NScessity Limited
Terms & Conditions

We provide services to you through our web site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you.

When you use our web site or any of our services you may be advised that special guidelines or rules apply.

Unless otherwise stated, these guidelines or rules form part of these terms and conditions.

These terms and conditions apply to all users (including casual browsers).

1: Orders & Delivery

We have made every effort to ensure that colour reproduction of images and product text descriptions are as accurate as possible. However, slight variations may occur.

Goods advertised may not be available.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("the Dispatch Confirmation"). That is when our contract is made.

The Contract will only relate to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may:

• accept the alternatives we offer;
• cancel your order;
• leave the order valid, but tell us to omit the out-of-stock item.

If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

You must pay us the full price of your order before we will send any part of it.

2: Returns and Refunds

Details of our returns policy, and instructions for returning items are listed below. Our returns policy is valid for 21 days from receipt of an item.

Changing Your Mind

If, for whatever reason, you have changed your mind and wish to return your item, you may do so as long as the goods are unopened, in a resalable condition, and include all packaging and tags.

Need a Different Size?

If your item is too small or too large, we can exchange this for a different size as long as all original tags and labels are still attached, and the original packaging returned undamaged.

You are welcome to return the item and receive a refund as long as it is within our 21day returns policy and comes back to us complete and received in the same re-saleable condition and in the original packaging, as it was sent. Please follow these instructions to ensure that your return can be processed as efficiently as possible:

• Ensure the item is in original packaging with all instructions included so that it is in the same brand new condition as it was purchased.
• Package the item well to avoid any possible damage in transit.
• Please phone 01483 428989 to obtain your returns number available from our Returns Desk
• Clearly display the returns number on the outside of the parcel.

Take to the post office and return by Parcel Post, getting a proof of posting for your records in case it goes missing. It is always advisable to ensure that the item has sufficient insurance to cover the value of the item(s). Please note that we are unable to accept returns without a valid Returns number.

Please note that we are unable to accept returns without a valid Returns number

When it arrives, and it has been checked by the Quality Manager, we will take any appropriate action required.

You will be responsible for the cost of returning an item to us.

Please note if the product you are returning is in perfect condition but does require repackaging by our warehouse a fee of £5 will be deducted from the due refund.

Please note that this provision does not affect your statutory rights as consumer if the Product is faulty.

3: Faulty Items

Should an item ordered from NScessity arrive faulty or develop a fault within 28 days, we will send out a replacement or fully refund your order, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. This is in addition to any rights you may have with warranties provided with specific products.

Customers will need to email details of the fault by clicking here and will receive a returns authorization code in reply. We will then contact you regarding details on the refund of postage costs incurred to send the item back.

4: Service Availability

Our site is only intended for use by people resident in the Service Country, the United Kingdom. We do not accept orders from individuals outside this country.

5: Prices

Goods are charged at price shown on the product pages on the date the customer places the order. The prices include VAT. Prices are correct at time of publication.

Errors and omissions are excepted. Orders will be processed at our published prices, otherwise, in the case of any unexpected change in price, you will be informed and asked if you wish to reconsider your order before proceeding. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

6: Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7: Your Status

By placing an order through our site, you warrant that:
7.1.1 You are legally capable of entering into binding contracts; and
7.1.2 You are at least 18 years old;
7.1.3 You are resident in the UK; and
7.1.4 You are accessing our site from your country.

8: Proprietary Rights and Licences

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our copyrights, trademarks, service marks, patents or other proprietary rights and laws.

We own or are licensed to use all intellectual property rights (including all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services.

You are not permitted, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.

9: Disclaimer of Warranties

You agree that:
9.1: your use of the web site and our services is at your sole risk.
We expressly disclaim all warranties of any kind, not expressly set out herein to the extent permitted by law.

9.2: to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/or any information will meet your requirements (b) your access to and use of the services will be error free (c) any errors or inaccuracies will be corrected.

9.3: No advice or information whether written or oral, obtained by you through us or from the web site or from our services will create any warranty not expressly stated in these terms and conditions. If you have any questions about the above, please contact us on 01483 428989 or clicking here or by writing to us at NScessity Ltd, The Old Workshop, Home Farm Barns, Godalming, Surrey GU8 6BD, United Kingdom.

10: Indemnitys

You agree to reimburse us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions.

We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary, providing you meet our costs and expenses (including our legal fees).

11: Limitation of Liability

To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/or damages of any nature resulting from (a) your use or inability to use the web site (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions or other terms and conditions that relate to our other goods and/or the services we provide (c) unauthorized access to or alterations of your transmissions or data (d) statements or conduct of any third parties.

12. Events Outside our Control

We 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).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

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. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract 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 such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

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.

14: General

These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreement, arrangements and representations (save in respect of those made fraudulently).

Data and certain other information you provide is subject to the term of our Privacy Statement which can be accessed by clicking here.

NScessity Limited accepts only one currency. This currency being Pounds Sterling. Our Privacy Policy states that all information passed to us with regards to payment will be kept safe with the strictest security at all times.

If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions, which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.

You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services.

These terms and conditions will be interpreted and construed in accordance with the Laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.

www.nscessity.co.uk is a site operated by Nscessity Limited. For up-to-date information on our services and support facilities, or if you are dissatisfied with our web site, our services or have any questions concerning these terms and conditions, please contact us on 01483 428989 or clicking here or by writing to us at NScessity Ltd, The Old Workshop, Home Farm Barns, Godalming, Surrey GU8 6BD, United Kingdom.

Company Registration Number 4784619
Our VAT Number is GB 811 4130 84