TERMS & CONDITIONS
Basis of Sale
All orders placed on this Website are subject to acceptance in accordance with these Terms and Conditions. Your order becomes binding once we have accepted it. It is your responsibility to check that all details of your order, including specifications, measurements, dimensions, product features, access and delivery, are correct and suit your requirements prior to placing your order.
Please follow the onscreen instructions taking you through the process of placing an order on the Website. You place the order for your Products by pressing “Add to basket” and then “Check out with PayPal”, and in doing so you offer to buy the Products at the prices indicated as well as any applicable delivery charges.
An order acknowledgement email will be sent to you detailing the Products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Nielsen House.
We reserve the right to withdraw any from this Website at any time and/or remove or edit any materials or content on this Website. We may suspend or refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; provide your real name, phone number, email address, payment details via PayPal and other requested information; provide a valid delivery address in the United Kingdom (please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and possess a credit or debit card issued by a bank acceptable to us.
Order Acceptance Policy
Except for all orders of Furniture, Upholstery pieces and Bespoke Products, the acceptance of your order will take place on dispatch of the Products. Once we have accepted your order it become a binding Contract, subject to your rights of cancellation. Non-acceptance of an order by us will occur if the ordered Product is out of stock or unavailable; we identify a pricing or Product description error; or we are unable to obtain authorization for your payment.
If you have ordered Furniture, Upholstery pieces and/or Bespoke Products the acceptance of your order will occur when you receive a confirmation e-mail from us detailing your order. At this point you have 24 hours to notify us of cancellation after which time a 50% cancellation fee will be charged. Please be aware that the return of Furniture, Upholstery pieces and Bespoke Products is not possible.
Prices and Payment
Prices include VAT and exclude delivery charges unless otherwise stated.
All prices are correct at the time of entering but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
We reserve the right to reject any offer to purchase from a customer for any reason.
We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time of entering. Although we endeavor to keep the Website as up to date as possible, the information that appears at any given time may not always reflect the exact position at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order Acceptance Policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our Website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Amendments to these Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the Terms and Conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Nielsen House or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Warranties and Liability
Subject to the Terms set out we warrant that upon delivery the Products will correspond with their specifications, and will approximately correspond with the description given by us. Products will be free from defects provided that we shall be under no liability arising from: failure by any person, to follow our instructions (whether oral or in writing), inappropriate storage, improper use, further treatment of or process to the Products or any defect caused as a result of circumstances which are under your control.
Unless these Terms provide otherwise, any other warranty, condition or other Terms expressed or implied by statue, common law or otherwise is excluded save that nothing in these Conditions shall affect the statutory rights of a consumer, which cannot be excluded by law. In particular, we make no warranty as to the fitness of the Products for any particular purpose other than the normal purpose for which they were intended even if that purpose is stated in your order unless we specifically confirm in writing that the Products are fit for such a purpose. This exclusion includes recommendations or advice from us to you relating to a specific enquiry. You must satisfy yourself as to the fitness for the purpose for which the Products are intended.
Any claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with the specification shall be notified to us immediately upon discovery of the defect or failure and in any event any valid claim so made shall not be accepted by us unless made within 24 hours from the date of delivery of the Products. Any claim for items missing from your order must be made within 24 hours of the delivery date.
We shall not be liable to you nor be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, reduction in the availability of power at our works or those of our suppliers, breakdown of manufacturing or other equipment and unavailability of raw materials.
We do not accept liability for any defect in the Products, which has been specifically drawn to your attention before the Contract is made and/or where you have examined the Products before the Contract is made, and that examination ought to reveal any such defect. In all other cases you shall give us a reasonable opportunity to inspect the Products in the same condition as they were at delivery after discovery of the defect and liability will not be accepted unless this procedure is followed.
We do not accept liability for any indirect loss you may suffer.
Data Protection and Privacy
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you emails displaying our Products and services for market research.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Nielsen House, its agents and partners. We do not store credit card details.
If you do not wish to receive information about Nielsen House Products and services, please write to us at Nielsen House, River Mill, Staveley Mill Yard, Staveley, Cumbria LA8 9LR.
Risk and Title
All title, ownership and risk to the ordered Products will pass to you when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we will not be liable for them.
You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a Term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation.
If any provision contained in these Terms and Conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms and Conditions which shall remain in full force and effect.
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for Products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these Terms and Conditions or any related contract to any third party.
A failure by us to exercise or enforce any right conferred upon us by these Terms and Conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Dealing as a Business
These Terms and Conditions only apply if you are dealing with us as a consumer.
Our staff have a right to work in a non-threatening environment at all times. We reserve the right to refuse sale of any Products, Services and/or Contact with any individual or company whom displays threatening behaviour towards our staff.
All copyright, design rights and intellectual property rights existing in our Designs and Products and in the images, text and design of our Website/Marketing Material are and will remain the property of Nielsen House. We will treat any infringement of these rights seriously.