Terms and Conditions
These terms and conditions describe the basis for the purchase by you and sale by us of the goods described on this website (the “Website“).
1. Definitions
In these terms and conditions, “we” and “us” means Nicola Marie.
2. Formation of agreement
2.1 An agreement for us to sell you goods is made on the basis of these terms and conditions when we accept your order for goods through the Website. (This agreement between us is referred to in these terms and conditions as this “Agreement“.)
2.2 The description of the goods, price, currency, VAT, insurance and delivery costs are set out in the order page.
3. Orders
3.1 Orders shall be accepted at our sole discretion but are normally accepted if the goods are is available, the order reflects current pricing, you are based in a country which to which we are currently able to sell and your credit or account card is authorised for the transaction.
3.2 The price quoted to you at the time we confirm your order shall remain valid for 14 days from that time. If the price has increased in between the expiry of that period and the delivery date, we will first confirm with you by e-mail that the new price is acceptable before continuing.
4. Acceptance of your order
We will confirm receipt and acceptance of your order through our automatic screen confirmation of the order. We may also follow this up with a confirmatory e-mail.
5. Payment
5.1 Payment for the goods and related costs will be due on receipt of our confirmation email. If applicable, we shall charge your account for payment upon fulfilment of the order.
5.2 If you fail to pay us within the time stipulated above, we shall be entitled to charge you interest at 4● % above the base rate at the relevant time of Natwest Bank plc. Such interest shall accrue daily and be compounded monthly. In addition, we may suspend your access to and ordering goods from the Website.
6. Delivery Dates
Unless we specify otherwise, delivery dates will always be within 7 working days, all deliveries will require a signature on delivery. However, all delivery dates are given only for general guidance and we will not be held liable in any way for late delivery of goods.
7. Method/Failed Delivery
We shall attempt to deliver the goods to the address you specify for delivery, or if none, to the credit card address you supply. It is important that these addresses supplied by you to us are accurate.
8. Access to the Website and content
8.1 We are continually improving our goods, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.
8.2 We try to ensure that pictures of the goods on the Website are as accurate as possible, but there are technical limitations and slight variations in colour and texture between the pictures and the goods themselves must be expected.
8.3 We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.
9. Scope of advertisements
The content of the Website is directed solely at those who access the site from the United Kingdom. We make no representation or warranty that any goods referred to in the Website are available or are otherwise suitable for use outside the United Kingdom.
10. Ownership
10.1 You will only own the goods once they have been successfully delivered and when we have received cleared payment for them in full. Until that time we will retain title to the goods.
10.2 Goods supplied are not for resale.
11. Warranty
We warrant that the goods shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery provided that the instructions governing use of the goods have been followed.
12. Exchange or refund
We will be happy to exchange or refund any goods with which you are not completely satisfied. Simply return the goods to us unused, within 7 working days, with the dispatch note. You will be responsible for the direct costs of returning the goods.
13. Liability
13.1 If you have a valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification in accordance with this agreement, we shall be entitled to replace the goods (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price).
13.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website.
13.3 We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss.
13.4 Our aggregate liability to you in connection with this agreement shall not exceed the value of the goods ordered by you.
13.5 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
14. Statutory Rights
These terms and conditions do not affect your statutory rights as a consumer.
15. Matters outside our control
We shall not be liable to you or in breach of this agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
16. E-mail, user name and password
16.1 E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.
16.2 If you are issued with a user name and password before you can order goods from us, these will be personal to you and are not transferable. Any breach of security of a user name and password should be notified to us immediately. You will be responsible for any payments due for goods ordered through the Website by anyone using your user name and password.
17. General
17.1 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
17.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
18. Complaints
If you have a complaint, please e-mail us at: nicolamariefashion@live.co.uk
