Online Terms and Conditions of Sale
The following conditions of sale for the terms of any contract for the sale of goods by the Seller. No other terms or conditions shall be incorporated in such contract except when specifically agreed in writing by the Seller. All other terms proffered by the Buyer are hereby expressly excluded.
Unless otherwise stated all prices are quoted exclusive of packing, carriage and V.A.T., which will be added at the checkout for website orders. For quotations the packing, carriage and VAT will be added. Quotations are valid for a period of 14 days. Nimlok Ltd reserve the right to amend product specifications and prices without prior notice.
Unless otherwise agreed with the Seller, payment must be made by card prior to despatch. If any goods or services are supplied on credit, the Seller reserves the right at its discretion to charge the Buyer interest on all sums due from the Buyer at a rate of 2.5% per month in respect of any month or part thereof in which such sums are outstanding after thirty (30) days from the date of the Seller’s invoice.
Any and all despatch dates quoted by the Seller are an estimate only and the Seller does not in any way warrant the delivery or ordered goods on any specific date. The Seller shall not be liable to the Buyer for any loss howsoever suffered by the Buyer by any reason of any delay in delivery. Any and all claims by the Buyer for shortages or damaged or lost goods must be notified to the Seller within 48 working hours of delivery to the Buyer. Notification of non-delivery must be made within 14 days of the invoice date/tax point on the Seller’s invoice which is the despatch date for deliveries within Great Britain and within 21 days of that date for deliveries outside Great Britain. Delivery charges quoted on the website are for UK mainland delivery only. Delivery outside this area will be price on application.
If you have ordered in error or changed your mind and wish to cancel then you must inform us by email to firstname.lastname@example.org within 14 calendar days from the date the goods were received. You then have a further 14 days to return the goods to us. Please see our returns policy for further details.
Please note that orders for bespoke items, including graphics, are exempt from the cancellation terms unless they are faulty.
For cancelled orders of standard specification hardware items are to be returned at the buyers cost. Please see cancellations term for deadlines for cancellations to be notified and returned.
The buyer has the right to make a deduction from reimbursement for loss in value of any goods supplied, if the loss is the result of damaged or missing items when returned.
Items that are manufactured to order, altered from standard specification or are custom printed can not be returned or exchanged unless they have a manufacturing default. In the event of a manufacturing defect the Buyer must report such default to the Seller at email@example.com within 48 hours of delivery.
If you return an item and are entitled to a refund then the refund will be processed within 14 days of receiving the goods back. Delivery charges will only be refunded at standard rate and only if the goods are fully returned and you are entitled to a refund.
The Seller reserves the right in its absolute discretion to vary any specification or design, and to supply goods and services which are in the sole opinion of the Seller equivalent to those offered or contracted to be sold to the Buyer. The Seller shall have the right to make a reasonable change in price in respect of any such variation or supply of an alternative to the Buyer. The Seller does not in any way guarantee that the colours advertised or represented will be the exact colour of the goods supplied. All descriptive and technical specifications, dimensions, drawings and advertising matter are approximate only and the Seller does not in any way warrant their accuracy or completeness.
All products are made for indoor use only unless explicitly identified as outdoor use.
Any failure by the Seller to enforce any of its rights under this contract shall not be taken as a waiver of any of the Seller’s rights hereunder.
8. INTELLECTUAL PROPERTY RIGHTS
The copyright and intellectual property rights in drawings, designs, specifications and ideas of the Seller shall remain the property of the Seller and such drawings, designs, specifications and ideas shall not be reproduced in whole or in part without the prior written consent of the Seller.
9. PASSING OF RISK AND PROPERTY
The risk in goods supplied will pass to the Buyer on delivery. All goods remain the property of the Seller until payment in full has been received by the Seller of all sums owed by the Buyer to the Seller at the time of delivery, whether in respect of goods then supplied or otherwise.
10. LIMITATION OF LIABILITY
Nothing in these Conditions shall limit or exclude the Company’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Deliverables Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
Subject to the above clause,
(a) the Company shall under no circumstances whatsoever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Company’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Deliverables paid in the order for which the loss arises.
11. WARRANTIES AND GAURANTEE
Subject to the below conditions the company warrants that the goods will be free of defects in material and workmanship for a period of 3 months, 1 year or 5 years (as per original specification and guarantee terms) from the date of their initial delivery. Proof of purchase date will be required.
The warranty is subject to the following conditions (a) the company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow company instructions, misuse or alteration or repair of the goods without the company’s approval (b) the company shall be under no liability under the warranty if the total price for the goods has not been paid by the due date for payment.
12. ORDERS TO BE IN WRITING
Except at the sole discretion of the Seller only orders made in writing will be accepted and acted upon.
13. APPLICABLE LAW
The applicable law to this contract is the law of England and the English Courts shall have exclusive jurisdiction in the event of any dispute.