an invoice, please email us at firstname.lastname@example.org directly to arrange this.
All of our gifts are sent out by either Royal Mail Second Class or by My Hermes Courier unless a First Class service is selected. You should receive your purchase within 3-5 working days.
a. We endeavor to offer you the best customer service possible, products will normally be despatched within 1-3 working days .
If you need your delivery as a priority, we can use a Royal Mail 1st Class or special delivery service and will despatch the same day where an order is received by 3pm during weekdays and 11am on a Saturday. Royal Mail 1st Class is a 1-2 day service but in the majority of cases you will receive your order the next working day. Please call or e-mail us, we are happy to discuss your requirements.
16 Cancellation, Returns and Exchange Policy
We constantly strive to ensure that the products we supply are of the highest possible quality. However if for any reason, you are not entirely satisfied with your gift purchase, we are happy to exchange or refund items that are sent back to us within 28 days. All we ask is that you return items in a saleable condition, unworn, with the original packaging and labeling intact. Please note, a refund or exchange will not be issued for items that fail to meet these standards.
Although we would love to be able to do so, we cannot refund shipping and or delivery charges for returns or exchanges unless the goods are faulty. We hope to be able to offer this in the future but as a small family run business, this is not currently feasible. All items purchased on Nancy Nicholson Design website must be returned to our head office at the responsibility of the sender.
Please ensure you retain proof of postage until we have confirmed receipt of your returned items.
a. If you wish to cancel your order, please email us at email@example.com as soon as possible. Where we receive notification of a cancellation before we have despatched your goods to you; we will give you a full refund of the amount paid or an exchange product as required. In the event that the product has already been despatched, this will be treated as a return item.
b. If you change your mind about a purchase, please return the unused goods to us within 28 days and we will offer you an exchange or full refund excluding delivery costs.
We require that you return the new and unused goods to us with all the original packaging and labeling in a saleable condition. We are unable to refund or exchange items that fail to meet these standards. In the event that the product has been used or damaged by you in any way, the rights to return the goods to us will not apply. All items are quality checked before despatch to you.
c. All exchange enquiries can be made by phone or by firstname.lastname@example.org to confirm your exchange choice. Exchanged items will be reserved for you and despatched after the returned goods have been received and undergone a quality control check. Regrettably we cannot offer free returns or exchange at this stage and shipping costs will be the responsibility of the customer.
Damaged or Faulty Goods
d. If your item is faulty or damaged, please email@example.com immediately. We will replace the item, reimbursing the return delivery charges and send the replacement free of charge as soon as we have received the faulty goods back. We will use a next day delivery service for the replacement, should you need your purchase urgently.
We can assure you all items are despatched in perfect condition and undergo a quality check before despatch. If a product has been damaged in transit, we would appreciate it if you could take a photo of the goods as you received them, to assist us in addressing the issue with the courier.
How to Proceed with your Return or Exchange
e. Nancy Nicholson Design are happy to both exchange items and refund if you are not satisfied with your order within 28 days of delivery.
It is recommended all items be returned via a recorded delivery service, this is to ensure safe delivery to us as unfortunately Nancy Nicholson Design cannot take any responsibility for returned items lost in transit and we can only deal with a refund or exchange on receipt of the original goods.
It is important that return items be sent back to us in the same perfect condition they were received in and with all labels attached. We reserve the right to refuse a return/exchange if the goods are not returned in the original condition.
Nancy Nicholson Design