Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 02088824315.
1. These Terms and Conditions will apply to the purchase of the Products by you (the Customer or you). We are Nicklo Ltd whose trading name is Nicklo a company registered in England and Wales under number 11412609 whose registered office is at 37 Chandos Avenue, London, N14 7ES with email address email@example.com; telephone number 02088824315; (the Nicklo or us or we).
2. These are the terms on which we sell all Products to you. By ordering any of the Products, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Products from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Products;
5. Delivery Location means the Nicklo's premises or other location where the Products are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Products means the Products advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Products from the Nicklo as submitted following the step by step process set out on the Website;
10. Website means our website www.nicklo.co.uk, including our mobile website, on which the Products are advertised.
11. The description of the Products is as set out in the Website, catalogues or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the colours, measurements, fabrics and designs of the Products supplied.
12. In the case of any Products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Products which appear on the Website are subject to availability.
14. We can make changes to the Products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Products in our website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. In the event continued inactivity causes your connection to the Website to fail, your selection of Products may be lost. In such event, you will be required to re-enter your choices. Please note that any items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
21. A Contract will be formed for the sale of Products ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Products supplied under the Contract.
22. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
23. No variation of the Contract, whether about description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Nicklo in writing.
Price and Payment
24. The price of the Products and any additional delivery or other charges is that set out on the Website at the date of the Order.
25. Prices and charges include VAT and other sales tax payable at the rate applicable at the time of the Order.
26. You must pay by selecting one of the payment methods available on our Website. We can take payment immediately or otherwise before delivery of the Products.
27. You confirm that the credit/debit card or payment method that is being used is yours and valid and that all payment details you provide to us in respect thereof are correct and accurate. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery. Furthermore, we will not be obliged to inform you of the reason for the refusal.
28. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
29. Where we issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
30. We will deliver the Products, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
31. Item availability, prices and delivery options may vary depending on the shipping destination.
32. We will only deliver to a valid shipping address provided by yourself when completing your order. Please note that we do not deliver to PO boxes. We will not be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not allowed once your order has been placed, unless it is a simple adjustment to a spelling mistake and the said changes have been requested by contacting us before you have received confirmation that your order has been shipped.
33. In any case, regardless of events beyond our control, if we do not deliver the Products on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
34. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
35. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Products or rejecting Products that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Products. If the Products have been delivered, you must return them to us at your expense.
36. If any Products form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Products or the character of the unit) you cannot cancel or reject the Order for some of those Products without also cancelling or rejecting the Order for the rest of them.
37. Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country/region for which the Products are destined. We will not be liable for any breach by you of any such laws.
38. You agree we may deliver the Products in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
39. If you or your nominee fail, through no fault of ours, to take delivery of the Products at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
40. The Products will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Products before accepting them.
Risk and Title
41. Risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you.
42. You do not own the Products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Products still owned by you, in which case you must return them.
Withdrawal, cancellation and returns
43. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
44. You can cancel the Contract except for any Products which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Products in undamaged and unused condition at your own expense. Then we must without delay refund to you the price for those Products which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Products. This Returns Right is different and separate from the Cancellation Rights below.
45. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following Products (with no others) in the following circumstances:
a. Products that are made to your specifications or are clearly personalised;
b. Products which are liable to deteriorate or expire rapidly.
46. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the Products are not being used accordingly and not being cared of by following the strict instructions on the label and/or the additional instructions provided on delivery;
Right to cancel
47. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
48. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Products. In a contract for the supply of Products over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
49. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
50. You can also electronically submit any clear statement of the Customer's decision to cancel the Contract on our website www.nicklo.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
51. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
52. Please note that you will not be entitled to cancel or return personalised or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for pierced jewellery items. This does not affect your statutory rights.
Effects of cancellation in the cancellation period
53. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Products supplied
54. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you (ie handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
55. We will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Products supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Products.
56. If no Products were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
57. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
58. If you have received Products in connection with the Contract which you have cancelled, you must send back the Products or hand them over to us at 37 Chandos Avenue, London, N14 7ES without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Products.
59. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Products to a consumer and the consumer pays or agrees to pay the price, including any contract that has both Products and services as its object.
60. We have a legal duty to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
61. Upon delivery, the Products will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
62. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
63. We can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. Nicklo will be liable for the acts of any sub-contractors who it chooses to help perform its duties. You cannot assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
Circumstances beyond the control of either party
64. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
65. Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
67. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
68. We are a Data Controller of the Personal Data we process in providing Products to you.
69. Where you supply Personal Data to us so we can provide Products to you, and we process that Personal Data in the course of providing the Products to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
70. For any enquiries or complaints regarding data privacy, you can contact team at the following e-mail address: firstname.lastname@example.org.
71. All content (including, but not limited to, logos, graphics, icons, images, photographs, audio clips, text, data compilations and any combination thereof) available on the Websites is either owned or licensed by Nicklo, and is protected by applicable copyright laws and treaties across the world. All such rights are reserved.
72. The “Nicklo” trade mark as well as all trade marks, figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Websites, accessories or packaging, whether registered or not (the "TRADE MARKS"), are and remain the exclusive property of Nicklo and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
73. The Nicklo does not limit or exclude liability for:
(i) any fraudulent act or omission;
(ii) for death or personal injury caused by negligence or breach of Nicklo's other legal obligations;
(iii) under Section 2(3) of the Consumer Protection Act 1987; or
(iv) for any other liability which cannot be limited or excluded by applicable law.
74. Subject to this, Nicklo is not liable whether in contract, in tort (including but not limited to negligence or breach of statutory duty), or otherwise arising out of these Terms for any:
(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
(ii) economic losses (eg loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings) to the Customer's business, trade, craft or profession, as Nicklo believes the Customer is not buying the Products wholly or mainly for its business, trade, craft or profession.
75. Subject to Sections 71 and 72 the total liability under these Terms and Conditions of Nicklo whether arising under contract, tort (including negligence), breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Nicklo.
76. This section (Excluding Liability) does not affect your statutory rights as a consumer.
Governing law, jurisdiction and complaints
77. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
78. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
79. We try to avoid any dispute, so we deal with complaints in the following way: If you have any questions regarding the website or these Terms, or in the unlikely event that you have any complaints about any products purchased by you from this website you can contact us at:
37 Chandos Avenue
Registered in England
Registered No: 11412609.