1.1 These terms & conditions set out the terms between you the customer and us, the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Company Information
4.1 The Nomad Factory is a registered trademark and trading name of Primo Gifts Limited.
4.2 Primo Gifts Limited will be the merchant name listed on any banking or payment documentation such as credit/debit card bills and bank statements.
5. Product Pricing and Title
5.1 We make every effort to ensure that the pricing for products and post and packaging is displayed on our website is correct. However, if an error in the pricing of a product or post and packing is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
5.2 We reserve the right to alter all product pricing without notice.
5.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
6. Your Order
6.1 When you place an order your order constitutes an offer made to us to purchase the goods specified in the order.
6.2 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
6.3 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card or method used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6.4 Some products supplied by us are hand-made, sometimes from natural materials and therefore may vary slightly in size and feel from product to product.
7. Shipping and Customs Duty
7.1 All orders received by us are shipped subject to availability.
7.2 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
7.3 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
8. Cancellation Rights, Returns and Refunds
8.1 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
8.2 You have 30 days within which to cancel your order; 30 days begins on the day after you receive your goods. Please notify us by email to firstname.lastname@example.org or via our online returns form before sending us your return. Returns should be sent to The Nomad Factory, 47 Faraday Avenue, Sidcup, DA144JB. When you return an item, please include the order number to which it relates, your details and whether you want a refund or an exchange; without these details we are unable to take the action you require.
8.3 Any product must be returned within 30 days from the date of receipt (starting on the day after you receive your order) and it must be in unused condition with all of its original packaging.
8.4 If you are returning your product because it is defective, please state the defect or defects.
8.5 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
8.6 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
8.7 You are responsible for paying any postage or shipping costs incurred when returning the product.
8.8 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
8.9 We will not issue refunds for any items lost or stolen in transit to us.
8.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
8.11 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
8.12 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
8.13 We will also refund the cost of recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that refunds by any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery should be authorised by us prior to you paying for said delivery service. Refunds for such courier services are issued at our discretion and we reserve the right to refuse.
8.14 If you would like to exchange an item, return the item you no longer want first. Once we have refunded the initial order, you can purchase the item of your choice.
9. Products and images
9.1 Many of our products are hand-made and some out of natural materials. The size, specification, look and feel will therefore vary from product to product. As part of these terms you will accept this. Except in any circumstances where the products are defective in any way.
9.2 Every effort has been made to show images of our products that accurately reflect them. It is not possible to achieve exact replications on all technologies, browsers and screens and therefore you accept this, except for where the product may be defective.
10. Customer Complaints We endeavour to respond to all customer complaints or queries within five working days.
11. Faulty Products Where you experience a fault with a product it can be returned to us subject to our returns policy above.
12. Events Outside Our Control We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
13.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
13.2 This licence allows you to download and cache (using your browser) individual pages from our website.
13.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
13.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
13.5 Our website cannot be placed within the frame-set of another site.
13.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
13.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
14. Copyright 13.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
14.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
15. User Generated Content
15.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
15.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
15.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
15.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
15.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
15.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
15.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our online contact form or the contact details listed on our contact page.
16. Limitations and Exclusions of Liability
16.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
16.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
16.3 All indirect, consequential or special losses or damage are all excluded.
16.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
16.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
16.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
16.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
16.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
17. Indemnity By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
18. Variation We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
19. Assignment We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
20. Severability The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
21. Waiver Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
22. Third Parties These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
23. Entire Terms & Conditions These terms & conditions set out the entire agreement and understanding between you and us.
24. Your Statutory Rights Where acting as a consumer your statutory rights are unaffected.
25. Jurisdiction These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.