Terms and Conditions
Terms and Conditions
“You” means you, the user of the nooklondon.com Site and “Your” shall be interpreted accordingly. “We/Us” means Nook London Limited and “Our” shall be interpreted accordingly. ”
nooklondon.com Site” shall have the meaning as set out above. “User Information” means the personal details which may be provided by You to Us via the nooklondon.com Site.
“Users” means the users of the nooklondon.com Site collectively and/or individually as the context admits. “Website” and “Site” means a site on the World Wide Web.
Our policy is to:-
Sell the highest quality products we possibly we can while keeping our overheads to a minimum in order to offer you the best value for money at all times.
Give the highest possible levels of service so that you will want to recommend us to all your friends.
Combine the best of modern technology with old-fashioned courtesy to make your shopping experience a delight.
We hope to never need to resort to the “small print” but here it is, just in case, so that both parties know exactly where we stand!
By using the nooklondon.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Nook Limited service, you will also be subject to the guidelines and conditions applicable to that service. We may change these terms and conditions from time to time, along with any other policies on the nooklondon.com website, and you should check these regularly.
Your use of the nooklondon.com Site will be deemed an acceptance of the terms, conditions and policies existing at that time. These terms and conditions, in conjunction with any other applicable policies available at the Nook website, govern the relationship between ourselves and you and will remain in force for the duration of our relationship.
We will use reasonable endeavors to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information, since much of the information is published by third-party Sellers.
This Agreement shall be governed by and construed in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or in connection with this Agreement, regardless of your location as a Buyer, Seller or User of the nooklondon.com site and services. The contract between the Buyer and Seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England in the United Kingdom.
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the nooklondon.com Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately. You acknowledge that by posting materials on the nooklondon.com Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials both within the nooklondon.com Site and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Access to nooklondon.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for website access
Nook Limited grants you a limited licence to access and make personal use of this website (nooklondon.com), but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nook London Limited. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nook Limited or nooklondon.com and its affiliates without express written consent. Any unauthorised use terminates the permission or license granted by Nook London Limited. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of nooklondon.com as long as the link does not portray Nook London Limited, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nook logos or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Nook London Limited, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must NOT use the website for any of the following: (A) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” (B) to cause annoyance, inconvenience or needless anxiety (C) to manipulate transactions in ways that are unfair to other users or to nooklondon.com
User’s Rights and Obligations
You warrant and represent to Nook Limited that the information you provide to us is true and correct You, the user, will resolve any dispute directly with the Seller, with the assistance of Nook Limited and not through attempting to revoke an Electronic Money purchase transaction. Velocity Limits are different from the credit limits set by your credit/debit card issuer. Buyers must inspect any items purchased from Seller immediately upon receipt to ensure that it accords with any description given by seller in the item’s listing and to ensure that the product is safe.
Reviews, comments, communications and other content
Sellers on this website may post content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
All Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Nook Limited reserves the right (but not the obligation) to remove or edit any content. If you do post content or submit material, and unless we indicate otherwise, you: (a) grant Nook Limited and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Nook Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nook Limited, including the execution of deeds and documents, at the request of Nook Limited. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to nooklondon.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Nook Limited policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Nook London Limited and nooklondon.com and its affiliates for all claims brought by a third party against Nook London Limited or its affiliates arising out of or in connection with a breach of any of these warranties.
Because nooklondon.com lists many products for sale on the website it is not possible for us to be aware of the contents of each product listed for sale. Accordingly, nooklondon.com operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, please notify us immediately. Once this procedure has been followed, Nook London Limited will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
Copyright, authors’ rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nook Limited, its affiliates or its content suppliers and is protected by international copyright, authors_ rights and database right laws.
The compilation of all content on this website is the exclusive property of nooklondon.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Nook Limited, our affiliates or our software suppliers and is protected by international copyright and authors_ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Nook London Limited’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Nook London Limited’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Nook London Limited’s express written consent. Nook Limited and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Nook London Limited immediately providing details of the infringement.
All trademarks or registered trademarks of Nook London Limited or its subsidiaries i.e. Nostalgia Lights, Mimime (collectively “Nook London Limited”), in the European Union and/or other jurisdictions. Nook London Limited’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Nook London Limited. Nook London Limited’s trademarks and trade dress may not be used in connection with any product or service that is not Nook London Limited’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nook London Limited. All other trademarks not owned by Nook Limited that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nook London Limited.
Should You wish to make any comments to Us about the nooklondon.com Site or if you have any questions relating to the same please contact us. Conditions Relating to the Sale of Products to you this section deals with conditions relating to the sale of products by Nook Limited to you. For conditions relating to the sale by third parties to you on nooklondon.com, see the Participation Agreement.
When you place an order to purchase a product from nooklondon.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send your e-mail receipt to you. In most situations, the Seller will not send you confirmation of dispatch, however you can check details of your order and its dispatch status in Your Account on the nooklondon.com Site. Any products on the same order which we have not confirmed in your e-mail receipt do not form part of that contract.
The nooklondon.com Site uses PayPal, a secure payment processor for the safe collection of your payment details. PayPal (http://www.paypal.co.uk), has been approved by a number of banks to facilitate Internet transactions on our behalf. All the information you pass at the payment page (including your credit or debit card numbers) are encrypted using Secure Sockets Layer (SSL) software.
The information is securely passed to PayPal to organise payment processing. The information passed at the payment page is not held in clear text on any web site involved in this process. To ensure that your card is not being used fraudulently, PayPal carries out a series of security checks with your bank to verify your details and authorise your purchase.
The authorisation of the transaction will only last for a set period of time, and your account will be debited immediately if successful. Therefore, for pre-ordered and made to order items your account may have been debited well in advance of you receiving your goods.
We are keen to stress that any orders can be cancelled during our 7-day cooling off period, and that in such instances a full refund is guaranteed subject to the terms described in our Returns and Refunds Policy which you can read here.
There may be exceptions to our Returns policy for Made-to-order items. We would advise that you please retain your nooklondon.com Order Reference Number and receipt as proof of purchase. This will be sent to you by e-mail immediately after we receive your order. If you have any queries on when you will receive your goods, please first check Your Account or contact us via our Contact Page. All orders placed through our website will be subject to our acceptance of the order, and all goods are sold subject to availability. All prices shown on our website show inclusive and also exclusive of any VAT, duties or other taxes applicable to the item within the UK, but may be subject to import tax charges if being delivered outside of the European Union.
Please note that you may be subject to your own local tax/import duties, if the item is being shipped from outside of your specified delivery country.
We do not assume any responsibility for local tax/import charges. If you are in any doubt we recommend you check with your local Customs & Excise Office before making a purchase.
We will deliver to a selection of countries worldwide. It is Your responsibility to check upon ordering the item that we ship to your country. This information is displayed in a “Shipping” page. Dispatch & Delivery times vary according to the Item. It is Your responsibility to check these time scales when placing your order and they can not be guaranteed, they are for guidance only.
Shipping Rates vary. Be sure to check the shipping rates when placing your order. We offer Free Shipping if you purchase over a certain amount.
Please review our Returns Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Items that are expressly made-to-order are exempt from this, and are not entitled to be returned in accordance with Distance Shipping Regulations. Details of this statutory right and an explanation of how to exercise it are provided in the Returns Policy.
Returns of non -faulty items will be refunded less shipping costs on receipt of the returned item. A refund will only be issued if the goods are received in resalable condition. It is the responsibility of the customer to ensure the goods are returned safely and in resalable condition, we advise all returned goods should be returned via a traceable shipping method as items lost in transit will be the responsibility of the shipper.
All faulty, damaged or incorrect items being returned will be advised by Nook London Limited as to the method of return shipping and will be at the cost Nook London Limited.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.
Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
For more details, please review our Pricing and Availability Policy, which apply to products ordered from us.
When ordering goods from www.nooklondon.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.
Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from www.nooklondon.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers, and customers dispatching products internationally, to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
For more information see Customs Information.
Health & Safety
By purchasing any product from Nook Limited, and particularly Home & Garden goods, you acknowledge that you have read and understood our Health & Safety Guidelines. Conditions Relating to Both Your Use of nooklondon.com and Sales to You
Nook Limited does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use nooklondon.com only with the involvement of a parent or guardian. We use reasonable care to prevent material likely to give offence or which is unsuitable for children being displayed on our website. There are, however, certain products that we sell which are unsuitable for children (e.g. Products made from glass that must be handled with care). By placing an order for products with age restrictions You declare that You are of legal age to purchase those products. Should You see material which in Your view is offensive then please contact us using the Contact Us section on the nooklondon.com website.
The Seller’s listing of an item for Sale constitutes an offer to each Buyer to purchase the item at that price and the act of clicking on the “Add to Basket” button by You constitutes acceptance of that offer. Such acceptance will become effective on receipt by the Site of such act. A seller may retract an item listed for Sale at any time but is bound by any offers accepted prior to the retraction.
Parties other than Nook Limited and its subsidiaries operate stores, provide services, or sell product lines on this website. For example, businesses and individuals offer products via their Seller’s Accounts, also known as “eShops” or “microshops”. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Nook London Limited and nooklondon.com do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We make clear when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their own privacy statements and other conditions of use.
When you visit nooklondon.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Nook Limited will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver and Indemnity
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the nooklondon.com Site.
We reserve the right immediately to terminate Your use of the nooklondon.com Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Mimime, Mimime.co, Nook, Nook Limited, Nostalgia Lights, Nostalgia Lights Reserve and nooklondon.com are the trading names for Nook London Limited. This website is owned and operated by Nook London Limited. For the nooklondon.com website: Nook London Ltd, Unit 10, Palmers Road, London, United Kingdom
Registered in United Kingdom.
Company No. 08337442
United Kingdom VAT Reg. No. GB 161 387 701