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Terms & Conditions


1.INTRODUCTION
1.1.This
document (together with any documents referred to in it) tells you the
terms and conditions upon which we sell and supply the 
goods and services
 (the '
Products
') listed on this website (the 'Website') to you. 
1.2.Before confirming your order please:
1.2.1.Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2.Print a copy for future reference. 
1.2.3.Read our privacy policy regarding your personal information.
1.3.By ordering any of the 
Products
 listed
on this Website, you agree to be legally bound by these Conditions. You
will be unable to proceed with your purchase if you do not accept these
terms and conditions as may be modified or amended and posted on this
Website from time to time.
1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your
continued use of the Website (or any part thereof) following a change
shall be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether we have changed
these Conditions.
2.ABOUT US
2.1.This Website is owned and operated by Mark Nichols & Co Ltd ('we'/'us'/'our'), a limited company registered in 
England and Wales
 under company number: 08427871 having our registered office at 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR 
3.COMMUNICATIONS
3.1.You
agree that email and other electronic communications can be used as a
long-distance means of communication and 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.
3.2.We will contact you by email or provide you with information by posting notices on our Website.
4.OVERSEAS ORDERS
4.1.Our
Website is only intended for use by customers resident in England,
Wales, Scotland and Northern Ireland (the United Kingdom).
4.2.We
will not accept orders for goods from individuals located outside the
United Kingdom. We may agree to provide our services if you are resident
in the European Economic Area (EEA), subject to reserving a right to
amend the specifications or standards of the services offered on the
Website and/or these Conditions or to refuse to accept an order for our
services from you, if it will put an excessive strain on our business or
if we have an objective reason for doing so. If we accept your order,
you will be liable to pay for all and any additional costs that we incur
in order to facilitate your order. You will have an opportunity to
cancel your order in case the additional costs are not acceptable.
4.3.If we agree to supply any services ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods).
Please note that we have no control over these charges and cannot
predict their amount. Please contact your local customs office or
taxation authority for further information before placing your order.
4.4.Please
note that when shipping products internationally, you should be aware
that cross-border shipments are subject to opening and inspection by
customs authorities. 
4.5.You must comply with all applicable laws and regulations of the country for which the services are destined. We will not be liable for any breach by you of any such laws.
5.REGISTRATION
5.1.When
registering on the Website you must choose a username and password. You
are responsible for all actions taken under your chosen username and
password. 
5.2.By registering on the Website you undertake:
5.2.1.That all the details you provide to us for the purpose of registering on the Website and purchasing the 
Products
 are true, accurate, current and complete in all respects
5.2.2.To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3.That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the 
Products
 from this Website in conjunction with and under their supervision
5.2.4.To only use the Website using your own username and password
5.2.5.To make every effort to keep your password safe 
5.2.6.Not to disclose your password to anyone 
5.2.7.To change your password immediately upon discovering that it has been compromised 
5.2.8.To
neither transfer or sell your username or password to anyone, nor
permit, either directly or indirectly, anyone other than you to use them
5.3.You
authorise us to transmit your name, address and other personal
information supplied by you (including updated information) to obtain
information from third parties about you, including, but not limited to,
credit reports and so that we may authenticate your identity.
5.4.We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if: 
5.4.1.You fail to make any payment to us when due
5.4.2.You breach these Conditions (repeatedly or otherwise) 
5.4.3.You are impersonating any other person or entity
5.4.4.When
requested by us to do so, you fail to provide us within a reasonable
time with sufficient information to enable us to determine the accuracy
and validity of any information supplied by you, or your identity 
5.4.5.We
suspect you have engaged, or are about to engage, or have in anyway
been involved, in fraudulent or illegal activity on the Website
6.ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1.To be eligible to purchase the 
Products
 on this Website and lawfully enter into and form contracts with us, you must:
6.1.1.Be 18 years of age or over
6.1.2.Be legally capable of entering into a binding contract
6.1.3.Provide
full details of an address in the United Kingdom for delivery of goods
and, if purchasing services, an address in the United Kingdom or the
European Economic Area (if you reside in the EEA)
6.2.If
you are under 18, you may only use the Website in conjunction with, and
under the supervision of, a parent or guardian. If you do not qualify,
you must not use our Website. 
7.PRICE
7.1.The prices of the 
Products
 are quoted on the Website. 
7.2.Prices
quoted for delivery (in the case of goods) and for performance (in the
case of services) are for the United Kingdom unless otherwise specified.
7.3.Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs (in the case of goods).
The delivery costs will be added to the total amount due from you at
their current rate. Details of our delivery charges can be located on
our Website.  
7.4.We
reserve the right, by giving notice to you at any time before delivery
or performance of our obligations to you, to increase the price of the 
Products
 to
reflect any increase in the cost to us due to any factor beyond our
control (such as without limitation, any foreign exchange fluctuation,
significant increase in the costs of labour, materials or other costs of
manufacture). In the unlikely event of this occurring, you shall be
entitled to cancel the order at any time before 
delivery of the goods and/or we have commenced providing the services.
8.PAYMENT
8.1.
Payment
can be made by any major prepay, credit or debit card or through an
electronic payment account as explained on the order form.
8.2.However, we do not accept the following:
8.2.1.Diners.
8.2.2.Electron.
8.3.By placing an order, you consent to payment being charged to your 
prepay/debit/credit
 card account or electronic payment account as provided on the order form.
8.4.Payment will be debited and cleared from your account before the 
dispatch of the goods or provision of the service
 to you.
8.5.When
you pay for your order by card, we carry out certain checks which
include obtaining authorisation from your card issuer to ensure you have
adequate funds and for security reasons. This may involve validating
your name, address and other personal information supplied by you during
the order process against appropriate third party databases including
the card issuer, registered credit reference agencies and fraud
prevention agencies. 
8.6.By accepting these Conditions you:
8.6.1.Undertake that all the details you provide to us for the purpose of purchasing the 
Products
 are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the 
Products
 ordered
8.6.2.Undertake that any and all 
Products
 ordered by you are for your own private or domestic use only and not for resale
8.6.3.Authorise
us to transmit the payment and delivery information provided by you
during the order process (included any updated information) for the
purpose of obtaining authorisation from your card issuer to ensure you
have adequate funds, to authenticate your identity, to validate your
payment card and for other security reasons, such as fraud prevention
8.7.We shall contact you should any problems occur with the authorisation of your card.
8.8.We
will take all reasonable care, in so far as it is in our power to do
so, to keep the details of your order and payment secure, but in the
absence of negligence on our part, we cannot be held liable for any loss
you may suffer if a third party procures unauthorised access to any
data you provide when accessing or ordering from our Website.
9.ORDER PROCESS AND FORMATION OF A CONTRACT
9.1.All orders are subject to acceptance and availability. If any 
Products
 ordered
are not available, you will be notified by email and you will have the
option either to wait until the item is available or to cancel your
order. It is your responsibility to provide us with a valid email
address so that we can contact you if necessary. 
9.2.Any order placed by you constitutes an offer to purchase the 
Products
 from
us. All such offers received from you are subject to acceptance by us
and we reserve the right to refuse any order placed by you at any time
prior to acceptance, without providing an explanation. 
9.3.You
shall be responsible for ensuring the accuracy of the details provided
by you during the order process and we will not accept an order unless
all details requested from you have been entered correctly.
9.4.You
agree that if we contact you to acknowledge receipt of your order such
communication shall not amount to our acceptance of your offer to
purchase the 
Products
 ordered by you from the Website.
9.5.A
contract between you and us (the 'Contract') incorporating these
Conditions will only subsist after we have debited your payment card and
have confirmed that we 
have
dispatched the goods and/or shall be providing the requested service
and, where appropriate, have made it available to be downloaded
.
We will send you an email to confirm this (a 'Confirmation Notice').
The Confirmation Notice will amount to an acceptance of your offer to
buy the 
Products
 from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6.Where we agree to supply 
Products
 to
you permanently or on an ongoing (continuous) basis, such as by
subscription, they shall be provided for a minimum fixed period of time
(the 'Minimum Duration'). The length of the Minimum Duration will depend
on which package or product you have selected to purchase and is
provided on the Website. 
9.7.The Contract will relate only to the 
Products
 stated in the Confirmation Notice. We will not be obliged to supply any other 
Products
 which may have been part of your order until we have sent you a separate Confirmation Notice relating to it. 
9.8.You
must check that the details contained in the Confirmation Notice are
correct and you should print out and keep a copy of it. 
9.9.You will be subject to the version of our policies and Conditions in force at the time that you order the 
Products
 from us, unless:
9.9.1.Any change to those policies or these Conditions is required to be made by law or governmental authority 
9.9.2.We
notify you of any change to our policies or these Conditions before we
send you the Confirmation Notice, in which case, we are entitled to
assume that you have accepted it, unless we receive written notification
from you to the contrary within seven working days of receipt of the
Confirmation Notice
10.DELIVERY
10.1.The 
Products
 will
be delivered to you at the address you provided during the order
process which may be an address other than the billing address, but
please note that extra documentation may be needed to comply with such
orders. 
We
may where appropriate and at our option, deliver all or part of the
services, to the email address you supplied on registration or such
other email address that we agree to use to communicate with you.
10.2.We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it. 
10.3.All goods must be signed for by an adult aged 18 years or over on delivery.
10.4.Any dates quoted for 
delivering the goods and/or completing performance of the service
 are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.  
10.5.We shall not be liable for any delay in 
delivering the goods and/or completing performance of the service
, however caused.
10.6.The 
Products
 may be sent to you in instalments.
10.7.For
Christmas deliveries, we recommend that you check our Website for the
last date of delivery. We will endeavour to dispatch all 
goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
11.RISK AND TITLE
11.1.The goods will be at your risk from the time of delivery.
11.2.Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of goods).
12.CANCELLING YOUR CONTRACT AND RETURNS
12.1.Cancelling before receiving a Confirmation Notice
12.1.1.You may cancel your order for the 
Products
 at
any time prior to receiving a Confirmation Notice from us so long as
you contact us in writing. You can send us a cancellation notice by
sending an email to 
office@mark-nichols.net or a letter to 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR. Your cancellation notice must quote your name, address, the name or a description of the 
Products
 and your order reference number. 
12.2.Cancellation after receiving a Confirmation Notice
Goods
12.2.1.You are entitled to cancel your Contract at any time prior to receiving the goods so long as you provide us with written notice or, if you have received the goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the goods. You can send your cancellation notice by email to office@mark-nichols.net or a letter to 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number. 
12.2.2.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own cost and risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you.
12.2.3.The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst
they are in your possession. If you fail to comply with this
obligation, we may have a right of action against you for compensation.
Services 
12.2.4.You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 12.3,
to items that are available to be downloaded. However, you will no
longer have a right to cancel if, with your agreement, we have already
commenced providing the 
services to you before this period of time expires. We shall be deemed to have already commenced providing the services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.
12.2.5.You may notify us of your wish to cancel by sending us a cancellation notice to office@mark-nichols.net or a letter to 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR. Your cancellation notice must quote your name, address, the name or a description of the 
Products
 and your order reference number.
12.2.6.Upon
receiving your cancellation notice, we will contact you providing any
necessary instructions which you will be required to follow.
12.2.7.So long as you have complied with your obligations under this clause, we will refund the purchase price but not the cost of delivery (if any) to you by crediting the payment card you used to purchase the 
Products
.
12.3.Exception to the right to cancel
You will not have a right to cancel an order for 
goods and services
 purchased from us, in the following situations:
12.3.1.If you expressly agree to us beginning to provide any services before the end of the cancellation period.  
12.3.2.The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
12.3.3.The
Contract is for goods and/or services the price of which is dependent
on fluctuations in the financial market which cannot be controlled by us
12.3.4.The Contract is for the sale of land or financial services
12.3.5.The Contract is for the sale of 
goods and services
 by auction 
12.3.6.The Contract is for the supply of:
12.3.6.1.Audio or video recordings and computer software if unsealed by you
12.3.6.2.Audio
or video recordings and software and other items that you have
successfully downloaded where a free trial or demonstration was
available to you to view or download  
12.3.6.3.Newspapers, magazines and other periodicals
12.3.6.4.Gaming, betting and lottery services
12.4.Damaged, faulty or wrongly delivered goods
12.4.1.We
will offer you a refund of the full purchase price, including the cost
of delivery for sending the goods to you, and the cost of returning the 
goods to us, provided that you return the goods to us and the conditions set out in paragraph 12.5.2. are met. We must also be reasonably satisfied that:
12.4.1.1.the goods have not suffered damage after delivery;
12.4.1.2.the goods have not been misused or used other than in accordance with the instructions; and
12.4.1.3.the problem is not due to normal wear and tear.
12.4.2.In addition to the requirements of paragraph 12.5.1, the goods in terms of which you are claiming a refund must have: 
12.4.2.1.been damaged on delivery; 
12.4.2.2.been delivered in a faulty condition;
12.4.2.3.have been delivered to you in error.
12.4.3.Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).
12.4.4.Sometimes
the product specifications from the manufacturer may change, in which
case, if you request a replacement, we will do our best to offer you a
substitute of the same or better quality at the same price. If you are
not happy with the replacement, you can return the 
goods to us.
12.4.5.In
order to claim a refund or replacement item please send us a
cancellation notice as soon as you become aware of a problem and no
later than 
7 working days after receipt or the fault developing by email to office@mark-nichols.net or a letter to 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR. Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number. 
12.4.6.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.
12.5.Incorrectly priced or described 
Products
12.5.1.Whilst
we try and ensure that all the information on our Website is accurate,
errors may occur. In the unlikely event that the price and/or
description of an item listed on the Website has been incorrectly
advertised, we will not be under any obligation to sell or provide
those 
Products
 to you.
12.5.2.If
we discover the error before sending you a Confirmation Notice we will
at our discretion, either reject your order and notify you of such
rejection, or inform you as soon as possible and give you the option of
cancelling your order or reconfirming it at the correct price and/or
description. If we give you the option of cancelling your order or
reconfirming it at the correct price and/or description but either
cannot contact you or do not receive your response within 14 days of
sending you notification (whether or not you receive it), we will reject
your order. 
12.5.3.If
we discover the error after sending you a Confirmation Notice we may,
at our discretion and without incurring any liability to you, cancel the
Contract provided that the error is, in our reasonable opinion, obvious
and unmistakable and could have reasonably been recognised by you. We
will notify if we cancel the Contract.
12.5.4.If your order is cancelled or rejected and you have already paid for the 
Products
, you will receive a full refund in accordance with clause 12.7 
12.6.Delivery by instalments
12.6.1.The 
Products
 may
be sent to you in instalments. You may cancel the outstanding part of
your order and receive a refund, if you have already paid, of the
purchase price of the outstanding 
Products
 in accordance with clause 12.7
12.7.Processing refunds
Goods
12.7.1.We will examine any returned goods and
will notify you about your refund or replacement item via email within a
reasonable period of time. We will usually process a refund or delivery
of a replacement item as soon as possible and, in any case, within 30
days of the day we confirmed to you via email that you are entitled to
it. Refunds will be made by crediting the payment card or electronic
payment account you used to purchase the 
goods.
12.7.2.We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are
found to have suffered damage after delivery or have been misused or
used other than in accordance with the instructions or if the problem is
due to normal wear and tear or if the 
goods have not been returned with its original packaging. This does not affect your statutory rights.
Services
12.7.3.We
will notify you about your refund via email within a reasonable period
of time. We will usually process a refund as soon as possible and, in
any case, within 30 days of the day we confirmed to you via email that
you are entitled to a refund. Refunds will be made by crediting the
payment card or electronic payment account you used to purchase the 
services.
13.COMPLAINTS
13.1.If you have a comment, concern or complaint about any 
Products
 you have purchased from us, please contact us via email at office@mark-nichols.net or by post at 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR.
14.INTELLECTUAL PROPERTY
14.1.The
content of the Website is protected by copyright (including design
copyrights), trade marks, patent, database and other intellectual
property rights and similar proprietary rights which include, (without
limitation), all rights in materials, works, techniques, computer
programs, source codes, data, technical information, trading business
brand names, goodwill, service marks utility models, semi-conductor
topography rights, the style or presentation of the goods or services,
creations, inventions or improvements upon or additions to an invention,
confidential information, know-how and any research effort relating to 
Mark Nichols & Co Ltd moral
rights and any similar rights in any country (whether registered or
unregistered and including applications for and the right to apply for
them in any part of the world) and you acknowledge that the intellectual
property rights in the material and content supplied as part of the
Website shall remain with us or our licensors.
14.2.You
may download or copy the content and other downloadable items displayed
on the Website subject to the condition that the material may only be
used for personal non-commercial purposes. Copying or storing the
contents of the Website for other than personal use is expressly
prohibited.
14.3.You
may retrieve and display the content of the Website 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 Website.
14.4.You
acknowledge that any other use of the material and content of this
Website is strictly prohibited and you agree not to (and agree not to
assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative
works from such material and content.
14.5.No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6.
Products
 sold
by us and Website content may be subject to copyright, trade mark or
other intellectual property rights in favour of third parties. We
acknowledge those rights.
15.WEBSITE USE
15.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.
16.LIABILITY AND INDEMNITY
16.1.Notwithstanding
any other provision in the Conditions, nothing will affect or limit
your statutory rights; or will exclude or limit our liability for:
16.1.1.Death or personal injury resulting from our negligence
16.1.2.Fraud or fraudulent misrepresentation
16.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987
16.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
16.2.The
Website is provided on an 'as is' and 'as available' basis without any
representation or endorsement made and we make no warranties or
guarantees, whether express or implied, statutory or otherwise (unless
otherwise expressly stated in these Conditions or required by law) in
relation to the information, materials, content or services found or
offered on the Website for any particular purpose or any transaction
that may be conducted on or through the Website including but not
limited to, implied warranties of non-infringement, compatibility,
timeliness, performance, security, accuracy, condition or completeness,
or any implied warranty arising from course of dealing or usage or trade
custom. 
16.3.We will not be liable if the Website is unavailable at any time.
16.4.We
make no representation or warranty of any kind express or implied
statutory or otherwise regarding the availability of the Website or that
it will be timely or error-free, that defects will be corrected, or
that the Website or the server that makes it available are free of
viruses or bugs.
16.5.We
will not be responsible or liable to you for any loss of content or
material uploaded or transmitted through the Website and we accept no
liability of any kind for any loss or damage resulting from action taken
in reliance on material or information contained on the Website.
16.6.We
cannot guarantee and cannot be responsible for the security or privacy
of the Website and any information provided by you. You must bear the
risk associated with the use of the internet. In particular, we will not
be liable for any damage or loss caused by a distributed
denial-of-service attack, any viruses trojans, worms, logic bombs,
keystroke loggers, spyware, adware or other material which is malicious
or technologically harmful that may infect your computer, peripheral
computer equipment, computer programs, data or other proprietary
material as a result of your use of the Website or you downloading any
material posted or sold on the Website or from any website linked to it.
16.7.We
will use all reasonable endeavours to carry out our obligations within a
reasonable period of time but will not be liable to you for any loss,
costs or expenses arising directly or indirectly from any delays in
doing so.
16.8.We will not be liable, in contract or tort (including,
without limitation, negligence), or in respect of pre-contract or other
representations (other than fraudulent misrepresentations) or otherwise
for:
16.8.1.any
economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings and any other
consequential loss); or
16.8.2.any loss of goodwill or reputation; or
16.8.3.any special or indirect losses; or
16.8.4.any loss of data; or
16.8.5.wasted management or office time; or
16.8.6.any
other loss or damage of any kind suffered or incurred arising out of or
in connection with the provision of any matter under these Conditions
and/or the Contract and/or the use of this Website or any aspect related
to your purchase of the 
Products
 even
if such losses are foreseeable or result from a deliberate breach of
these Conditions by us that would entitle you to terminate the Contract
between us or as a result of any action we have taken in response to
your breach of these Conditions. Without prejudice to the terms of this
clause and in the event that we are unable to rely upon it, our
liability for all and any losses you suffer as a result of us breaking
the Contract, whether or not deliberate, including those listed in
clauses 
16.8.1 to 16.8.6, is strictly limited to the purchase price of the 
Products
 you purchased.
16.9.You
agree to fully indemnify, defend and hold us, and our officers,
directors, employees and suppliers, harmless immediately on demand, from
and against all claims, including but not limited to losses (including
loss of profit, revenue, goodwill or reputation), costs and expenses,
including reasonable administrative and legal costs, arising out of any
breach of these Conditions by you, or any other liabilities arising out
of your use of this Website or any other person accessing the Website
using your personal information with your authority.
16.10.This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
17.FORCE MAJEURE
17.1.We
shall have no liability for delays or failures in delivery or
performance of our obligations to you resulting from any act, events,
omissions, failures or accidents that are outside of our control ('Force
Majeure'), which, without limitation, include:
17.1.1.Strikes, lock-outs or other industrial action
17.1.2.Shortages of labour, fuel, power, raw materials
17.1.3.Late, defective performance or non-performance by suppliers 
17.1.4.Private or public telecommunication, computer network failures or breakdown of equipment
17.1.5.Civil
commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
17.1.6.Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
17.1.7.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.1.8.Acts, decrees, legislation, regulations or restrictions of any government
17.1.9.Other causes, beyond our reasonable control 
17.2.Our
performance will be deemed to be suspended for the period that the
event of Force Majeure continues, and we will have an extension of time
for performance for the duration of that period. We will use our
reasonable endeavours to minimise any delay caused by Force Majeure or
to find a solution by which our obligations may be performed despite the
Force Majeure event. We shall promptly notify you of any Force Majeure
event giving details of it and (where possible) the extent and likely
duration of any delay.
17.3.Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days
from the date of notice to you of the event of Force Majeure, either
you or us may, by written notice to the other, terminate the Contract
with immediate effect upon service.
18.PRIVACY POLICY
18.1.In order to monitor and improve customer service, we sometimes record telephone calls.
18.2.We
shall be entitled to process your data in accordance with the terms of
our Privacy Policy. Please view this document for further information.
All information provided by you will be treated securely and in
accordance with the Data Protection Act 1998 (as amended). 
18.3.You can find full details of our Privacy Policy on the Website.
19.THIRD PARTY RIGHTS
19.1.Except
for our affiliates, directors, employees or representatives, a person
who is not a party to the Contract has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of the Contract
but this does not affect any right or remedy of a third party that
exists or is available apart from that Act. 
20.EXTERNAL LINKS
20.1.To
provide increased value and convenience to our users, we may provide
links to other websites or resources for you to access at your sole
discretion and risk. You acknowledge and agree that, as you have chosen
to enter the linked website we are not responsible for the availability
of such external sites or resources, and do not review or endorse and
are not responsible or liable in any way, whether directly or
indirectly, for:
20.1.1.The privacy practices of such websites
20.1.2.The
content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on
or available from such websites or resources 
20.1.3.The use which others make of these websites; or
20.1.4.Any
damage, loss or offence caused or alleged to be caused to you, arising
from or in connection with the use of or reliance upon any such
advertising, content, products, goods, materials or services available
on and/or purchased by you from such external websites or resources
21.LINKING TO THE WEBSITE
21.1.You
must not create a link to the Website from another website, document or
any other source without first obtaining our prior written consent.
21.2.Any agreed link must be:
21.2.1.To the Website's homepage
21.2.2.Established
from a website or document that is owned by you and does not contain
content that is offensive, controversial, infringes any intellectual
property rights or other rights of any other person or does not comply
in any way with the law in the UK and the law in any country from which
they are hosted
21.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
21.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
21.3.We
have no obligation to inform you if the address of the Website home
page changes and it is your responsibility to ensure that any link you
provide to our homepage is at all times accurate.
21.4.We
reserve the right to withdraw our consent without notice and without
providing any reasons for withdrawal. Upon receiving such notice you
must immediately remove the link and inform us once this has been done.
22.NOTICES
22.1.All notices given by you to us must be given to us at 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR or by using office@mark-nichols.net. We may give notice as described in clause 3
22.2.Notice
will be deemed received and properly served immediately when posted on
our Website, 24 hours after an email 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 a letter, that such letter
was properly addressed, stamped and placed in the post and, in the case
of an email, that such email was sent to the specified email address of
the addressee.
23.ENTIRE AGREEMENT
23.1.The
Contract represents the entire agreement between us in relation to the
subject matter of the Contract and supersede any prior agreement,
understanding or arrangement between us, whether oral or in writing.
23.2.We
each acknowledge that, in entering into a Contract, neither of us has
relied on any express or implied representation, undertaking or promise
given by the other from anything said or written in any negotiations
between us prior to such Contract except as has been expressly
incorporated in such Contract.
23.3.Neither
of us shall have any remedy in respect of any untrue statement made by
the other, whether orally or in writing, prior to the date of any
Contract (unless such untrue statement was made fraudulently) and the
other party's only remedy shall be for breach of contract as provided in
these Conditions.
24.GENERAL
24.1.We
reserve the right to change the domain address of this Website and any
services, products, product prices, product specifications and
availability at any time. 
24.2.All prices and descriptions supersede all previous publications. All product descriptions are approximate. 
24.3.Every
effort is made to keep information regarding stock availability on the
Website up to date. However, we do not guarantee that this is the case,
or that stock will always be available.
24.4.If
any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of the Contract and the remainder of
the provision in question will not be affected.
24.5.All Contracts are concluded and available in English only. 
24.6.If
we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under it 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 shall not
constitute a waiver of such rights or remedies and shall not relieve you
from compliance with your obligations.
24.7.A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8.No
waiver by us of any of these Conditions or of any other term of a
Contract shall be effective unless it is expressly stated to be a waiver
and is communicated to you in writing in accordance with clause 
3
24.9.Any
Contract between you and us is binding on you and us and on our
respective successors and assigns. 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. We may
transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any
time during the term of the Contract.
25.GOVERNING LAW AND JURISDICTION
25.1.The Website is controlled and operated in the United Kingdom. 
25.2.Every purchase you make shall be deemed performed in 
England and Wales
25.3.The
Conditions and any Contract brought into being as a result of usage of
this Website will be governed by the laws of England and Wales and you
irrevocably agree to submit to the exclusive jurisdiction of the courts
of England and Wales.

Website - terms and conditions of use
Please
read these terms and conditions carefully as they contain important
information about your rights and obligations when using this website
(the 'Website') and in particular clause 
10.3
The Website is owned and operated by Mark Nichols & Co Ltd ('we'/'us'/'our'), a limited company registered in 
England and Wales
 under company number: 08427871 having our registered office at 2 Thorley High Thorley Street Bishops Stortford Herts CM23 4AR 
The term 'you' refers to the user or viewer of our Website.
By
browsing on or using the Website you are agreeing to comply with and be
bound by these terms and conditions which, together with our privacy
policy, governs our relationship with you regarding the use of our
Website.
1.ACCESS
1.1.You
will be able to access parts of the Website without having to register
any details with us. However, from time to time certain areas of this
Website may be accessible only if you are a registered user.
1.2.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 these terms, and that they comply with them. 
1.3.We
make reasonable efforts to ensure that this Website is available to
view and use 24 hours a day throughout each year however, this is not
guaranteed. The Website may be temporarily unavailable at anytime
because of: server or systems failure or other technical issues; reasons
that are beyond our control; required updating, maintenance or repair.
1.4.Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2.REGISTERING ON THIS WEBSITE
2.1.When
registering on the Website you must choose a username and password. You
are responsible for all actions taken under your chosen username and
password. 
2.2.By registering on the Website you undertake:
 
2.2.1.That
all the details you provide to us for the purpose of registering on the
Website are true, accurate, current and complete in all respects
2.2.2.You will notify us immediately of any changes to the information provided on registration
2.2.3.You
are over 18 or if under 18 you have a parent or guardian's permission
to register with the Website in conjunction with and under their
supervision
2.2.4.To only use the Website using your own username and password
2.2.5.To make every effort to keep your password safe 
2.2.6.Not to disclose your password to anyone 
2.2.7.To change your password immediately upon discovering that it has been compromised 
2.2.8.To
neither transfer or sell your username or password to anyone, nor
permit, either directly or indirectly, anyone other than you to use them
2.3.You
authorise us to transmit your name, address and other personal
information supplied by you (included updated information) to obtain
information from third parties about you, including, but not limited to,
credit reports and so that we may authenticate your identity.
3.ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1.To be eligible to purchase the 
Products
 on this Website and lawfully enter into and form contracts with us, you must:
3.1.1.Be 18 years of age or over
3.1.2.Be legally capable of entering into a binding contract
3.1.3.Provide
full details of an address in the United Kingdom for delivery of goods
and, if purchasing services, an address in the United Kingdom or the
European Economic Area (if you reside in the EEA)
3.2.If
you are under 18, you may only use the Website in conjunction with, and
under the supervision of, a parent or guardian. If you do not qualify,
you must not use our Website.
4.INTELLECTUAL PROPERTY
4.1.The
content of the Website is protected by copyright (including design
copyrights), trade marks, patent, database and other intellectual
property rights and similar proprietary rights which include, (without
limitation), all rights in materials, works, techniques, computer
programs, source codes, data, technical information, trading business
brand names, goodwill, service marks utility models, semi-conductor
topography rights, the style or presentation of the goods or services,
creations, inventions or improvements upon or additions to an invention,
confidential information, know-how and any research effort relating to 
Mark Nichols & Co Ltd moral
rights and any similar rights in any country (whether registered or
unregistered and including applications for and the right to apply for
them in any part of the world).
4.2.You
acknowledge that the intellectual property rights in the material and
content supplied as part of the Website shall remain with us or our
licensors.
4.3.You
may download or copy the content and other downloadable items displayed
on the Website subject to the condition that the material may only be
used for personal non-commercial purposes. Copying or storing the
contents of the Website for other than personal use is expressly
prohibited.
4.4.You
may retrieve and display the content of the Website 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. 
4.5.You
may not otherwise reproduce, modify, copy or distribute or use for
commercial purposes any of the materials or content on the Website.
4.6.You
acknowledge that any other use of the material and content of this
Website is strictly prohibited and you agree not to (and agree not to
assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative
works from such material and content.
4.7.No licence is granted to you to use any of our trade marks or those of our affiliated companies.
5.DISCLAIMER
5.1.It
shall be your responsibility to ensure that any products, services or
information available through the Website meet your specific
requirements.
5.2.We will not be liable to you if the Website is unavailable at any time.
5.3.We
attempt to ensure that the information available on the Website at any
time is accurate. However, we do not guarantee the accuracy or
completeness of material on this Website. We use all reasonable
endeavours to correct errors and omissions as quickly as practicable
after becoming aware or being notified of them. We make no commitment to
ensure that such material is correct or up to date.
5.4.All
drawings, images, descriptive matter and specifications on the Website
are for the sole purpose of giving an approximate description for your
general information only and should be used only as a guide.
5.5.Any prices and offers are only valid at the time they are published on the Website.
5.6.All prices and descriptions supersede all previous publications.
5.7.Every
effort is made to keep information regarding stock availability on the
Website up to date. However, we do not guarantee that this is the case,
or that stock will always be available.
5.8.The
Website is provided on an 'as is' and 'as available' basis without any
representation or endorsement made and we make no warranties or
guarantees, whether express or implied, statutory or otherwise (unless
otherwise expressly stated in these terms and conditions or required by
law) in relation to the information, materials, content or services
found or offered on the Website for any particular purpose or any
transaction that may be conducted on or through the Website including
but not limited to, implied warranties of non-infringement,
compatibility, timeliness, performance, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing or
usage or trade custom. 
5.9.We
make no representation or warranty of any kind express or implied
statutory or otherwise regarding the availability of the Website or that
it will be timely or error-free, that defects will be corrected, or
that the Website or the server that makes it available are free of
viruses or bugs. 
5.10.We
will not be responsible or liable to you for any loss of content or
material uploaded or transmitted through the Website and we accept no
liability of any kind for any loss or damage from action taken in
reliance on material or information contained on the Website.
5.11.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. 
5.12.You
must bear the risk associated with the use of the internet. In
particular, we will not be liable for any damage or loss caused by a
distributed denial-of-service attack, any viruses trojans, worms, logic
bombs, keystroke loggers, spyware, adware or other material which is
malicious or technologically harmful that may infect your computer,
peripheral computer equipment, computer programs, data or other
proprietary material as a result of your use of the Website or you
downloading any material posted or sold on the Website or from any
website linked to it.
5.13.We
reserve the right to disclose such information to law enforcement
authorities as we reasonably feel is necessary should you breach this
agreement.
6.USE OF THE WEBSITE
6.1.You
are permitted to use the Website and the material contained in it only
as expressly authorised by us and in accordance with these terms and
conditions, as may be amended from time to time without notice to you.
6.2.We
provide access and use of the Website on the basis that we exclude all
representations, warranties and conditions to the maximum extent
permitted by law.  
6.3.We reserve the right to:
6.3.1.Make changes to the information or materials on this Website at any time and without notice to you. 
6.3.2.Temporarily or permanently change,
suspend or discontinue any aspect of the Website, including the
availability of any features, information, database or content or
restrict access to parts of or the entire Website without notice or
liability 
to you or any third party
6.3.3.Refuse to post material on the Website or to remove material already posted on the Website 
6.4.You may not use the Website for any of the following purposes:
6.4.1.Disseminating
any unlawful, harassing, libellous, abusive, threatening, harmful,
vulgar, obscene, or otherwise objectionable material
6.4.2.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
6.4.3.Breaching any applicable local, national or international laws, regulations or code of practice
6.4.4.Gaining unauthorised access to other computer systems
6.4.5.Interfering with any other person's use or enjoyment of the Website 
6.4.6.Breaching any laws concerning the use of public telecommunications networks
6.4.7.Interfering with, disrupting or damaging networks or websites connected to the Website
6.4.8.Utilisation
of data mining, robots or similar data gathering and extraction tools
to extract (whether once or many times) for re-utilisation of any
substantial parts of the Website
6.4.9.To
transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
solicitation 
6.4.10.To create and/or publish your own database that features all or substantial parts of the Website
6.4.11.Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
6.5.In addition, you must not:
6.5.1.Knowingly
introduce viruses, trojans, worms, logic bombs, keystroke loggers,
spyware, adware or other material which is malicious or technologically
harmful to the Website 
6.5.2.Attempt
to gain unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to it 
6.5.3.Attack the Website via a denial-of-service attack or a distributed denial-of service attack
6.5.4.Damage
or disrupt any part of the Website, any equipment or network on which
the Website is stored or any software used for the provision of the
Website
6.6.A
breach of this clause may be a criminal offence under the Computer
Misuse Act 1990. We may report any such breach to the relevant law
enforcement authorities and disclose your identity to them. In the event
of such a breach, your right to use the Website will cease immediately.
7.SUSPENDING OR TERMINATING YOUR ACCESS
7.1.We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if: 
7.1.1.You fail to make any payment to us when due
7.1.2.You breach the terms of these terms and conditions (repeatedly or otherwise) 
7.1.3.You are impersonating any other person or entity
7.1.4.When
requested by us to do so, you fail to provide us within a reasonable
time with sufficient information to enable us to determine the accuracy
and validity of any information supplied by you, or your identity 
7.1.5.We
suspect you have engaged, or about to engage, or have in anyway been
involved, in fraudulent or illegal activity on the Website
8.LINKING TO THE WEBSITE
8.1.You
must not create a link to the Website from another website, document or
any other source without first obtaining our prior written consent.
8.2.Any agreed link must be:
8.2.1.To the Website's homepage
8.2.2.Established
from a website or document that is owned by you and does not contain
content that is offensive, controversial, infringes any intellectual
property rights or other rights of any other person or does not comply
in any way with the law in the UK and the law in any country from which
they are hosted
8.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
8.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
8.3.We
have no obligation to inform you if the address of the Website home
page changes and it is your responsibility to ensure that any link you
provide to our homepage is at all times accurate.
8.4.We
reserve the right to withdraw our consent without notice and without
providing any reasons for withdrawal. Upon receiving such notice you
must immediately remove the link and inform us once this has been done.
9.EXTERNAL LINKS
9.1.To
provide increased value and convenience to our users, we may provide
links to other websites or resources for you to access at your sole
discretion and risk. You acknowledge and agree that, as you have chosen
to enter the linked website we are not responsible for the availability
of such external sites or resources, and do not review or endorse and
are not responsible or liable in any way, whether directly or
indirectly, for:
9.1.1.The privacy practices of such websites
9.1.2.The
content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on
or available from such websites or resources 
9.1.3.The use which others make of these websites
9.1.4.Any
damage, loss or offence caused or alleged to be caused to you, arising
from or in connection with the use of or reliance upon any such
advertising, content, products, goods, materials or services available
on and/or purchased by you from such external websites or resources.
10.LIMITATION OF LIABILITY AND INDEMNITY
10.1.Notwithstanding
any other provision in these terms and conditions, nothing will affect
or limit your statutory rights; or will exclude or limit our liability
for:
10.1.1.Death or personal injury resulting from our negligence
10.1.2.Fraud or fraudulent misrepresentation
10.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987
10.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
10.2.We will not be liable, in contract or tort (including,
without limitation, negligence), or in respect of pre-contract or other
representations (other than fraudulent or negligent misrepresentations)
or otherwise for the below mentioned losses which you have suffered or
incurred arising out of or in connection with the provision of any
matter in these terms and conditions even if such losses are forseeable
or result from a deliberate breach by us or as a result of any action we
have taken in response to your breach:
10.2.1.Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
10.2.2.Any loss of goodwill or reputation; or
10.2.3.Any special or indirect losses; or
10.2.4.Any loss of data
10.2.5.Wasted management or office time
10.2.6.Any other loss or damage of any kind
10.3.You
agree to fully indemnify, defend and hold us, and our officers,
directors, employees and suppliers, harmless immediately on demand, from
and against all claims, including but not limited to losses (including
loss of profit, revenue, goodwill or reputation), costs and expenses,
including reasonable administrative and legal costs, arising out of any
breach of these terms and conditions by you, or any other liabilities
arising out of your use of this Website or any other person accessing
the Website using your personal information with your authority.
10.4.This clause does not affect your statutory rights as a consumer.
11.GENERAL
11.1.We
reserve the right to change the domain address of this Website and any
services, products, product prices, product specifications and
availability at any time. 
11.2.If
any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions in these terms and conditions and the
remainder of the provision in question will not be affected.
11.3.All Contracts are concluded and available in English only. 
11.4.If
we fail, at any time to insist upon strict performance of any of your
obligations under these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled under these terms
and conditions, it shall not constitute a waiver of such rights or
remedies and shall not relieve you from compliance with your
obligations.
11.5.A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.6.No
waiver by us of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you
in writing.
12.GOVERNING LAW AND JURISDICTION
12.1.The Website is controlled and operated in the United Kingdom.
12.2.These terms and conditions will
be governed by the laws of England and Wales and you irrevocably agree
to submit to the exclusive jurisdiction of the courts of England and
Wales.

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