Terms & Conditions

OVERVIEW

Welcome to Nicholls Online.  Here is all the small print you need to give you confidence when making a purchase with us. We think we have got everything covered in our Terms and Conditions, but if you have any additional questions and queries you can always get in contact with us via our Contact Us page.

The Terms and Conditions below apply to the use of Nicholls Online website, and by placing an order with us you are agreeing to accept them.

Remember that sometimes we may make changes to our service and systems; if this happens, we will update these Terms and Conditions, so make sure you check them regularly.

By visiting NichollsOnline.co.uk, you are accepting and consenting to the practices described in the Terms and Conditions.  NichollsOnline.co.uk website(s) (our “Site” or “Sites”) and related services are made available to you pursuant to the following Terms and Conditions.  We may modify the Terms and Conditions from time to time, and your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms and Conditions.

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services.  In particular, we draw your attention to our Privacy Policy.  We cannot accept registration from any person under 18 and ask visitors under this age not to submit any information to us.

Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Site.

OUR CONTRACT WITH YOU

We have taken every care to ensure that the photographic representation, description and specification of each product is accurate. However, a slight variation in the actual goods may occur even though the reproduction of colours is a close representation. We regret that we cannot absolutely guarantee that the product images on the website are a totally accurate representation of the actual merchandise.

When you submit an order using our website we will follow the procedures detailed below:

• We will acknowledge the receipt of your order with an email containing exact details of the order. Please do not consider this email as an order confirmation or order acceptance from Nicholls Online. Should you not receive an acknowledgment within 5 business days, please contact us via email or by telephone on 01873 810 571 Monday to Friday 9:00am to 5:00pm. 
• We will take your payment as soon as your card details have been processed. 
• The order is accepted and the completion of the contract between you and Nicholls Online will take place when your order is dispatched, unless you have cancelled the order in accordance with the relevant order cancellation instructions. 
• In certain circumstances we may not be able to accept your order. This may be as a result of:
  o Non-authorisation of payment
  o The product being out of stock
  o There having been a pricing or description error. 
• If your item is not available for prompt dispatch, we will contact you by email to advise you of the expected dispatch date.
  
• All orders are subject to acceptance and product availability.
  
• In the unlikely event that we are unable to fulfill your order, we will attempt to contact you to discuss alternative options within two working days.
  
• In the unlikely event that we cannot place an order for you, any monies paid will be refunded to you as soon as possible.
  
• You must agree that all information provided when you complete your order is true and accurate and that all credit/debit card details provided through the NichollsOnline.co.uk website are in your own name. Fraudulent use of credit/debit cards will mean that we pass your details to the relevant crime prevention authorities for investigation.

RETURNS

The Returns Policy applies to goods purchased on the website. Further information on how to return your goods can be found on our Delivery and Returns page. This is in addition to your statutory rights.

• We offer free returns for orders over the value of £100 using Royal Mail. All orders under £100 will be subject to a £3 fee that will be deducted from your total refund amount, for use of the Royal Mail returns label.
• We will accept unwanted goods returned for a refund or exchange but only if they are returned in their original condition, unused (with their original packaging), with garment tags still attached within 14 days of cancellation with the Returns Form provided. 
• In order to obtain a refund you must notify us of your intention to cancel your contract within 14 days of receipt of the goods (or prior to delivery). If the product is faulty or damaged we will refund your original delivery charge.
• Use of the Royal Mail returns label outside of the 14-day return period will incur a charge of £7.50, which will be deducted from your total refund amount for admin and postage charges.
• The following items cannot be returned. However, if the goods are faulty or incorrectly supplied goods your statutory rights are unaffected.

o Goods which have been made or ordered to a customer's specification;

o For reasons of hygiene we cannot accept returns of pierced jewellery or hair accessories;

o For reasons of hygiene we cannot accept returns of cosmetics and toiletries;

o For reasons of hygiene we cannot accept returns of underwear or bathing suits.

• Any goods returned without the packaging will be deemed as second hand and we will not be able to exchange them. You can take the goods out of the packaging to try them out, but don't throw it away. Make sure that garment labels are not removed.
• Please DO NOT affix any labels to products or packaging as this will cause damage to the products/ packaging and may result in a refusal of your refund.
• Refunds will be made against the original form of tender. Refunds and exchanges on purchases made under promotional events are made at the discounted value.
• If you are returning goods issued with a free promotional gift then the returned goods must include such promotional gift.
• Unfortunately, we are unable to offer refunds or exchanges on items that have been ordered especially for you as a Special Order.
• Please allow up to 7 working days for all returns and exchanges to be processed.

If you wish to cancel your order placed online please contact our Customer Services team. You can do this either by 

• Telephone on 01873 810 571 Monday to Friday 9:00am to 5:00pm
• Email to nichollsonline@wmnicholls.co.uk stating your intention to cancel the order.
• By writing to Customer Services at Nicholls of Crickhowell, 19 High Street, Crickhowell, Powys NP8 1BD.
• Returning the goods in perfect condition, in original packaging with all labels still attached within 14 days of receipt, along with the goods return form.

Nicholls Online tries to process orders as quickly as possible and in some cases an order may be processed before we receive your notice to cancel. If your order has already been dispatched please return the order following the instructions contained within the parcel.

PAYMENT

We accept payment by: Maestro, MasterCard, Visa and Visa Debit, together with PayPal and Amazon Payments.

All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

PRICES

All prices listed on NichollsOnline.co.uk are correct at the time the information is placed, however, we reserve the right to change the price of products at any time. All prices include VAT at the current UK rate.

Our policy is to ensure that prices on our website are accurate. However, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.

From time to time we may offer additional discounts for purchases online that do not apply in our retail stores and vice versa.
 

PROMOTIONAL OFFERS

Only one promotional offer can be used per order. Promotional offers may be withdrawn at any time.

THE WEBSITE

We may change the website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.

Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.

You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:

• retrieve and display the content of the website on a screen;
• print copies of the content for your own personal use; and
• store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).

You may not use this website or its contents:

• for commercial purposes;
• for resale purposes including the extraction of any part of the contents of this website (eg. item listings, descriptions, prices);
• to download (other than page caching) or modify the website, or any portion of it;
• to interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems;
• to interfere with the enjoyment or use of the website by any other person;
• any purpose which is unlawful.

Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.

We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. Accessing the website is entirely at your own risk.

You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights.

This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website.

LIABILITY AND INDEMNITY

We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website whether or not accepted by us).

You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.

We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.

PRIVACY AND COMMUNICATIONS

When you place orders online or by telephone, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from you. For details on how we use this information, please read our Privacy policy.

To fulfill our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.

JURISDICTION

The website is controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website or over the telephone are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website.

GENERAL

We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

CUSTOMER SUPPORT

Please contact our Customer Services Team in the event of any queries:

Telephone 01873 810 571

Lines are open Monday to Friday 9.00am - 5.00pm (closed Saturday & Sunday).

Email: nichollsonline@wmnicholls.co.uk

OUR DETAILS

WM Nicholls & Company Limited
Company Registration Number 9253122

Registered Office
19 High Street
Crickhowell
Powys
NP8 1BD

VAT no 197 5351 69