TERMS AND CONDITIONS
LAST UPDATED: 18th January, 2014
1. Contact information.
2. Terms and Conditions relating to the use of our website.
3. Terms and Conditions relating to purchase of our products.
We are Nushka Ltd. Please read these terms and conditions carefully, if you have any queries about the terms and conditions please contact us using the information below. Details of our privay policy can be found here.
1. Contact Information
Registered in England and Wales
Telephone 0208 013 3828
2. Terms and Conditions relating to the use of our website
We own and operate this website (‘Site’). Your use of the Site is subject to these Terms. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms. We may make changes to these Terms from time to time and notify you by posting the revised version on the Site. You can determine when we last changed these Terms by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms will constitute your acceptance of those changes.
We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time.
We try to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance.
The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. Where we own the the intellectual property rights, we licence them under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. If you want to use any content commercially, please email us at firstname.lastname@example.org and we will confirm whether we are willing to waive the non-commercial condition.
We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content on the Site. To the maximum extent permitted by law, we expressly exclude:
– all conditions, warranties and other terms that might otherwise be implied by law into these Terms; and
– any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Site.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. However, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
The Site provides links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk. We may collect and use information about you in accordance with our privacy and cookies policy. You can view a copy of this policy here.
3. Terms and Conditions relating to the purchase of products
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
The prices payable for goods that you order are as set out in our website. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Information about deliveries is here.
You may cancel your contract with us for the goods you order at any time up to the end of the 30th day from the date you received the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us by email.
If we have dispatched the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 14 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
We reserve the right to cancel the contract between us if:
– we have insufficient stock to deliver the goods you have ordered;
– we do not deliver to your area; or
– one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
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 by email of the problem within 30 days of the delivery of the goods in question. If you do not receive the goods ordered within 30 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 60 days of the date on which you ordered the goods. If you notify a problem to us our only obligation will be, at your option:
– to make good any shortage or non-delivery;
– to replace or repair any goods that are damaged or defective; or
– to refund to you the amount paid by you for the goods in question in whatever way we choose.
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 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.
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.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
All notices from you to us must be in writing and sent to our email address above and all notices from us to you will be displayed on our website from to time.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Our gift vouchers can be used to buy goods online at our website. All purchases are subject to these standard terms and conditions. You may use your voucher to buy any product in our range and for delivery charges or upgrades. If the goods purchased are less than value of the voucher, any balance will be left as a credit for you. If the goods purchased are more than the value of the voucher, you can top-up the payment using any of our payment methods. If you return goods you have purchased using a voucher, we will issue a replacement voucher or credit. This does not affect your statutory rights. We do not accept liability for lost or stolen vouchers. Vouchers are valid for 2 years from the date they were purchased.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part will not be affected.
You acknowledge and agree to be bound by the terms of our privacy and cookies policy which can be found here.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. These terms and conditions, together with our current website prices, delivery information, contact details and privacy and cookies policy, set out the whole of our agreement relating to the supply of the goods to you by us.