Terms & Conditions
TERMS & CONDITIONS
Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.
You agree to purchase services and goods from Nicola Jane subject to these Terms and Conditions which will apply to all transactions using Nicolajane.com.
You must be 18 years or over and to participate in the Nicola Jane online order service.
Your email address is essential in order for us to be able to supply you with important information such as Order Confirmations, Despatch Confirmations and changes to the service. By registering with Nicolajane.com, you accept that your email address may be used to supply you with such information.
1 PURCHASE CONTRACT
1.1 This web site is operated by Nicola Jane Limited ("we", "us" or "our"). By using the Nicolajane.com website you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each or use order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.3 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years old or over in order to participate in our service.
2 PRICE AND DELIVERY CHARGES
2.1 The price of the goods will be as quoted on the web site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.2 Where applicable, prices include Value Added Tax.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4 If your order weighs more than 30kg then we reserve the right to contact you with a bespoke delivery charge.
3 METHODS OF PAYMENT
3.1 Payment may be made by debit or credit card.
3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. We 'debit' your card with the full price of your order after we have delivered your shopping to you. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery will be made to the address specified by you during the order process on the website. You have the ability to change this address with each order through the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 Some of our delivery services require a signature on receipt. It is your responsibility to ensure that an appropriate person is available at the delivery address on the delivery day. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and you will have the option to rearrange delivery or collect your order from the local Post Office sorting centre as noted on the delivery card.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
5 DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing or by phone of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1 Unless otherwise notified to you in the confirmation e-mail it is not possible to amend your order after it has placed.
6.2 In respect of non-perishable items, you have the right to cancel the contract at any time until the expiry of the 7th working day after the date of delivery of the goods by notifying us by telephone or e-mail. In the case of perishable items you do not have the right to cancel the contract. Should you wish to cancel your order after placing the order but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order.
6.3 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8.2 At the time of your registration you will set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to Nicola Jane Customer Services – you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" section.
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through Nicolajane.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Nicolajane.com website without Nicola Jane's prior written permission. Nicola Jane may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the Nicolajane.com website.
11.3 While every care has been taken to ensure the product information shown on the website is correct, products are constantly being reformulated and material content may change.
11.4 All product images used on our web site are only representative of goods on offer. Actual goods may not be exactly the same size, design or packaging. In the event that you are not happy with any goods received, you have the right to cancel your order, return the goods in good condition to us within 30 days and receive a full refund of the purchase price paid.
11.6 Although product information is regularly updated, Nicola Jane are unable to accept liability for any incorrect information.
Nicolajane.com is a trading name of Nicola Jane Limited. The registered company address for Nicola Jane Limited is Nicola Jane, Southern Gate, Terminus Road, Chichester, West Sussex, UK, PO19 8SE