Terms and Conditions.

Terms and conditions of sale of Products (“General Conditions”)

This contract sets out:

·      your legal rights and responsibilities;

·      our legal rights and responsibilities; and

·      certain key information required by law.

In this contract:

·      ‘we’, ‘us’ or ‘our’ means Nielsen Design Limited (Company number 03692269); and

·      ‘you’ or ‘your’ means the customer using www.nielsen-shop.co.uk (our Website) to buy products from us (Products).

1. GERNERAL

1.1

Unless otherwise agreed in writing, the following terms and conditions shall govern the sale of Products by Nielsen Design Limited to the exclusion of any other terms and conditions.

We supply to both trade business customers and private individual consumers.

If required, we can provide a payment receipt with any Product order that have been purchased, including the VAT, tax and the customer information that have been provided at checkout.

Our registered office address is Unit 27-30 Tradewinds, Hopper Way, Diss IP22 4GT.

Our VAT number is 726617229.

1.2

Nielsen Design Limited shall not be liable in case Products are sold out, nor in the case of image or typographical errors on the Website, inaccurate prices and price adjustments (for example changed prices from suppliers, or changes in currencies) or incorrect information as to whether a Product is in stock.

1.3

Nielsen Design Limited is entitled to rectify such errors and, at any time, to change or update all relating information. In case an inaccurate price has been stated for a Product ordered by the customer, Nielsen Design Limited will naturally notify the customer immediately and await the customer's approval of the changed price prior to Nielsen Design Limited’s continuation of the order process. All images on our website shall be considered solely as illustrations.

2. COPYRIGHT

The Website and all its content are owned by Nielsen Design Limited or its licensors. All information is protected by intellectual property and marketing legislation. This means that all trademarks, Product names, company names, designs, images and graphics, layout and information about Products, services and all other content may not be copied or used, without the prior written consent of Nielsen Design Limited.

3. Your privacy and personal information

3.1

Our Privacy Policy is available to view here.

3.2

When the customer places an order, the customer will be asked to provide specific personal information. The customer confirms that the information provided in its entirety is correct and complete and the customer is responsible for any errors in this information provided.

3.3

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. ORDERS

4.1

To be able to place an order using the Website, the customer must accept and be legally bound by these General Conditions. By accepting these General Conditions, the customer undertakes to comply with all of the General Conditions in its entirety and also acknowledges that they have read all the information set out in these General Conditions, along with our policies on processing personal data (in accordance with Nielsen Design Limited’s Privacy Policy) and cookies.

4.2

Once the order has been placed, Nielsen Design Limited will send you an email to acknowledge receipt of your order. This acknowledgment does not constitute an acceptance of your order.

4.3

Our acceptance of your order takes place upon us confirming to you that the Product has been dispatched to you. At this point a legally binding contract will be made between you and us

4.4

We reserve the right to decline your order for any reason whatsoever. If we do so, we will contact you and will refund in full any such payments which have been made in relation to the cancelled/declined order. We will however always endeavour to contact and advise you in this circumstance.

5. FEES, PRICES AND PAYMENT

5.1

The prices stated on the Website always apply to orders placed on the Website. All prices are presented in pounds sterling (£) (GBP) and includes VAT at the applicable rate but excludes delivery costs. Please refer to the Nielsen Design Limited’s Delivery Policy for delivery options and costs here.

5.2

The customer can pay for its purchase in any payment manner specified on the Website. Nielsen Design Limited also reserves the right to withdraw any listed payment method from the Website or change the listed payment method.

6. SPECIAL OFFERS

Nielsen Design Limited may at any time provide special offers on the Website. Any such conditions will apply for the duration of the special offer and for the exactly the Products set forth. Nielsen Design Limited reserves the right to, at any time, withdraw any such special offers. Upon termination or withdrawal of any such special offer, these General Conditions shall always apply without any amendments. Offers on specific Products on the Website are only valid for a limited period of time, or until products are sold out.

7. DELIVERY

For information on delivery options and costs, please visit the Company’s delivery policy here.

8. RIGHT TO CANCEL

8.1

When purchasing Products as a consumer, you have the right to cancel your order and this contract within 14 days without giving any reason.  This is in accordance with applicable consumer protection legislation. This means that a consumer has the right to cancel any Product purchase by notifying Nielsen Design Limited accordingly, within the 14 days from when the consumer received the Product ordered.

8.2

If the consumer wishes to return the Product ordered, please refer to our Returns Policy.

8.3

If a consumer wishes to cancel their purchase, they shall be required to send a clear message to Nielsen Design Limited within the 14 day cancellation period. In order for the return to be accepted, the consumer needs to provide the relevant order number, customer name and delivery address in an email to nielsenshop@nielsendesign.co.uk Alternatively, the consumer can complete the ‘contact us’form on the nielsen-shop.co.uk website.

8.4

If the consumer uses its right of cancel, the consumer has to pay for the return shipping costs and is also responsible for the condition of the Product, after the consumer has received the Product as well as during the return shipping. The Product needs to be returned within 14 days from the date when Nielsen Design Limited was notified of the cancellation. The Product has to be sent back to us well packaged, in good condition and in its original box and/or packaging. All returns needs to be sent to Nielsen Design Limited in accordance with the methods and directions set forth on the Website.

8.5

When the consumer makes use of its right to cancel its purchase, Nielsen Design Limited will refund the full amount the consumer has paid for the Product (not including shipping costs).

8.6

Nielsen Design Limited will pay back the amount to the consumer without undue delay, and not later than within 14 days from the date Nielsen Design Limited received the Product return.

8.7

Nielsen Design Limited reserves the right to delay repayment until the Product has been received, or the consumer has provided proof that the Product has been returned. This proof may for example be by means of certificate of delivery. The repayment for the returned Product will be for the full Product amount be made to the consumer by the initial payment method chosen by the consumer, unless otherwise agreed. For the avoidance of doubt, the consumer will not incur any additional fees as a result of the returned Product.

8.8

For the avoidance of doubt, clause 8 does not apply to any trade or business customers.

10. PRODUCT WARRANTY AND RETURN OF FAULTY GOODS

10.1

Where the customer is a consumer, nothing in these General Conditions affects your Statutory Rights as a consumer under the Consumer Rights Act 2015. You may also have other rights in law.

10.2

Upon delivery, our Products will be as described, fit for purpose and of satisfactory quality.

10.3

If your Products are faulty, please contact us as soon as possible after the defect was discovered using the contact details listed here [INSERT LINK]. We will try to resolve any disputes with you as quickly and efficiently as what can be reasonably expected.

10.4

Some of Nielsen Design Limited’s Products may be subject to specific warranties. Information about any specific warranty period and special conditions for warranties for each Product respectively, is shown on the Website. Specific warranties for Products will only cover original manufacturing defects. The customer’s order confirmation constitutes the certificate of warranty.

10.5

We shall not be liable for any Products defects if

(a)        you makes any further use of such Products after giving notice in accordance with clause 10.3;

(b)        the defect arises because you failed to follow any instructions as to the storage, installation, use or maintenance of the Products;

(c)         you alter or repair such Products; or

(d)        the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

10.5

Once a faulty Product is returned, for which a complaint has been correctly filed and approved, Nielsen Design Limited will refund the customer. Nielsen Design Limited always strives to do so within 30 days from receipt of the complaint by the customer, but it may be delayed depending on the nature of the Product. Nielsen Design Limited reserves the right to refuse any complaint, if the Product in compliance with applicable consumer protection legislation or proves not to be defective.

11. LIMITATION OF OUR LIABILITY

11.1

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

(a)   losses that were not foreseeable to you or us at the time these General Conditions were entered into;

(b)   losses that were not caused by any breach on our part;

(c)    business losses; and

(d)   losses to Consumers (apart from as set out in the Consumer Rights Act 2015).

12. EVENTS OUTSIDE OUR CONTROL

Nielsen Design Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event"), e.g. general labour dispute, changed governmental orders, acts of war, fire, lightning, terrorist attacks, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set above. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

13. CHANGES TO THE GENERAL CONDITIONS

Nielsen Design Limited reserves the right to change these General Conditions at any time. Any changes to these General Conditions will be posted on the Website. The customer is responsible to check the Website to become aware of any changes to the General Conditions.

14. SEVERABILITY

In case any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.

 These conditions were established by Nielsen Design Limited on 01/10/2024.