Terms and Conditions

1. Terms & Conditions of Supply

These Terms and Conditions of Supply, together with our Website Terms of Use [below], Privacy Policy [below], Acceptable Use Policy [below] and Cookie Policy [below] (together, Legal Terms) give you information about us and the legal terms and conditions on which we sell products (Services) to you that are listed on www.nigelsecostore.com (Website). This is different to the Marketplace Terms of Use (marketplace.nigelsecostore.com) which you can view separately.

Our Legal Terms apply to any contract between you and us when you purchase Products and / or Services from the Website (Contract). Please read through our Legal Terms carefully and make sure that you fully understand them. If you do not understand any aspect of our Legal Terms we highly recommend that you seek professional legal advice. Before placing an order for Products and / or Services from our Website, you shall be asked to click on a button signifying your acceptance of these Terms and Conditions of Supply. If you refuse to accept these Terms and Conditions of Supply, you will not be able to order Products and / or Services from our Website.

These Terms and Conditions of Supply may be changed by us at any time in accordance with clause 14. Every time you wish to order Products and / or Services from the Website, please check our Legal Terms to ensure you understand the terms and conditions that will apply at that time.

If you have any questions or queries about this or any other information on our Website, please do not hesitate to contact us.

LEGAL NOTICE

All information and advice in relation to Product suitability is for general guidance only. We cannot guarantee that any Product is suitable for your requirements or that your electrical system has the capacity to safely power the Products that you purchase from us. In some cases, changes to your electrical system may be required. This is your responsibility and we recommend that you seek the professional opinion of a qualified electrician before placing your order. All Products must be installed and operated strictly in accordance with the manufacturer’s guidelines which should take priority over all other information and advice. A failure to do so may compromise your safety and invalidate any manufacturer’s guarantee that comes with the Product.

1. Information About Us

Nigel's Eco Store are a trading style of NES-DIRECT LIMITED, a company registered in England and Wales with company number 09749257 whose registered office is at Firecrest House, Lingerfield Business Park, Scotton, Knaresborough, North Yorkshire, HG5 9JA (weus and our). Our VAT number is __________.

  • Registered Office: Nigel's Eco Store, Firecrest House, Lingerfield Business Park, Scotton, Knaresborough, North Yorkshire, HG5 9JA
  • Warehouse: Nigel's Eco Store, Unit 1, Acre Park, Dalton Lane, Keighley, BD21 4JH
  • E-mail address: sales@nigelsecostore.com

 

2. Use of our Website

Your use of our Website is governed by our Website Terms of Use [below] , Acceptable Use Policy [below] and Cookie Policy [below]. Please take the time to read these policies, as they include important terms that apply to you.

3. How We Use Your Personal Information

We only use your personal information in accordance our Privacy Policy [below]. Please take the time to read this policy, as it includes important terms that apply to you.

4. Our Products and Services

4.1 The images of the Products on our Website 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 accurately reflects the colour of the Products. The Products ordered by you may vary slightly from those images.

4.2 We have made every effort to be as accurate as possible when describing the Products and Services. All sizes, weights, capacities, dimensions and measurements of Products indicated on our Website have been provided by the manufacturers of those Products.

4.3 The packaging of the Products may vary from that shown on the images on our Website. 

5. Prices and Delivery Charges

5.1 The prices of the Products and Services will be as quoted on our Website at the time you submit your order. We use our best efforts to ensure that the prices are correct at the time when the relevant information was entered onto the system. In some cases, we may need to obtain further details in order to provide a quote for the price of Services. The price of Services may therefore vary from the prices on the Website depending on your circumstances. Please see clause 5.6 for what happens if we discover an error in the price of the Products or Services that you have ordered.

5.2 Prices for our Products and Services may change from time to time, but changes will not affect any order that you have placed, and that has been accepted by us.

5.3 The price of our Products and Services excludes VAT (where applicable) at the current rate chargeable in the UK for the time being unless stated otherwise. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and / or Services in full before the change in VAT takes effect.

5.4 The price of our Products does not include delivery charges which will need to be added to your order unless it qualifies for FREE DELIVERY. Our delivery charges are as advised to you during the check-out process, before you confirm your order. For more information on our delivery charges, please refer to our Delivery Policy  [below].

5.5 Your rights to a refund on cancellation are set out in clause 12. We will invoice you for the outstanding balance for Services on or any time after we have performed the Services. Each invoice will quote the order number. You must pay each invoice in cleared monies within 30 days of receipt of the invoice.

5.6 We supply a large number of Products and Services. It is always possible that, despite our best efforts, some of the Products and Services on our Website or otherwise may be incorrectly priced. If we discover an error in the price of the Products and / or Services that you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product and / or Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products and / or Services to you at the incorrect (lower) price.

6. How To Pay

6.1 You can only pay for Products on the Website using a debit card or credit card. We accept the following payment methods: Paypal, Visa, Visa Electron, Mastercard, Solo and American Express.

6.2 Payment for the Products and all applicable delivery charges (if any) is in advance. We will not charge your debit card or credit card until we dispatch your order.

7. If You Are A Consumer

This clause 7 only applies if you are a consumer

If you are a consumer, you may only purchase Products and / or Services from our Website if you are at least 18 years old.

8. If You Are A Business Customer

This clause 8 only applies if you are a business

8.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products and / or Services.

8.2 Our Legal Terms, together with your order (if any) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

8.3 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our Legal Terms.

8.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Contract.

9. How The Contract Is Formed Between You And Us

9.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

9.2 We will acknowledge your order when you place it. This does not mean that your has been accepted. We will contact you to confirm our acceptance of your order (Acceptance Confirmation) which shall include, where you have purchased Products, sending you a tracking code by email when your order is shipped to enable you to check progress of your delivery online. The Contract between you and us will only be formed when you receive the Acceptance Confirmation.

9.3 If we are unable to supply you with a Product and / or Services because that Product and / or those Services are no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product and / or Services, we will refund you the full amount including any delivery costs charged as soon as possible.

9.4 In the unlikely event that a Product that you have ordered is out of stock, the estimated delivery time will be longer and you will be contacted by us in order to set a new delivery date and to arrange a new date for performance of the Services if necessary. 

10. Delivery of Products

10.1 We will contact you with an estimated delivery date (for more information on when you can expect Products ordered by you to be delivered, please see our Delivery Policy [below]). Occasionally our delivery to you may be affected by an Event Outside Our Control (please see clause 18 for our responsibilities when this happens).

10.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us when placing your order or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.

10.3 You own the Products once we have received payment in full, including all applicable delivery charges (if any).

This clause 10.4 only applies if you are a consumer

10.4 If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:

10.4.1 we have refused to deliver the Products;

10.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

10.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

10.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

10.6 If you do choose to cancel your order for late delivery under clause 10.4 or clause 10.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery in accordance with the relevant provisions of clause 12.8.

10.7 Our free delivery service is available for deliveries to anywhere in the mainland UK and some selected areas of Scotland. Please contact us to find out the precise costs of delivery (if any).

10.8 In some circumstances, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

10.9 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order

10.10 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.

11. Performance of Services

11.1 We will supply the Services to you on the date agreed between us in writing. We will not begin to supply any Services before the end of the cancellation period unless you expressly request that we do so in writing and acknowledge that your cancellation rights will be lost once the Services have been fully performed.

11.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control (please see clause 18 for our responsibilities when this happens).

11.3 We may need certain information from you that is necessary for us to provide the Services. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional reasonable charge to cover any extra work that is required or we may need to suspend the Services. We will not be liable for any delay or non-performance where you have not provided the necessary information to us. We may also have to suspend the Services if we have to deal with technical problems, or to make improvements as agreed between you and us in writing. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under but this does not affect your obligation to pay for any invoices that we have already sent to you.

11.4 In some circumstances, we may be unable to provide you with the Services that you require and may therefore request that a third party provides those Services to you (Third Party Services). We will let you know where this is the case. By placing an order for Third Party Services, you will be entering in to a direct contractual relationship with the third party providing those Third Party Services. You must unconditionally accept these Terms and Conditions of Supply and the terms and conditions of any third party (in respect of the Third Party Services that they supply to you) if you want to proceed with your order. 

12. Your Consumer Right of Return and Refund

This clause 12 only applies if you are a consumer

12.1 If you are a consumer, you have the benefit of a 14 day cooling off period where you have a legal right to cancel a Contract for Products and / or Services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Nigel's Eco Store extends this cooling off period to 30 days in respect of Products that are included in the 30 Day cooling off period (for the avoidance of doubt, the 30 day cooling off period does not apply to all Products. Please see our Returns page for more information).

12.2 This means that during the relevant period set out in clause 12.4, if you change your mind for any reason and you do not want to keep a Product and / or receive Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

12.3 However, this legal right to cancel does not apply in the case of:

12.3.1 Products made specifically for you or clearly personalised; and

12.3.2 any Products which become mixed inseparably with other items after their delivery.

12.4 Your legal right to cancel a Contract starts from the date of the Acceptance Confirmation (the date on which we contact you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

12.4.1 Your Contract is for Products not delivered on separate days:

The end date is the end of:

(a)   14 days after the day on which you receive a Product where the Product is a consumable, special item or whereby it is in some way excluded from the 30 Day period and thereby only qualifies for the 14 day cancellation period; or

(b)   30 days after the day on which you receive a Product where the Product does qualify for the 

Example: if we provide you with an Acceptance Confirmation on 30 September and you receive your first Product on 1 October, you may cancel that item at any time between 30 September and:

  • the end of the day on 15 October where the Product is exempt from the 30 Day period as specified on our returns page

  • the end of the day on 31 October where the Product that you have purchased qualifies for the 30 Day period

(c)   For marketplace items please refer to each retailer's returns information

12.4.2 Your Contract is for Products delivered on separate days:

 

 

 

The end date is the end of:

(a)   14 days after the day on which you receive each individual item where the item is excluded from the 30 Day period; or

(b)   30 days after the day on which you receive each individual item where the item is included in the 30 Day period or, where relevant, the end date stipulated in clause 12.4.2(a), whichever is the later.

Example: if we provide you with an Acceptance Confirmation on 30 September and you receive your first Product that you have purchased on 1 October and the second product on 15 October, you may cancel the first Product at any time between 30 September and:

  • the end of the day on 15 October in respect of all Products excluded from the 30 Day Period

  • the end of the day on 31st October in respect of all Products included within the 30 Day Period

If we provide you with an Acceptance Confirmation on 30 September and you then receive your second Product on 15 October, you may then cancel the second item at any time between 30 September and:

  • the end of the day on 29 October where the Product is exempt from the 30 Day period as specified on our returns page

  • the end of the day on 14 November where the Product that you have purchased qualifies for the 30 Day period

(c)   For marketplace items please refer to each retailer's returns information

Your Contract is for Services:

 

 

 

 

The end date is the end of 14 days after the day on which you receive the Acceptance Confirmation.

Example: if we provide you with an Acceptance Confirmation on 1 February whereby we agree to deliver your item, 15 February will be the last day of the cancellation period (subject to clause 12.8.2).

 

12.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. A link to the cancellation form is also included in our Acceptance Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact us by e-mail, post or telephone to cancel a Contract. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you post your letter in time for it to be taken with the last post on the last day of the cancellation period or e-mail us before midnight on that day.

12.6 Please provide your name, address, telephone, number, the full product details and your order number to help us to identify your order and process your refund.

12.7 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

12.8 If you cancel your Contract we will:

12.8.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;

12.8.2 refund you the price you paid for the Services but only to the extent that they have not been performed. You must pay for the supply of the Services for the period for which they have been supplied up until the time of cancellation. The price for Services supplied shall be determined in proportion to the full value of the Services to be performed under the Contract. We will not begin to supply any Services before the end of the cancellation period unless you expressly request that we do so in writing and acknowledge that your cancellation rights will be lost once the Services have been performed in full;

12.8.3 refund delivery costs (where you have paid for delivery) limited to the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if you place your order on a Friday and we offer delivery of the Product on the following Monday at one cost but you choose to have the Product delivered at the weekend at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

12.8.4 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(a) if you have received the Product and we have not offered to collect it from you, you will receive your refund within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;

(b) if you have not received the Product or you have received it and we have offered to collect it from you, you will receive your refund 14 days after you inform us of your decision to cancel the Contract; and

(c) in respect of any Services that you have prepaid for, you will receive your refund 14 days after you inform us of your decision to cancel the Contract. 

12.9 If you have returned the Products because they are faulty or not as described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us.

12.10 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products and / or Services we may refund you in vouchers.

12.11 If a Product has been delivered to you before you decide to cancel your Contract:

12.11.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract in accordance with clause 12.5. You can send it back or return it to [our warehouse] at [Eco-stores Direct, Unit 1, Acre Park, Dalton Lane, Keighley, BD21 4JH]. If we have offered to collect the Product from you, we will collect the Product from the address to which it was delivered. We will contact you to arrange a suitable time for collection using the email address or telephone number provided by you when you placed your order; and

12.11.2 you will be responsible for the cost of returning the Product to us unless the Product is faulty or not as described (in this case, see clause 12.9). We charge £14.00 to collect each large Product from you such as a radiator or electric heater. We will let you know the precise costs of collection prior to collecting any Products and we will only do so if you agree to pay the costs of collection.

12.12 We are under a legal duty to supply Products and / or Services that are in conformity with a Contract. If you are a consumer, you have legal rights in relation to Products that are faulty or not as described and Services that are not carried out with reasonable skill and care, or if the materials used are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 12 or anything else in these Terms and Conditions of Supply. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13. Manufacturer’s Guarantee and Defective Products

13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the manufacturer’s guarantee and any applicable terms and conditions, please refer to the manufacturer's information provided with each Product.

13.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13.3 In the unlikely event that there is a defect with a Product that manifests itself within the period of 6 months starting with the date on which the Products were delivered, you will be expected to give us a reasonable opportunity to repair or fix the defect. We will use every effort to do so as soon as reasonably practicable and you will not have to pay for this. 

14. Our Right To Vary These Terms and Conditions of Supply

14.1 We amend these Terms and Conditions of Supply from time to time. Please look at the start of these Terms and Conditions of Supply to see when they were last updated and which terms were changed.

14.2 Every time you order Products and / or Services from us, the Legal Terms in force at the time of your order will apply to the Contract between you and us.

14.3 We may revise these Terms and Conditions of Supply as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or for any other reason.

14.4 If we have to revise these Terms and Conditions of Supply as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and / or Services or just the Products and / or Services that you are yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid for those Products (subject to clause 12.8.1 and clause 12.11), the Services (subject to clause 12.8.2) and the delivery charges (subject to clause 12.8.3). 

15. Complaints

15.1 If you experience a problem, you can make a complaint to us by contacting our Customer Support Aftercare Team by using the contact details at clause 1 within the cancellation period as more particularly set out at clause 12, unless the problem manifests itself after expiry of the cancellation period, in which case, a complaint should be made as soon as reasonably practicable.

15.2 We may conduct an investigation in to the matter which will require your full co-operation. A failure to act quickly and comply with the provisions of this clause 15 may result in a complaint not being upheld. You agree to provide any form of evidence reasonably requested by us in respect of any complaint or claim.

16. Liability if you are a business

This clause 16 only applies if you are a business customer

16.1 We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.

16.2 Nothing in these Terms and Conditions of Supply limits or excludes our liability for:

16.2.1 death or personal injury caused by our negligence;

16.2.2 fraud or fraudulent misrepresentation;

16.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

16.2.4 defective Products under the Consumer Protection Act 1987.

16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

16.3.1 any loss of profits, sales, business, or revenue;

16.3.2 loss or corruption of data, information or software;

16.3.3 loss of business opportunity;

16.3.4 loss of anticipated savings;

16.3.5 loss of goodwill; or

16.3.6 any indirect or consequential loss.

16.4 Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and / or Services.

16.5 Except as expressly stated in these Terms and Conditions of Supply, we do not give any representation, warranties or undertakings in relation to the Products and / or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions of Supply by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

17. Liability If You Are A Consumer

This clause 17 only applies if you are a consumer

17.1 If we fail to comply with these Terms and Conditions of Supply, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of Supply or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into a Contract.

17.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 We do not in any way exclude or limit our liability for:

17.3.1 death or personal injury caused by our negligence;

17.3.2 fraud or fraudulent misrepresentation;

17.3.3 breach of the terms implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 and sections 2, 3, 4 and 5 of the Supply of Goods and Services Act 1982 (title and quiet possession, description, satisfactory quality, fitness for purpose and samples); or

17.3.4 defective Products under the Consumer Protection Act 1987.

18. Events Outside Our Control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our 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 carriers and couriers or telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (an Event Outside Our Control).

18.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

18.2.1 we will contact you as soon as reasonably possible to notify you; and

18.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where an Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where an Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

18.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] days.

19. Communications Between Us

19.1 When we refer, in these Terms and Conditions of Supply, to "in writing", this will include e-mails.

19.2 You may contact us using the contact information in clause 1.

20. Other Important Terms

20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions of Supply.

20.2 You may only transfer your rights or your obligations under these Terms and Conditions of Supply to another person with our prior written consent.

20.3 A Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

20.4 Each of the paragraphs of these Terms and Conditions of Supply 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.

20.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions of Supply, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive any default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6 These Terms and Conditions of Supply are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 


 

2. Website Terms of Use

Nigel's Eco Store are a trading style of NES-DIRECT LIMITED, a company registered in England and Wales with company number 09749257 whose registered office is at Firecrest House, Lingerfield Business Park, Scotton, Knaresborough, North Yorkshire, HG5 9JA (weus and our). Our VAT number is __________.

By using our websites, you signify your agreement to our Privacy Policy [below], Cookie Policy [below], Acceptable Use Policy [below] and these Website Terms of Use [below] (together, with our Terms and Conditions of Supply, our Legal Terms). If you do not agree to our Legal Terms, do not use our Website.

No contract or engagement is created by our Website except in accordance with our Terms and Conditions of Supply. we are not obliged to respond to any enquiries and reserves the right to require reasonable identification before following up with any enquiries. The web is an evolving medium and we therefore reserves the right, at its sole discretion, to update or revise the Legal Terms at any time. Such changes shall not apply retrospectively. Please check our Legal Terms periodically for changes. Your continued use of our Website following the posting of any such changes to our Privacy Policy, Cookie Policy, Acceptable Use and these Website Terms of Use shall constitute your tacit acceptance of those changes.

1. Accessing Our Website

1.1 Our Website is made available to you free of charge.

1.2 We do not guarantee that our Website or any content on it, will always be available or uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you, if for any reason our Website is unavailable at any time for any period of time.

1.3 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of our Legal Terms and that they comply with them.

1.4 We reserve the right, at its sole discretion, to terminate your access to all or part of our Website with or without notice for any reason.

2. Website interaction

We may, from time to time, provide live chat, Twitter, Facebook, Pinterest, RSS Feeds, feedback, reviews and other interactive services on our Website.

3. Your Account and Password

3.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose this information to any third party.

3.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our reasonable opinion you have failed to comply with any of the provisions of our Legal Terms.

3.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing sales@nigelsecostore.com.

4. Suspension and Sanctions

4.1 We will determine, in our absolute discretion, whether there has been a breach of our Acceptable Use Policy [below]through your use of our Website. When a breach of our Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

4.2 Failure to comply with our Acceptable Use Policy constitutes a material breach of these Website Terms of Use and may result in us taking any combination of the following actions:

(a) immediate, temporary or permanent withdrawal of your right to use our Website;

(b) immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;

(c) the issue of a warning to you;

(d) taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) further legal action against you; and / or

(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3 We exclude liability for actions taken in response to your breaches of our Acceptable Use Policy. The responses described above are not limited, and we may take any other action that we reasonably deem appropriate.

5. Third Party Links and Resources On Our Website

5.1 Our Website may produce automated search results or otherwise link you to other websites on the internet. These other websites may contain information or material that some people find inappropriate or offensive. These other websites are not under the control by us, and you hereby acknowledge that we do not make any representation or warranty regarding the accuracy, timeliness, suitability, copyright compliance, legality, decency or any other aspect of the content of such other websites.

5.2 Inclusion of any such link on our Website does not imply endorsement of any other websites, or any other aspect of the information located on such websites, nor does it imply any association with its operators.

6. Linking to our Website

6.1 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our consent.

6.2 You must not establish a link to our Website in respect of any website that is not owned by you. We reserve the right to withdraw any linking permission without notice. The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [below].

6.3 If you wish to make any use of content on our Website other than that set out above, please contact us by emailing sales@nigelsecostore.com.

7. Viruses

7.1 We put a great deal of effort in to providing a secure Website however, because of the evolving nature of the internet we cannot guarantee that it is secure or free from bugs or viruses, so please take care and take all necessary precautions to protect your computer.

7.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. We highly recommend that you use virus protection software.

7.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

8. Disclaimer

8.1 All information and advice in relation to Product suitability is for general guidance only. We cannot guarantee that any Product is suitable for your requirements or that your electrical system has the capacity to safely power the Products that you purchase from us. In some cases, changes to your electrical system may be required. This is your responsibility and we recommend that you seek the professional opinion of a qualified electrician before placing your order. All Products must be installed and operated strictly in accordance with the manufacturer’s guidelines which should take priority over all other information and advice. A failure to do so may compromise your safety and invalidate any manufacturer’s warranty that comes with the Product.

8.2 All content is provided “as is” and “as available” for your use. The content is provided without representations, warranties or undertakings of any kind, either express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Any representation, condition or warranty which might be implied or incorporated by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8.3 We and our respective affiliates from time to time do not warrant that the content is accurate, reliable or correct; that our Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of our Website is solely at your own risk. As some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

8.4 The images on our Website are for illustrative purposes only.

8.5 Please note that the prices and information on our Website are for information purposes only.

9. Limitation of Liability

9.1 Under no circumstances shall we and our respective affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use our Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our respective affiliates have been advised of the possibility of such damage.

9.2 Nothing in our Legal Terms shall exclude or limit liability to any extent not permitted by law including, without limitation:

(a) for death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

10. Indemnity

10.1 By using our Website you undertake to defend, indemnify and hold harmless us and our affiliates from all liabilities, costs, expenses, losses, damage, penalties, legal costs (calculated on a full indemnity basis) arising from any proceedings (legal or equitable) or claims brought or asserted against us including, without limitation, in respect of untrue or misleading information, defamation or infringement of any third party intellectual property rights arising from:

(a) any content posted by you on our Website; and

(b) any use or misuse by you of our Website.

10.2 We reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall co-operate with us in asserting any available defences.

11. Copyright Notice

11.1 All rights, including copyright, in the content of our Website are owned or controlled for these purposes by us. The material on our Website includes, without limitation, the text, computer code, SEO functionality, artwork, photographs, images, and all audio and/ or visual material on our Website.

11.2 In accessing our Website, you agree that you may only download the content for your own personal non-commercial use except where we agree otherwise.

11.3 Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Website for any purpose whatsoever without the prior written consent of us.

12. Trademarks

The Nigel's Eco Store logo is a UK registered trademark of NES-DIRECT LIMITED. 

13. Severability

13.1 Unless otherwise specified by us, our Legal Terms, together with any order placed by you (where applicable) shall constitute the entire agreement between you and us.

13.2 If any provision of our Legal Terms is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and our Legal Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from the relevant part of our Legal Terms.

14. Choice of Law and Forum

14.1 Our Legal Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.2 By using our Website, you agree to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Us

Contact us by emailing sales@nigelecostores.com.

 

 


 

3. Privacy Policy

This Privacy Policy (together with our Website Terms of Use [above] sets out the basis on which any personal data we collect from you or that you provide to us, will be processed when you use the Website. We are committed to protecting and respecting your privacy.

We update this Privacy Policy from time to time so please take the time to review it regularly.

1. Information we collect

We may collect and process the following data about you:

1.1 information that you provide by filling in forms on our Website;

1.2 information provided voluntarily by you (for example, when you register);

1.3 information that you provide when you communicate with us by any means;

1.4 details of transactions that you carry out through our Website; and

1.5 details of your visits to our Website including, without limitation, traffic and location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

2. IP addresses

We may collect information about your computer, including where available your IP address, operating system and browser type for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns and does not identify any individual.

3. Cookies

Our Website uses cookies to distinguish you from other users. This helps us to provide you with a better browsing experience and also allows us to improve our Website. For detailed information on the cookies we use and the purposes for which we use them, please see our Cookie Policy [below].

4. Storing your personal data

4.1 In operating our Website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is processed and stored securely.

4.2 Unfortunately, the sending of information via the internet is not always totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically. Sending such information is entirely at your own risk.

5. Use of your information

5.1 We use information held about you in the following ways:

5.1.1 to carry out our obligations arising from any Contracts entered in to between you and us;

5.1.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

5.1.3 to ensure that content from our Website is presented in the most effective manner to you;

5.1.4 to allow you to participate in live chat, Twitter, Facebook, Pinterest, RSS Feeds, feedback, reviews and any other interactive features on our Website; and

5.1.5 to notify you about changes to our Website or services.

5.2 We may also use your data or permit selected third parties to use your data, to provide you with information about products and services which may be of interest to you and we or they may contact you about these by e-mail, post or telephone but only if you have consented to this.

5.3 If you want us to use your data in this way or to pass your details on to third parties for marketing purposes, please tick the relevant boxes when you register on our Website.

5.4 We do not disclose information about identifiable individuals to our advertisers, but we reserve the right to provide them with aggregate anonymised information about our users.

5.5 We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

6. Disclosure of your information

6.1 We may disclose your personal information to any member of our organisation and any other organisation working with us (where required) for the purposes of operating our website.

6.2 We may disclose your personal information to third parties:

6.2.1 in the event that we sell or buy any business or assets in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or

6.2.2 if the website or substantially all of its assets are acquired by a third party in which case personal data held by it about its customers will be one of the transferred assets; or

6.2.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Website Terms of Use or to protect the rights, property, or safety of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 

7. Your rights

7.1 You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. 

7.2 Our Website may from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their handling of your personal data. Please check the privacy policies of such websites before you submit any personal data to them.

8. Access to information

The Data Protection Act 1998 Act (Act) gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10.00 to meet our costs in providing you with details of the information we hold about you. 

9. Changes to our privacy policy

Any changes we may make to this Privacy Policy in the future will be posted on this page and where appropriate, you will be notified by e-mail.

10. Contacting us

Please do not hesitate to contact us regarding any matter relating to this Privacy Policy by e-mailing sales@nigelsecostore.com or telephoning us on 0330 880 7000.

 


 

4. Cookie Policy

We use cookies and similar tools across our Website to improve performance and enhance your user experience. This policy explains how we do that.

1. What are cookies?

1.1 Cookies are small text files which a website may put on your computer or mobile device when you first visit a website or page. The cookie will help the website, or another website, to recognise your device the next time you visit. Web beacons or other similar files can also do the same thing. We use the term “cookies” in this policy to refer to all files that collect information in this way.

1.2 There are many functions cookies serve. For example, they can help us to remember your username and preferences, analyse how well our Website is performing or even allow us to recommend content we believe will be most relevant to you.

1.3 Certain cookies contain personal information – for example, if you click “remember me” when logging in, a cookie will store your username. Most cookies won’t collect information that identifies you, and will instead collect more general information such as how users arrive at and use our Website or a user’s general location. 

2. What sort of cookies do we use?

Generally, our cookies perform up to four different functions:

2.1 Essential cookies - Some cookies are essential for the operation of our Website. For example, some cookies allow us to identify subscribers and ensure they can access the subscription only pages. If a subscriber opts to disable these cookies, the user will not be able to access all of the content that a subscription entitles them to.

2.2 Analytical and/or performance cookies - Some cookies analyse how our visitors use our Website and monitor performance of the Website. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This can help us to improve the way our Website works by ensuring that users are finding what they are looking for easily. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We might also use these cookies to highlight articles or services that we think will be of interest to you based on your usage of our Website.

2.3 Functionality cookies - We use functionality cookies to allow us to remember your preferences for your return visits to our Website. For example, cookies can save you the trouble of typing in your username every time you access our Website. This also enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

2.4 Behaviourally targeted advertising cookies - We use cookies to record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose anonymously. We do not tell third parties who you are.

3. Google cookies

3.1 We use Google Analytics to analyse the use of our Website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our Website is used to create reports about the use of our Website. Google will store and use this information. Google's privacy policy is available at www.google.com/privacypolicy.html.

3.2 We may publish Google Adsense interest-based advertisements on our Website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager available at www.google.com/ads/preferences. You can opt-out of the Adsense partner network cookie at www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at www.google.com/ads/preferences/plugin.

4. Does anyone else use cookies on the Website?

4.1 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

4.2 These cookies are likely to be analytical/performance cookies or targeting cookies. Advertisers for example sometimes use their own cookies to provide you with targeted advertising.

4.3 If you are based in the European Union and would like to learn more about how advertisers use these types of cookies or to choose not to receive them, please visi twww.youronlinechoices.eu. If you are based in the United States and would like to learn more, please visit www.aboutads.info/choices.

5. Can a website user block cookies?

5.1 The first time you access our Website, you should have seen an overlay which explained that by continuing to access our Website, you are consenting to our use of cookies.

5.2 Please remember that if you do choose to disable cookies, you may find that certain sections of our Website do not work properly. For example, you may have difficulties logging in or viewing articles.

5.3 If you are concerned about behaviourally targeted advertising cookies (which serve you advertisements based on your use of our websites), users based in the European Union can visit www.youronlinechoices.eu and users based in the US can visit www.aboutads.info/choices to opt out of these third party cookies.

5.4 You can disable cookies using your browser. The way in which you disable cookies will depend on the type of browser you use. Please refer to your browser information for further guidance.

6. More Information

More detail on how businesses use cookies is available at www.allaboutcookies.org.

 


 

5. Acceptable Use Policy

1. Prohibited uses

1.1 You may use our Website only for lawful purposes. You may not use our Website:

1.1.1 in any way that breaches any applicable local, national or international law or regulation;

1.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

1.1.3 for the purpose of harming or attempting to harm minors in any way;

1.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or

1.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

1.2 You also agree:

1.2.1 not to reproduce, duplicate, copy or re-sell any part of our Website including, without limitation, any advertisement (except as otherwise provided for in these terms);

1.2.2 not to access without authority, interfere with, damage or disrupt: (a) any part of our Website; (b) any equipment or network on which our Website is stored; (c) any software used in the provision of our Website; or (d) any equipment, network or software owned or used by any third party.

2. Content standards

2.1 These content standards apply to any and all material which you contribute to our Website (contributions) and to any interactive services associated with it.

2.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

2.3 Information provided or posted must:

2.3.1 be accurate and up to date (where they state facts);

2.3.2 be genuinely held (where they state opinions);

2.3.3 be relevant; and

2.3.4 comply with applicable law in the UK and in any country from which they are posted.

2.4 Information provided or posted must not:

2.4.1 contain any material which is defamatory of any person;

2.4.2 contain any swearing or any material which is obscene, offensive, hateful or inflammatory;

2.4.3 promote sexually explicit material;

2.4.4 promote violence;

2.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

2.4.6 infringe any copyright, database right or trademark;

2.4.7 be likely to deceive;

2.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

2.4.9 promote any illegal activity;

2.4.10 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

2.4.11 be threatening, abusive or invade another’s privacy or cause any annoyance, inconvenience or needless anxiety;

2.4.12 be likely to harass any other person;

2.4.13 be used to impersonate any person or to misrepresent your identity or affiliation with any person;

2.4.14 give the impression that they emanate from us, if this is not the case;

2.4.15 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;

2.4.16 be in contempt of court;

2.4.17 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or

2.4.18 contain any advertising or promote any services or web links to other websites.


 


 

6. Additional Terms for Trade Customers

All Moneys Retention of Title Conditions: Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of

(a) all Goods and/or Services the subject of the Contract and

(b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sums payable under the terms of this and all other contracts between the seller and the buyer.

 
 

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