Terms and Conditions

www.nimbusatbluelawn.co.uk is wholly owned by Martalou Ltd, Registered Office - Boatman & Co 1 Long Street Tetbury Glos GL8 8AA. Company registration number is 5248257 and is registered in England and Wales. VAT registration number is 867 0767 83

These terms and conditions apply to the use of this website. Please read through them carefully before placing an order.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. These terms and conditions govern your access to and use of the website. If you do not accept, or wish to be bound by these terms, please do not use this website.

1. INTRODUCTION

1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 Revision of these terms and conditions may occur at any time by updating this posting. You should check this website from time to time to review the ten current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

2. ORDERS

2.1 PLEASE NOTE THAT WE ONLY SUPPLY TO THE UK

2.2 You are deemed to have placed an order once having completed the online checkout process. As part of the checkout process you will be given the opportunity to check your order and to correct any errors, and acknowledgements will be sent to you by e-mail, detailing the products you have ordered.

2.3 Acceptance of an order occurs once the order has been despatched. The purchase contract is made once the order has been despatched.

2.4 The contract is not finalised if you receive notification the order has not been accepted or if the order has been cancelled.

2.5 An order may be refused where:
(i) Goods are unavailable
(ii) Where we cannot obtain authorisation for your payment
(iii) There has been a pricing or product description error; or
(iv) Any of the eligibility criteria as set out in the terms and conditions has not been met.

3. PRICING

3.1 All prices include VAT at the current rates.

3.2 Nimbus at Blue Lawn charges separately for packaging, postage and other relevant charges, see the Delivery page.

3.3 Nimbus at Blue Lawn reserves the right to change prices without prior notice.

4 PAYMENTS

4.1 Payments are made by using PAYPAL

5 RETURNS

5.1 If you wish to cancel your order:
(i ) You can notify us by email to sales@nimbusatbluelawn.co.uk before we have dispatched the goods to you: or
(ii) where goods have already been dispatched to you, by returning the goods to us in accordance with clause 5.2 below.

5.2 You can return goods with all labels and original packaging you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The cost of retuning goods to us shall be borne by you.

5.3 Upon receipt of the returned goods to us we will give you a full refund of the amount paid or an exchange credit as required.

5.4 The rights to return goods to us as referred to in clause 5.3 will no apply in the following circumstances:
(i) In the event that the product has been used.
(ii) For Health and Safety reasons, earrings cannot be returned for any reason unless proven faulty when purchased.

The provisions of clause 5.4 does not affect your statutory rights.

6. LICENCE

6.1 You are premitted to print and download extracts from the website for your own use on the following basis:

(i) no documents or related graphics on this website are modified in any way
(ii) no graphics on this website are used separately from accompanying text; and
(iii) any of our copyright and trade mark notices and this permission notice appear in all copies.

6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or out licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

6.3 Subject to clause 6.1 no part of this website may be reproduced or stored in any public or pricate electronic retrieval system or service without our prior written permission.

6.4 Any rights not expressly granted in these terms are reserved.

7. SERVICE ACCESS

7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

7.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

8. VISITOR MATERIAL AND CONDUCT

8.1 Other than personally identifiable information, which is covered un the PRIVACY POLICY, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all date, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

8.2 You are prohibited from posting or transmitting to or froml this website any material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(ii) for which you have not obtained all necessary licences and/or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (iv) which is technically harmful(including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted date or other malicious software or harmful data).

9 LINKS TO AND FROM OTHER WEBSITES

9.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites, and do not control and are not responsible for these websites or their content or availability;. We therefore do not endorse or make any representations about them, or any material found there, or any results that jay bee obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

9.2 If you would like to link to this website, you may only do son on the basis that you link to, but do not replicate, the homepage of this website, and subject to the following conditions
(i) you so not remove, distort or otherwise alter the size or appearance of Nimbus at Blue Lawn logo.
(ii) you do not create a frame or any other browser or border environment around this website;
(iii) you do not in any way imply that we are endorsing any products or services other than our own.
(iv) you do not misrepresent your relationship with us nor present any other false information about us;
(v) you do not use any Nimbus t Blue Lawn trademarks displayed on this website without our express written permission
(vi) you do not link from website that is not owned by you; and
(vii) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.

9.3 You shall fully indemnify us for any loss or damage we or any of our group companies amy suffer or incur as a result of your breach of clause 9.2

10 REGISTRATION

10.1 To register with Nimbus at Blue Lawn you must be over eighteen years of age.

10.2 Each registration is for a single user only; We do not permit you to share your user name and password with any other person nor with multiple users on a network.

10.3 responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

10. 4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

11 DISCLAIMER

11.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at anytime without notice. The material on this website may be out of date and we make not commitment to update such material.

11.2 The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

12 LIABILITY

12.1 We, any other party ( whether or not involved in creating producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website, or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access, to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

12.2 Nothing in these terms and conditions shall exclude or limit our liability for (a) death or personal injury caused ny negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c ) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

12.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.

12.4 |You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

13 GOVERNING LAW AND JURISTDICTION

13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shallo be subject to the exclusive jurisdiction of the English Courts.

13.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom you do so at your own risk and you are responsible for compliance with local laws.

14 MISCELLANEOUS

14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

PRIVACY POLICY

We take your privacy seriously and we comply fully wit the Data Protection Act. This means that all information that you submit to us will be held with the utmost care and security in accordance with the Act. We will not retain any personal information for longer than we need to process our order correctly. We do not divulge any personal information to Third Parties and we will not send you any promotional material unless you have ticked the box to ask us to keep you informed of any Special Offers, Events or Promotions.

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Nimbus At Blue Lawn - Thu Feb 23 01:35:37 GMT 2012 [web2]