Contents
Introduction
Purchase agreement –Nimsdai store please read these terms and conditions of purchase carefully as they set out the terms applicable to any person or entity ("User"Or “you”) seeking to purchase goodsor services (“products”) via www.Nimsdaistore.com(“site”) you agree that, by ordering any products from the site, you will be bound by these terms and conditions of this purchase agreement ("Purchase agreement").
PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with, and by agreeing to this Purchase Agreement you expressly agree to the terms of, our Privacy Policy.
Contracting Parties
The Site and all content, data and other materials contained on the Site (“Content”) are owned or controlled by Nimsdai Apparel Limited (t/a Nimsdai Store), a company registered in England under company number 14776799 with its registered office at 21 Church Road Parkstone, Poole BH14 8UF, UK. Nimsdai Apparel Limited is referred to in these terms and conditions as "we", "us", "our" or “Company”. Before you may place an order for the first time for any products advertised on the Site you must complete the registration process. Each registration is for a single user only. When you register with and seek to purchase products via the Site, you are contracting with Nimsdai Apparel Limited. You must be at least 14 years old to use the register (and, if you are under 18, you should obtain the permission of your parent/guardian to register with the Service).
Purchasing Products
The display of any items or promotions on the Site shall be construed as an advertisement and not as an offer for sale of Products. You will be making an offer to buy, which is subject to this Purchase Agreement, and any Product specific terms (which will be brought to your attention prior to any purchase) when you complete the online order form. If your offer is accepted by the Company, this will result in a binding contract between you and us (“Contract”). When you have submitted the order form we will send to you an email acknowledging that we have received your order and provide to you an order number. Your offer to purchase a Product is accepted when (i) Company processes payment for your order and (ii) your order is despatched. Once ordered goods have been dispatched, we will send to you a further email confirming the same (“Accepted Offer Email”). The Contract will relate only to those Products whose dispatch we have confirmed in an Accepted Offer Email. 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 Accepted Offer Email. Payment will be processed after receipt of your order and prior to dispatch of the goods. Company may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Company associated with it, including, but not limited to, any pricing error on the Site. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order. As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order (including but not limited to a payment issue). If any goods ordered are not available, Company may offer you substitute Products of equivalent quality and price.
Your Account
The Site’s account facility enables you to check the status of your current order and to place future orders on the Site without re-registering your details each time (“My Account”). When you first register on the Site as a customer you will be required to complete an online registration form. The details you provide can be updated within My Account at any time. You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential. Any personal information that you provide during registration and which is held within My Account is held in accordance with our Privacy Policy.
Payment
Payment will be processed after receipt of your order but prior to dispatch. The prices stated on the Site are inclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any Product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Accepted Offer Email. The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed may be incorrectly priced. If a Product’s correct price is higher than the price stated on the Site, we will, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Accepted Offer Email.
Delivery of Orders
By entering your order number, the status of your order may be viewed within My Account. Delivery of goods will be to the address specified by you on your order (“Delivery Address”) as soon as possible by standard mail services or as otherwise specified in your order. You shall bear all shipping costs applicable to your order save where, at our discretion, we choose to bear such costs as part of an order that is £175 or greater in value. Where applicable you will bear and pay to us and or any applicable authority and or any delivery entity or operation all customs costs associated with your order. We aim to dispatch Products within 14 days of the date of your order, subject always to our internal checks. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside Company control, the overall delivery period should not exceed 30 days. Company shall bear the risk of any damage to or theft or loss of Products during transport to the Delivery Address. This risk will pass to you at the moment of the delivery. Upon delivery you should inspect the Products to check for any damage, defects or discrepancies. If there is any damage or any defects or discrepancies, please do not use the products and return them as set out in the Returns Policy.
Returns Policy
Company in its own discretion may issue a refund or replacement of goods in instances. All returns (including where you exercise statutory cancellation rights) are to be returned with all component parts within 30 days of receipt of the goods. If goods are returned to Company as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period (and in any event within 30 days), a refund (less shipping and customs costs incurred) will be made as soon as practicable. If we do not receive the returned goods within 35 days of your cancellation, we may make a charge in respect of collecting the goods. If you do not return the goods or fail to make them available for collection within 49 days of your cancellation you will be deemed to have accepted the goods. At this point a new purchase contract will arise and you will be charged the order price for the goods. Company may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified. Refunds will be limited to the maximum value of the original order, including delivery charges and will be issued only against the same payment details as supplied to pay for the goods. Company reserves the right to proportionately reduce the level of the refund if only some of the order is returned, or if any of the Products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged, unused and in saleable condition to qualify for a refund. Nothing hereunder shall affect your statutory rights. In the event goods are supplied defective, you should report this to our Customer Support as soon as possible after discovery of the problem.
Cancellation
If you are contracting as a consumer within the EU, UK or US, you may cancel your Contract and return the Products in accordance with our Returns Policy by contacting Customer Support (info@nimsdaistore.com) to request a returns reference and the relevant returns address. Between the date you inform us of your wish to cancel and the date the Product is returned, you shall bear all risk in keeping the Products safe, secure, and free from loss or damage.
Product Appearance, Availability and Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE. Colours, sizes, and proportions within images on the Site may vary according to devices and other factors such as descriptions, availability, references and features are subject to change on short (or without) notice.
Liability
You agree that the liability of Company to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GB£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Company.
Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
Severance
If any part, term, or provision of this Purchase Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Purchase Agreement shall operate as a waiver of any breach of the same or any other provision of this Purchase Agreement.
Variation
This Purchase Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
Law and Jurisdiction
This Purchase Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Purchase Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
Contacting Us
If you have any questions, please contact us at the following address: Nimsdai Apparel Limited (t/a Nimsdai Store), 21 Church Road Parkstone, Poole BH14 8UF, UK, or email us via info@nimsdaistore.com.
For questions regarding our Terms and Conditions, contact info@nimsdaistore.com