KEY DETAILS

This page together with the documents referred to within it (terms and conditions) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.nixs.co.uk to you.

Please read these terms and conditions carefully and understand them before ordering any Products from our website. You should understand that by ordering any of our Products, you accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from our website. You may print a copy of these terms and conditions for future reference. We are under a legal duty to supply goods in conformity with these terms and conditions of sale.

The set of Terms and Conditions of Sale on this page is the Terms and Conditions of Sale for Nix shop front, which applies to orders placed by consumers through the on-line Nix Shop.

T&Cs OF SALE FROM NIX SHOP

We operate our shop front from our NIX website. We are Glencarmo Limited, a company registered in England and Wales under company number 12361876 and with our registered office at Woodberry House, 2 Woodberry Grove, Finchley, London, N12 0DR, UNITED KINGDOM trading as NIX.

By placing an order through our website, you warrant that:

1. (a) you are legally capable of entering into binding contracts;
2. (b) you are at least 18 years old;
3. (c) you are a private individual and purchasing products in your capacity as such; and
4. (d) you are not purchasing products for the purpose of resale.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1. Your order is an offer to us to buy the Product(s) in your order. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (Order Confirmation). Please note that the Order Confirmation is acknowledgement that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product(s) has been dispatched (Dispatch Confirmation).

We may refuse to accept your order for any reason, including:

(a) where the Product is not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing or Product description error (see ‘Price and Payment’ below); or

(d) if you do not meet the eligibility criteria set out in ‘Your Status’ above.

2. The contract between us (Contract) will only be formed upon the earlier of i) when we send you the Dispatch Confirmation or Click and Collect Confirmation or ii) delivery of the Product(s). The parties to the Contract are you and NIX.

3. The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

OUR STATUS

We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third-party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third-party seller. If you would like information about your legal rights you should contact your local trading standards or Citizens Advice Bureau. We will notify you when a third-party is involved in a transaction, and we may disclose your personal information related to that transaction to the third-party seller.

COOLING – OFF PERIOD / RIGHT TO RETURN

1. You may cancel the Contract and return your products for any reason within 14 days of receiving the order. Details of your statutory right and your right to cancel are provided in the Delivery Confirmation and in our Returns Policy on our website.
2. It is your responsibility to take reasonable care of the Product(s). The Product(s) must be returned in the original condition, unopened with the seal intact, along with any free items and any other components. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
3. To cancel the Contract, you may contact us via our website or in writing to us at customer-services@nixs.co.uk. You will then be given details of how to return or arrange collection of the Product(s). Please note, collection will only be available from the original delivery address and returns will only be free of charge when sent from the United Kingdom. You must retain proof of despatch.
4. If your product is defective, please see the Returns Policy section below.

AVAILABILITY AND DELIVERY

1. We can deliver anywhere in the United Kingdom and that includes mainland Great Britain or Northern Ireland.
2. We will deliver the Product(s) to the delivery address you specify in your order.
3. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us by emailing our admin team at admin@nixs.co.uk. Please state your Membership number, order number where appropriate and any other details that will help us respond to you as quickly and effectively as possible.
4. Delivery timescales in relation to pre-order items are estimated and may be subject to change because of manufacturing delays. Any delay to your delivery of pre-ordered products will be communicated to you in advance.
5. We endeavour to dispatch orders within 1 day of confirmed payment. Products will be sent via courier for next day delivery in UK Mainland Only. All shipments are processed through the working week (Monday-Friday), all orders placed through the weekend will be shipped on Monday. Deliveries will need to be signed for. In the unlikely event of a delay with delivery we will contact you with further information.
6. If you order before 3pm you will receive your item, the next working day. Depending on the circumstances and the carrier's policy, the Customer may find a note of passage i.e., "left card". If the courier has left a note, the Customer will need to call the carrier to arrange a new delivery date. If the Customer does not find a note, it is the Customer's responsibility to track his/her orders online, or on the carrier's website, to receive information on it as soon as possible.
7. For NIX to officially declare a parcel lost, the Customer has ten business days to declare the loss of a parcel starting from the date he or she received the dispatch confirmation e-mail. If the parcel was declared as lost within the above-mentioned time, NIX will attend to making a claim with the deliverer. NIX may eventually need from the Customer additional documents to complete the claim process. In this situation the Customer will then need to send the information as soon as possible.

RISK AND TITLE

1. The Products will be your responsibility from the time of delivery.
2. Ownership of the Product(s) will only pass to you on the later of either i) delivery or ii) when we receive full payment of all sums due in respect of the Products, including delivery charges.
3. By signing for your order it is an acknowledgement of acceptance of the items.

PRICE AND PAYMENT

1. The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include VAT at the prevailing rate.
2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
3. Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
4. Payment can be made using all major credit and debit cards (American Express, Maestro, Mastercard, Visa Credit, and Visa Debit) and it is collected on our behalf by Klarna. Payment will be taken at the time of purchase or shortly after, unless you are pre-ordering, in which case payment will be taken within 28 days of you placing your order.

RETURNS POLICY

1. If you wish to return a Product to us you may contact us via ‘Contact Us’ on our website or by email at customer-services@nix.co.uk. You will then be informed of details of how to return or arrange collection of the Product(s). Please note, collection will only be available from the original delivery address and returns will only be free of charge when sent from the United Kingdom.

2. If you are returning a Product to us because you have cancelled the Contract between us within the 14-day period (see above), we will process the refund due to you as soon as possible after collection of the Product from you. Where you are entitled to a refund, we will refund the price of the Product in full.
3. Subject to the terms below, if you believe that a Product you have ordered from us is defective, you should contact us via our Contact page on our website. Or alternatively by email to customer-services@nixs.co.uk. We will advise you of the appropriate steps to take. If you notify us within 30 days of delivery or collection of the Product that the product is defective, you will have the option to select a repair, an exchange, or a refund. If a fault is found after 30 days from delivery or collection of the Product, you should contact us via our Contact page on our website, with full details of the order and the defect. Or alternatively by email to customer-services@nixs.co.uk.
4. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation and return the Products to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the Product must be in 'as new' condition and unopened in the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is deemed to have been opened or damaged.
5. We will usually make any refunds using the same method originally used by you to pay for your purchase.
6. We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our website are intended for domestic use only and are not for commercial use or resale. Please do not remove the serial number.
7. This Returns Policy does not affect your statutory rights.

PRODUCT WARRANTIES

Details of the manufacturer’s warranty can be found with the documentation that comes with your product. Registration may be required to benefit from the warranty or any extended warranty.

FAULTY PRODUCTS

If your item develops a fault within 28 days of receipt, please contact us you should contact us via our Contact page on our website, with full details of the order and the defect. Or alternatively by email to customer-services@nixs.co.uk to advise us of the fault. We will then provide you with a full refund or where stock of the same type and grade is available, offer to exchange the item for the same model.

OUR LIABILITY

1. Nothing in these terms and conditions excludes or limits our liability for:
   1. (a) death or personal injury caused by our negligence;
   2. (b) fraud or fraudulent misrepresentation;
   3. (c) any breach of the obligations implied by the Consumer Rights Act 2015, section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
   4. (d) our obligations in respect of defective products under the Consumer Protection Act 1987;
   5. (e) any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract; or
   6. (f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All formal legal notices given by you to us must be given in writing to Woodberry House, 2 Woodberry Grove, Finchley, London, N12 0DR, UNITED KINGDOM. (FAO: Executive Office). We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

1. The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OF OUR CONTROL

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
   1. strikes, lock-outs or other industrial action;
   2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
   3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
   4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
   5. impossibility of the use of public or private telecommunications networks
   6. the acts, decrees, legislation, regulations or restrictions of any government; and
   7. pandemic or epidemic.

3. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 'Notices' above.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

1. We have the right to revise and amend these terms and conditions from time to time by posting them on our website.
2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

OUR WEBSITE

1. We own or are licensed users of all intellectual property rights in our website and all material and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.
2. Our website is provided on an 'as is' and 'as available' basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.
3. While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.

DATA PROTECTION AND PRIVACY

Your data protection and privacy rights are set out in our Privacy Policy.

THIRD PARTY

A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

ENTIRE AGREEMENT

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

INFORMATION ABOUT US

We operate the website NIX at https://nixs.co.uk/. We are Glencarmo Limited, trading as NIX, a company registered in England and Wales under company number 12361876 and with our registered office at Woodberry House, 2 Woodberry Grove, Finchley, London, N12 0DR, UNITED KINGDOM.

SERVICE AVAILABILITY

We do not accept orders from addresses outside the United Kingdom nor do we accept orders for delivery to addresses outside mainland Great Britain or Northern Ireland.