Terms and Conditions
These terms and conditions apply between you, the user of this website (including any sub-domains unless expressly excluded by their terms and conditions), and Nigel Haward, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
If you disagree to be bound by these terms and conditions, you should stop using the website immediately.
In these terms and conditions, user or users means any third party that accesses the website and is not either (i) employed by Nigel Haward and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Nigel Haward and accessing the website in connection with the provision of such services.
Intellectual Property and Acceptable Use
Unless uploaded by users, all content included on the website is the property of Nigel Haward, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that copyright, trademarks, database rights and other intellectual property rights protect such content. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display and view the content on a computer screen.
You must not reproduce, modify, copy, distribute, or use any content for commercial purposes without the written permission of Nigel Haward.
Prohibited Use
You may not use the website in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
Links to other websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Nigel Haward or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of their owners.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Nigel Haward makes available through the website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Nigel Haward is under no obligation to update information on the website.
While Nigel Haward endeavours to ensure the website is secure and free of errors, viruses and other malware, we give no warranty or guarantee. All users take responsibility for their security, details, and computers.
Nigel Haward accepts no liability for any disruption or non-availability of the website.
Nigel Haward reserves the right to alter, suspend or discontinue any part (or the whole of) the website, including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
Limitation of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you for any losses arising from events beyond our reasonable control.
To the maximum extent permitted by law, Nigel Haward accepts no liability for any of the following:
Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
Copyright
All content, images and artwork on this website are the sole property of Nigel Haward. No content should be used or reproduced without written permission from Nigel Haward.
General
You may not transfer your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
We may vary these terms and conditions from time to time. Revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
These terms and conditions, together with the Privacy Policy and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place about the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of them.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Nigel Haward operates the website nigelhaard.co.uk. You can contact Nigel Haward by email at nigelhaward@hotmail.com.
Supply of Goods Terms
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 ensure that they contain everything you want and nothing you are not happy with.
Application
These Terms and Conditions will apply to you (the Customer or you) purchasing the goods. I am Nigel Haward, and my email address is nigelhaward@hotmail.com (the supplier or us or myself).
These are the terms on which we sell all Goods to you. By ordering any Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the ‘I Accept’ button. If you do not click on the button, you cannot complete your Order. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
Customer means an individual buying Goods from Nigel Haward.
Contract means the legally binding agreement between you and us for the supply of the Goods;
Delivery Location means the customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper email, or any other medium that allows information to be addressed personally to the recipient, and enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website;
Website means our website nigelhaward.co.uk on which the Goods are advertised.
Goods
The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
For any Goods made to your special requirements, you are responsible for ensuring that any information or specification you provide is accurate.
All goods that appear on the website are subject to availability.
We can make changes to the Goods necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information
We retain and use all information strictly under the Privacy Policy.
Basis of Sale
The description of the Goods on our website does not constitute a contractual offer to sell the Goods. 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.
The Order process is set out on the website. Each step allows you to check and amend errors before submitting the Order. You must check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order you placed. By placing an Order, you agree to us confirming the Contract using an email with all information (i.e. 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 Goods supplied under the Contract.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
The price of the Goods and any additional delivery or other charges is that set out on the website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable during the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Risk and Title
The risk of damage to or loss of any Goods passes to you when they are delivered to you.
You do not own the Goods 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 Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
You can withdraw the Order by telling us before the Contract is made if you wish to change your mind without giving us a reason and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 30 calendar days from the day the Contract was entered into, if you 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 Goods in undamaged condition at your own expense. Then we must refund you the price for those Goods 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 Goods. This Returns Right is different and separate from the Cancellation Rights below.
This distance contract (as defined below) has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
Goods that are made to your specifications or are personalised; goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
Subject to the conditions stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
The cancellation period will expire 30 days from the day you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 30 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract in a clear statement (e.g., a letter sent by post, fax, or email).
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.
Effects of cancellation in the cancellation period.
Except as set out below, if you cancel this Contract, we will reimburse you all payments received, including the delivery costs (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 Goods Supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, e.g. 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
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Goods supplied, or, (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will reimburse without undue delay, and not later than 14 days after the day we are informed about your decision to cancel this Contract.
We will reimburse you using the same means of payment you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees due to the reimbursement.
Conformity
I have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
Be of satisfactory quality; reasonably fit for any particular purpose for which you buy the Goods that you made known to us before the Contract is made (unless you do not rely, or it is unreasonable for you to rely, on our skill and judgment) and fit for any purpose held out by us or set out in the Contract; and conform to their description.
It is not a failure to conform if the failure originates in your materials.
Successors and our subcontractors
Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable, and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably. The party will not be liable for any failure that it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel below.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation about your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
For these Terms and Conditions:
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected, only Process Personal Data for the purposes identified, respect your rights in relation to your Personal Data, and implement technical and organisational measures to ensure the security of your Personal Data.
For any enquiries or complaints regarding data privacy, email: nigelhaward@hotmail.com.
Excluding Liability
The Supplier does not exclude liability for (i) any fraudulent act or omission or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
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.
We try to avoid any dispute, so we deal with complaints in the following way: If you are unhappy with your purchase or it arrives damaged, please contact us and we will try to resolve the problem as soon as possible.
Any questions?
If you have any further questions about shipping, please contact me.