Terms and Conditions

These terms (together with the documents referred in them) tell you the terms and conditions on which we supply any of the Goods (Goods) listed on our website www.nistulgrowuk.com (our site) to you. 

Please read these terms and conditions carefully before ordering any Goods from our site.  You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.

1. Information about us

1.1 We operate the website www.nistulgrowuk.com We are a company registered in England with company number 8354752 and have our registered office at 410/414 Blackpool Road, Ashton on Ribble, Preston PR2 2DX. We can be contacted at info@nistulgrowuk.com. Our VAT number is 160 1104 72.

2. How the contract is formed between you and us

2.1 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 Goods.  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 Goods have been dispatched (Confirmation).  The contract between us (Contract) will only be formed when we send you the Confirmation. 

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

3. Consumer rights

3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out below.

 

3.2 To cancel a contract, you must inform us in writing. You must also return the goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4. Availability and delivery

4.1 Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances. Deliveries can only be made betweeen Monday and Friday, 9am to 6pm. A specific time cannot be arranged or requested. 

4.2 Delivery of the Goods shall take place at your place of business or residence or at such other place as may be agreed between us and detailed on the Confirmation. At the place of delivery you shall be responsible for providing appropriate equipment and manual labour for taking immediate and safe delivery of the Goods. The goods will only be delivered to the front door of the main building and will not be taken into your house.

4.3 If for any reason you do not accept delivery in accordance with clause 3.2, or we are unable to deliver the Goods to you on time because you have not provided appropriate instructions, documents, licences or authorisations, we may at our discretion deem the Goods to have been delivered and all risk in the Goods will pass to you, or alternatively we may deem the Contract to have been repudiated by you in which case we may recover our whole losses, costs and expenses related to your failure to take delivery, from you.

5. Risk and title

5.1 The Goods will be at your risk from the time of delivery.

5.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges, together with all other sums which are or which become due to us by you for whatever reason.

5.3 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not yet passed from us.

5.4 You must keep the Goods separate from your own goods and goods belonging to third parties until title in the Goods does pass to you and they must be clearly identified as belonging to us and you must ensure that the Goods are kept safe, secure and insured. 

5.5 We may at any time re-take possession of the Goods if title in them has not passed to you, and in this case we may enter onto any premises of yours for the purposes of removing them.

6. Price and payment

6.1 The price of the Goods and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 

6.2 Goods prices on our site are quoted in UK pounds and will always state whether VAT is included or not.

6.3 Goods prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

6.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that where a Good's correct price is less than our stated price, we will charge the lower amount when dispatching the Good to you.  If a Good’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Good, or reject your order and notify you of such rejection.

6.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

6.6 Payment for all Goods must be by credit or debit card or by using an approved purchase order.

7. Guarantee and refunds policy

7.1 If at any time within 7 days following delivery of the Goods, you are not satisfied with the Goods, you may notify us of your complaint.

7.2 Upon notification in accordance with clause 7.1 above, then we will refund the price of the Goods to you (less costs incurred for delivery and collection) if the Goods are returned to us in saleable and undamaged condition. In addition where only part of the Goods can be returned in saleable and undamaged condition we will endeavour to refund the relevant price to you (less costs incurred for delivery and collection) upon return of such part of the Goods to us.

7.3 If we have specially commissioned or made the Goods to your order then the above money back guarantee will only apply at our discretion.

7.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase

8. Warranty   

8.1 In the event that material faults or manufacturing faults should become evident with one of our products during the period of warranty and our product is no longer suitable for its intended use, we will perform the following warranty service in accordance with the following regulations.

A warranty claim shall not be permitted if any of the following apply:

1) The fault is of improper use or handling.

2) The product has not been assembled/cared for/used in accordance with our instructions for assembly and care.

3) The product has not been utilized in the manner intended.

In addition, no warranty claim shall be permitted for normal wear and tear on wear parts (e.g. castors, upholstery fabrics, writing bases etc.).

Subject to variations in the structure and colour of the item being delivered in comparison with the display item and other versions or items of furniture in a series that are usual. The buyer cannot make any warranty claims for these variations.

8.2 a) The period of warranty shall commence with the initial purchase of the product from Nistul Grow UK Limited or from an authorized Nistul Grow specialist dealer ( refer to warranty periods per product item 2b ). Irrespective of this date, the period the warranty shall end no later than 10 years after we cease production of the product. The beginning of the period of the warranty shall be the date of the invoice.

b) Warranty periods :

System basic                    all furniture                       10 years

System nature                  all furniture                         5 years

Chairs                                                                        5 years

Lamps                                                                        5 years

Wear parts                                                                  1 year

The period of the warranty is not extended when the warranty claim is made, nor is extended when the services when the services are performed under the warranty.

8.3 In the event that a valid warranty claim is made, the customer shall be entitled to spare parts free of charge in exchange for faulty parts, ownership of the faulty parts shall revert to Nistul Grow.

We will not charge for sending spare parts within the UK during the first two years of the period of warranty. We will invoice a reasonable freight fee for parts sent from the third year of the warranty period.

Freight costs will always be charged for the shipping of spare parts outside the UK regardless of the period of warranty.

The warranty does not include assembly, nor does it include reimbursement of any costs that may be incurred.

The warranty does not apply for special products/special ranges or limited issues.

8.4 Any liability on the part of the seller for defects which result from the purchase contract with the customer shall not be affected or restricted by this warranty. This is applicable for the right to subsequent fulfillment, reduction if necessary, withdrawal and/or damages.        

8.5 We will only be liable for a breach of the above warranty if:

(a) you give us written notice of the defect (and if the defect is as a result of damage in transit to the carrier also), within 7 days of the time when the defect was discovered or ought to have been discovered by you; and

(b) we have a reasonable opportunity after receiving the notice of examining such Goods and you return the relevant Goods to us for the examination if we so request.   

8.6 We not be liable for a breach of the above warranty if you make use of the relevant Goods after giving us notice of a defect or if the defect arises because:

(a) you alter or repair the Goods without our written consent.

8.7 We will at our discretion replace Goods that do not conform with the above warranty (or the defective part of such Goods), or refund the price of such Goods, and if we do so we shall have no further liability for any breach of warranty.

9. Our liability

9.1 Subject to clause 9.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Goods and, subject to clause 9.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

9.2 Subject to clause 9.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f)  waste of management or office time.

However, this clause 9.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.2.

9.3 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(d) defective Goods under the Consumer Protection Act 1987 or for anything else that we may be liable for as a result of you buying Goods from us as a consumer (as opposed to acting in the course of trade); or

(e) any other matter whatsoever for which it would be illegal for us to exclude or attempt to exclude our liability.

10. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

11. Notices

All notices given by you to us must be given to Nistul Grow UK Limited at 7 Simmons Avenue, Walton le Dale, Preston PR5 4LX. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. Transfer of rights and obligations

12.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Events outside our control

13.1 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). 

13.2 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, adverse or extreme weather conditions, 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; and

(f)  the acts, decrees, legislation, regulations or restrictions of any government.

13.3 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.

14. Waiver

14.1 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

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

14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

15. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire agreement

16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

16.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

16.4 Nothing in this clause limits or excludes any liability for fraud.

17. Our right to vary these terms and conditions

17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

17.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

18. Consumer rights

18.1 If you are contracting with us to buy Goods as a consumer (as opposed to someone acting in the course of trade or business):

(a) you should inform us of this when placing an order for any Goods;

(b) you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods (in which case, you will receive a full refund of the price paid for the Goods notwithstanding anything to the contrary in these terms);

(c) you must inform us in writing if you wish to cancel a Contract and you must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk; and

(d) you have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

18.2 Nothing in these terms will affect your statutory rights as a consumer that cannot lawfully be excluded.

19. Law and jurisdiction

19.1 Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. 

19.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England.

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