Online Terms & Conditions
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the “Seller”.
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller.
1.5 “Seller” means www.nickyblystad.com. This website is owned and operated by ?
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 When the Buyer places an order with the Seller they are making an offer to buy the Goods.
3.2 Once the Seller has checked the price and availability of the Goods, they will email the Buyer to confirm that they accept the order, and that a contract has been made between the Buyer and the Seller. The Seller will not take payment from the Buyer until they have accepted the order.
3.3 In the unlikely event that the Goods are no longer available, or that the Seller has made a pricing mistake, they will advise the Buyer of this.
3.4 The Seller may choose not to accept an order for any reason.
4. Price and Payment
4.1 The price of Goods shall be that stipulated on the Seller’s website. The price excludes delivery charges.
4.2 The total purchase price, including delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received, the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel.
4.4 Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. Rights of the Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the website or for refusing to process an order.
6.1 The Seller warrants that the Goods will, at the time of dispatch, correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7. Cancellation and Returns
7.1 The Buyer shall inspect the Goods immediately on receipt. If the Goods are damaged or do not comply with any of the Contract, the Buyer shall notify the Seller by email within 5 working days. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.
7.2 Where a claim of defect or damage is made the Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.
7.3 The Buyer has the right, in addition to the other rights, to cancel the Goods at any time up to 15 days after receipt of them. Please note that earrings can neither be exchanged or refunded for hygiene reasons. Please email us at email@example.com to let us know ahead of a return. Goods must be sent back with their receipt, unused, and in their original packaging. The parcel should be adequately insured. It is recommended that you use a trackable service as we cannot accept responsibility for parcels lost in transit. You will receive a refund within 15 days.
7.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured. The Buyer must ensure that the goods are packaged adequately to protect against damage. It is recommended that they are sent using a trackable service as the seller cannot take any responsibility for any items lost in transit. The Buyer will receive a refund for the Goods, excluding postal charges, within 15 days from receipt of goods.
7.5 Goods to be returned must clearly show the invoice number obtained from the Seller.
7.6 Where return goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
8. Limitation of Liability
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12. Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer after making a purchase.
13. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.