Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Please note that by ordering Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. Nikki Saunders provides you with access to and use of the Site subject to your compliance with the Terms. These Terms, and any Contract between us, are only in the English language.
1. Information About Us
1.1 We operate the website www.nikkisaunders.co.uk. If you would like to get in touch with us, please visit our contact page or email us at art@nikkisaunders.co.uk.
1.2 All Products and images are subject to copyright law are owned by Nikki Saunders, and must not be reproduced or used in anyway.
2. The Products
2.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours will accurately reflect the colour of the Products.
2.2 The packaging of the Products may vary from product to product.
3. HOW WE USE YOUR PERSONAL INFORMATION
3.1 We only use your personal information in accordance with our Privacy Policy which is detailed on our website. Please take the time to read through our Privacy Policy, as it includes important terms which apply to you.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
4.2 All Products shown on our Site are subject to availability. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. When you place an order for a Product, we will require your payment details in order to pre-authorise payment with your bank, but your payment will not be charged until we have confirmed availability of the Product to you. Product availability will be confirmed to you within 7 days (“Order Confirmation”). Once you have our Order Confirmation, a binding contract will be formed between you and us for purchase of the Product and your payment will be processed. You shall receive a dispatch confirmation from us once your Product has been dispatched for delivery (“Dispatch Confirmation”).
4.3 If we are unable to supply you with a Product, for example because that Product is not in stock, or no longer available, or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If the Product is not available the payment pre-authorisation will be removed and your bank details will not be retained.
4.4 If following Order Confirmation and process of your payment the Product is no longer available the we shall refund any payment taken from you using the method you used to pay for the Product.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements. Every time you order Products from our Site, the Terms in force at that time will apply to the Contract.
6. OUR CANCELLATION RIGHTS TO END THE CONTRACT
6.1 We may end the Contract for a Product at any time by writing to you if you do not, within a reasonable time:
6.1.1 provide us with information that is necessary for us to provide the Product following a request by us for the information from you; or
6.1.2 allow us to deliver the Product to you.
6.2 If we end the Contract we will refund any money you have paid in advance for Products we have not provided.
7. DELIVERY
7.1 The cost of delivery shall be as notified to you before you place your order. We shall deliver the Products to you as soon as reasonably possible after your order is confirmed. If the supply of the Products is delayed by an event outside our control then we shall contact you as soon as possible to let you know and we shall take steps to minimise the effect of the delay. Provided we do this we shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.2 Delivery will be completed when the Products are delivered to the address you gave us.
7.3 The Products will be your responsibility from the completion of delivery.
7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
7.5 We may need certain information from you so that we can supply the Product to you, for example, [your full name, address, email address and contact telephone number]. If so, this will have been notified to you before you place your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying Products late or not supplying any part of them if this is caused by you giving us the information we need within a reasonable time of us asking for it.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Product (which includes VAT) will be the Price as quoted on our Site. We take all reasonable care to ensure that the price of the Product advised to you is correct.
8.2 Prices for our Products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.4 The price of certain smaller Products include delivery charges, whilst other larger items will require individual delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
8.5 Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing: we (i) in the event that your order has not yet been processed, do not have to provide the Product to you at the incorrect (lower) price; or (ii) in the event that your order has been processed, may end the contract, refund you any sums you have paid and require the return of the Product provided to you.
9. HOW TO PAY
9.1 Payment for Products is via Paypal.
9.2 If you think that a payment which has been debited is wrong please contact us promptly to let us know.
10. LIABILITY IF YOU ARE A CONSUMER
10.1 This clause 10 shall only apply if you are a consumer on our Site.
10.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and us at the time we entered into the Contract.
10.3 Products are supplied for domestic and private use only. You agree not to use the Product for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 We do not in any way exclude or limit our liability to you where it would be unlawful to do so under the terms set out in the Consumer Rights Act 2015.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 11.2.
11.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.
12. COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to “in writing”, this will be via e-mail.
12.2 If you wish to contact us in writing please do so by e-mail at art@nikkisaunders.co.uk. We will confirm receipt of this by contacting you in writing by e-mail.
12.3 If we have to contact you or give you notice in writing, we will do so by e-mail.
13. OTHER IMPORTANT TERMS
13.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.2 If you are a consumer, please note that these Terms are governed by English law and you can bring legal proceedings in respect of the Products in England. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and us agree that the courts of England and Wales shall have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may bring legal proceedings in respect of the Products in Northern Ireland or the English Courts. If you are resident of Scotland, you may bring legal proceedings in either Scottish or English courts.
