Terms of service

1. OUR CONTRACT WITH YOU

We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. We will confirm acceptance of your order by sending you an email that confirms your purchase has been dispatched. A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) (“Contract”). If you require any information concerning your order please email us at marketing@nichebrowco.co.uk with your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a product or pricing error if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

If you wish to make a change to the products you have ordered please contact us via email. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

2. PURCHASE-RELATED POLICIES

The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packaging of Products may also vary from that shown in images on our website.

The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with Scottish law.

You may only purchase Products from our site if you are at least 18 years old.

3. CANCELLATION RIGHTS

We hope that you are delighted with your order, however, because you are a consumer and have purchased your Product online, you have a legal right to cancel your Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days provided they are unopened and sealed within their original packaging.

Your right to return goods does not apply to goods:

1. That have been used.

2. made to your specification; or

3. which have been clearly personalised (such as by being engraved); or

4. which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or

5. where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

To cancel a Contract, you just need to let us know that you have decided to cancel. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation form by email or by post, then your cancellation is effective from the date we confirm receipt.

If you cancel your Contract we will:

  • • refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (or you can choose to have such goods returned to you within 14 days of our notification that we intend to make a deduction). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • • refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
  • • make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
  • • refund you on the credit card or debit card or other payment method used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers. You will receive email notification of your refund from our Customer Services Team.

EXCHANGES.

6. If you indicate in your cancellation request that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances a new Contract will be deemed to have been formed between us in relation to the new

Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Product and the original Contract between us will be cancelled.

If a Product has been dispatched to you or you have received them before you decide to cancel your Contract then:

  • • then you must return it to us without undue delay (in the original product packaging if possible) and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
  • • when returning goods please obtain a proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed;
  • • unless the Product is faulty or not as described you will be responsible for the cost of returning the Product to us.
  • • please note during peak trading times such as sales or new products launches we are unable to cancel orders, issue refunds, exchanges for 7 days.

If you cancel your order but do not send off such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.

If you made your purchase through a partnered retail location, such as an airport or department store, then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us.

7. YOUR OTHER STATUTORY RIGHTS TO RETURN PRODUCTS UNDER THE CONSUMER RIGHTS ACT 2015

Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in clause 5 above or anything else in these Terms and Conditions or elsewhere on this Site.

8. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 6 and for defective Products under the Consumer Protection Act 1987.

9. TRANSFER OF RIGHTS

We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

10. COMPLAINTS

• In case of complaint about your online purchase, you may contact us by email at customercare@nichebrowco.co.uk

11. Intellectual property

Unless otherwise stated, our Website is presented solely for your personal and non-commercial use. Your use of our Website grants no rights to you in relation to any intellectual property rights including, without limitation, trademarks whether registered or unregistered, copyright, designs, logos, graphics, photographs, animations, videos, text, get-up, styling and branding belonging to us or the intellectual property of third parties in our Website and its contents persisting in any jurisdiction whether or not it is expressly identified as proprietary intellectual property. You may use our Website and its contents only as expressly authorised by us.

You may not copy, reproduce, republish, download, store, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content, image, copy or any other element of our Website or the computer codes of elements comprising our Website.

You agree to indemnify us and to keep us indemnified on demand in relation to any claim for damages (including any legal fees in relation to such claim for damages) made by us or by any third party for any breach or suspected breach by you of this clause 11.

  1. 12. Your Use of Our Website a. use our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
  2. b. use our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
  3. c. use our Website for any purpose other than personal use and in a lawful manner in accordance with applicable law;
  4.  

You agree that in using our Website you will not:

    1. d. email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright or other intellectual property rights, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, belief, political persuasion or disability;
    2. e. advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email;
    3. f. transfer files that contain viruses, trojans or other harmful programs; or
    4. g. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate our Website security measures.
    5.  

We reserve the right to suspend, restrict or terminate your access to our Website at any time without notice at our discretion.

You agree to indemnify us and to keep us indemnified on demand in relation to any claim for damages (including any legal fees in relation to such claim for damages) made by a third party in respect of any matter in relation to or arising from your use of our Website including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.

We cannot give any assurances that our products may be made available or used in any particular jurisdiction outside the UK under any applicable non-UK laws or regulations. You accept that if you are resident outside the UK or EEA, you must satisfy yourself that you are lawfully able to purchase and use the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the UK or the EEA.

13. Content

By submitting information, text, photos, graphics or other content to us via our Website, you grant us the irrevocable, worldwide, perpetual royalty free right to use such content at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such content from our Website, and on all the social media channels we use from time to time.

You confirm that you have the right to submit any content submitted to or posted by you on our Website and have obtained all necessary licences, consents and/or approvals for us to use the content as contemplated in these Terms.