Terms and Conditions
These Terms and Conditions govern your use of the Niche & Cult website and your relationship with us. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the site. By using the site you agree to be bound by these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.
1. Proprietary rights
1.1 The content of the Niche & Cult Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Niche & Cult Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Niche & Cult Site without written permission from us.
1.2 No licence is granted to you in these Terms and Conditions to use any trademark or service marks belonging to Niche & Cult
2. Prices and VAT (Sales Tax)
2.1 Our prices are stated in Pounds Sterling (£) and include Sales Tax (VAT) at the rate of 20%.
2.2 Our VAT Number in the UK is 110908643.
2.3 We clearly show you the price you have to pay for our products. If, by mistake, we have under-priced a product, we will not have to deliver that product to you at the stated price, provided that we tell you before we post the product. You can then decide if you still want the product.
3. Acceptance of your order
3.1 Our products are sold for personal use only. There will be no contract of any kind between you and us unless we actually dispatch the products to you. Your order (including payment) is an offer to buy from us, so nothing we do or say will amount to any acceptance of that offer until we actually send the product to you. At any point up until then, we may decide not to send the products to you and to give you a full refund. If an item is out of stock, we will let you know and unless you then request your payment be returned we will hold your payment until the product is next in stock. At the point when goods are dispatched (and not before), a contract will be made between you and us.
4. Cancellation and return
4.1 You have the right to cancel your order at any time up to 7 working days after the day following the delivery of the goods by contacting our Customer Services department by telephone, email or post. Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us; so please do not use or open any sealed packaging. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact Customer Services for more information on 01442800801.
4.2 If the products have already been posted to you (or on your behalf to any other person), you (or the other person) must return the products to us at the time of cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given. You should only return products once authorised by a Company representative to do so and you will be provided with the relevant returns address. When returning goods we recommend that you use recorded delivery, or obtain a proof of posting (a proof of posting can be obtained free of charge at any Post Office).
4.3 If your order is returned to us due to non-delivery, incorrect address, no one available to sign for and/or collect your goods, you will incur re-delivery charge(s). Refunds will not be given for goods that have been shipped and returned to the Niche & Cult Ltd for any of the foregoing reasons. Upon receipt, all goods will be examined. For hygiene reasons, we are unable to offer refunds, replacements or exchanges on any opened or used goods.
4.4 If you do not return the goods within 7 days of your cancellation, we will make a charge in respect of the cost of recovering the goods. If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the web site.
5. Availability of the Niche & Cult Site
5.1 We aim to offer you the best service we can but we cannot promise that all our products & services will meet your requirements. We make no guarantee that the Niche & Cult Site will be fault free. If you find a fault, please let us know by contacting firstname.lastname@example.org.
5.2 There will be some times when your access to the Niche & CultSite is restricted to allow for repairs, maintenance or improvements.
6. Liability of the Niche & Cult Site
6.1 The Niche & Cult Site are provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. If we are informed of any inaccuracies in the material on the Niche & Cult Site we will try to correct them as soon as we can.
6.2 In particular we are not liable to you for the following:
- Incompatibility of the Niche & Cult Site with any of your computer or telecommunications equipment or software
- Technical problems or errors or interruptions of the Niche & Cult Site
- Inadequacy of the Niche & Cult Site to meet your requirements
6.3 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Niche & Cult Site.
6.4 Nothing in these Terms and Conditions excludes liability for death or personal injury caused by our negligence or fraud.
7.1 We aim to deal with any complaints in a fair, confidential, swift and effective way. They should be directed via the ‘Contact Us’ page and should include full contact details in addition to your e-mail address together with order number where appropriate.
8.1 We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by you on registration or via a suitable announcement on the Niche & Cult Site. The changes will apply to the use of the Niche & Cult Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use theNiche & Cult Site. If you continue to use the Niche & Cult Site after the date on which the change comes into effect, your use of the Niche & Cult Site indicates your agreement to be bound by the new Terms and Conditions.
9.1 We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act.
9.2 We collect information about you for two reasons: firstly, to process your order and secondly to provide you with the best possible service.
9.3 We will not email you in future about our products and offers if you choose to opt-out (to opt-out, email us at email@example.com We will keep your information confidential and generally we will only use your information within Niche & Cult. However, we sometimes use third parties to provide services on our behalf, for example webmasters who maintain our websites.
9.4 The type of information we will collect about you includes:
Your name Address Phone number E-mail address. We do not see or hold any card payment, as we use a third party for this (Paypal). We have no access to your card details through our website
9.5 We will never collect sensitive information about you without your explicit consent.
9.6 The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the Trust UK Code.
10.1 We make no promise that materials on the Niche & Cult Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Niche & Cult Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Niche & Cult Site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.
10.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. Any contracts between you and us are concluded in English.
10.3 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
10.4 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
10.5 If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
10.6 We shall not be liable for any breach of these Terms and Conditions beyond our reasonable control.
10.7 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
10.8 We generally dispatch all orders within 2 working days. However, occasionally it may be longer, in which case we would notify you immediately. Goods are sent in the UK first class post and overseas, the most cost-effective form of airmail. Please allow up to a week for delivery once it has left us in the UK and up to 28 days for all overseas. Please be aware that it is your responsibility to give a correct delivery address where someone may need to be in to accept the delivery.
11. Contact Us:
Our contact details are as follows:
Niche & Cult Ltd
Unit 7 Quarry Industrial Estate
Tel: 01442 800801