Please read these conditions
carefully before using the NUCIG.co.uk website. By using the NUCIG.co.uk
website, you signify your agreement to be bound by these conditions.
This website
is operated by NUCIG Limited (referred to as "NUCIG/we/our/us"). As
user of this website (referred to as "you/your") you acknowledge that
any use of this website including any transactions you make
("use/using") is subject to our terms and conditions .
1. General
1.1 We
reserve the right to change these terms and conditions at any time. Any such
changes will take effect when posted on the website and it is your
responsibility to read the terms and conditions on each occasion you use this
website and your continued use of the website shall signify your acceptance to
be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any
business on whose behalf you use this website
1.3 When you use certain NUCIG services (including without limitation Monthly
Subscription, MyRewards scheme) please read
the additional information provided with regards to such services as this
information will provide you with full details on how to use such services.
1.4 Certain website services will require registration and subsequent access to
those services will be subject to an approved login name and password
("Password Details"). Information that you provide on this website
must be accurate and complete. All Passwords Details are accepted and may be
withdrawn at our sole discretion and are exclusive to you and non-transferable
and must be treated as strictly confidential at all times. In the event that
you have any concerns regarding your Password Details or become aware of any
misuse then you must inform us immediately.
1.5 The products provided on this site are for the sale to and use by persons
of age 18years and older. By using this
site you confirm that you are over 18. We carry out further checks to verify
your age with a registered credit reference agency and, if we are unable to
verify you are over 18, we will cancel your order.
2 Your Account
2.1 If you use the website, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer to prevent unauthorised access to
your account. You agree to accept responsibility for all activities that occur
under your account or password. You should take all necessary steps to ensure
that the password is kept confidential and secure and should inform us
immediately if you have any reason to believe that your password has become
known to anyone else, or if the password is being, or is likely to be, used in
an unauthorised manner.
2.2 Please ensure that the details you
provide us with are correct and complete and inform us immediately of any
changes to the information that you provided when registering. You can access
and update much of the information you provided us with in the Your Account area of the
website.
2.3 NUCIG reserves the right to refuse access
to the website, terminate accounts, remove or edit content, or cancel orders at
our discretion. If we cancel an order, it will be without charge to you.
2.4 At NUCIG we value your privacy, we do not share your details with third parties. From time to time, we may send you marketing emails direct from NUCIG detailing develpoments and special offers provided by NUCIG. If you wish not to receive these emails - you will have the chance to opt out using links provided in the email.
3. Order process
3.1 All
orders that you place on this website will be subject to acceptance in
accordance with these terms and conditions.
3.2 The 'Order Received/Processing' stage sets out the final details of your
order. Following this, we will send to you an order received email detailing
the products you have ordered. Please note that this email is not an
order confirmation or order acceptance from NUCIG.
3.3 Acceptance of your order and the completion of the contract between you and
us will take place on despatch to you of the products ordered and confirmed via
email unless we have notified you that we do not accept your order
or you have cancelled it.
4. Payment
4.1 We take
payment from your card at the time we receive your order, once we have checked
your card details and stock availability. Goods are subject to availability. In
the event that we are unable to supply the goods, we will inform you of this as
soon as possible. A full refund will be given where you have already paid for
the goods.
4.2 To ensure that your credit, debit or charge card is not being used without
your consent, we will validate name, address and other personal information
supplied by you during the order process against appropriate third party
databases. By accepting these terms and conditions you consent to such checks
being made. In performing these checks personal information provided by you may
be disclosed to a registered Credit Reference Agency which may keep a record of
that information. You can rest assured that this is done only to confirm your
identity, that a credit check is not performed and that your credit rating will
be unaffected. All information provided by you will be treated securely and
strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we
receive your order. For international customers a currency converter may be
utilised.
4.4 While we
try and ensure that all prices on our website are accurate, errors may occur.
If we discover an error in the price of goods you have ordered we will inform
you as soon as possible and give you the option of reconfirming your order at
the correct price or cancelling it. If we are unable to contact you we will
treat the order as cancelled. If you cancel and you have already paid for the
goods, you will receive a full refund.
4.5 Payment can be made by any method specified during the checkout procedure. For information about secure online ordering
see our home page.
4.6 Title to any products you order on this website shall pass to you on
delivery of the products provided that we have processed and received payment
in full for the products.
5. Delivery
5.1 All
goods must be signed for by an adult aged 18 years or over on delivery.
5.2 Incorrect, Missing or Faulty orders must be reported within 5 days fo receipt.
5.3 We make every effort to deliver
goods within the estimated timescales, however delays are occasionally
inevitable due to unforeseen factors. NUCIG shall be under no liability for any
delay or failure to deliver the products within estimated timescales. Orders not recd within 10 working days will be resent at no extra cost and a claim made against our carrier.
5.4 Risk of loss and damage of products passes to you on the date when the
products are delivered or on the date of first attempted delivery by us.
5.5 Next day service applies to orders with confirmed payments received Monday - Friday by 3PM. Orders placed at the week end dispatch on the next working day which is Monday - to you Tuesday.
5.6 We deliver worldwide - however it is the customers responsibility to ensure that the items are legal & permitted for entry to the destination country/address. NUCIG can not be held reponsible for loss due to custom charges, delays or restrictions. Import of goods to countries oustide of UK is at the buyers sole risk - please check with your local authorities.
5.7 orders or items for which no payment has been received, belong the property of NUCIG. Such recd items must be reported to NUCIG within 5 days of receipt to avoid escalation by NUCIG.
6. Returns, Cancellations and Substitutions
6.1 We offer
a 30-day money back guarantee on all starter & full kits ordered on this site. A full refund is available provided that the item is returned unopened, unused and within the stipulated return RMA date. A 20% re-stocking / used fee is applicable for opened and used items. Returns are subject to postage at buyers cost. All returns are subject to our acceptance and condition of returned goods with an authorised RMA. A 30 day warranty period covers faulty or failed items. Customer must obtain RMA prior to returning items and provide cost of carriage - see here how to obtain RMA . In the
unlikely and rare event that you receive faulty or damaged goods, we will replace items free of cost and delivery.
6.2 We provide 1 year warranty on (non consumable) all cables, adaptors, plugs. The battery, PCC and atomiser unit is a consumable and will require replacement over time.
6.3 Sometimes the product specifications from the manufacturer may change, in
which case we will do our best to offer you a similar alternative. We may
experience problems with the supply of certain products and may therefore
supply a substitute of the same or better quality at the same price. If you are
not happy with the replacement or substitute you can return it in accordance
with our 10-day money back guarantee.
7. Intellectual Property
7.1 You
acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as part of your
use of this website shall remain at all times vested in NUCIG. You are
permitted to use this material only as expressly authorised by NUCIG.
7.2 You acknowledge and agree that the material and content contained within
this website is made available for your personal non-commercial use only and
that you may only download such material and content for the purpose of using
this website. You further acknowledge that any other use of the material and
content of this website is strictly prohibited and you agree not to (and agree
not to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative works
of such material and content.
8. Liability and Indemnity
8.1 Nothing
in these terms and conditions excludes or limits liability for death or
personal injury caused by negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or excluded under applicable
law.
8.2 Subject to Section 8.1 above, NUCIG will use reasonable endeavours to
verify the accuracy of any information on the site but makes no representation
or warranty of any kind express or implied statutory or otherwise regarding the
contents or availability of the site or that it will be timely or error-free,
that defects will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the website NUCIG will not be responsible or liable to
you for any loss of content or material uploaded or transmitted through the
website and NUCIG accepts no liability of any kind for any loss or damage from
action taken or taken in reliance on material or information contained on the
site.
8.3 Subject to Section 8.1 above, other than as expressly provided in these
terms and conditions with respect to specific products and except for the
exclusive remedies set out at Section 6 above, any indemnities, warranties,
terms and conditions (whether express or implied) are hereby excluded to the
fullest extent permitted under applicable law.
8.4 Subject to Section 8.1 above, NUCIG will not be liable, in contract, tort
(including, without limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent misrepresentations) or
otherwise out of or in connection with the terms and conditions for any:
economic
losses (including without limitation loss of revenues, data, profits,
contracts, business or anticipated savings); or
loss of
goodwill or reputation; or
special
or indirect losses
suffered
or incurred by that party arising out of or in connection with the
provisions of any matter under these terms and conditions.
8.5
Notwithstanding the above, subject to Section 8.1 NUCIGs aggregate liability
(whether in contract, tort or otherwise) for loss or damage shall in any event
be limited to a sum equal to the amount paid or payable by you for the
product(s) in respect of one incident or series of incidents attributable to
the same clause and a maximum of £100.
8.6 This clause 8 does not affect your statutory rights as a consumer, nor does
it affect your contract cancellation rights.
8.7 We will take all reasonable precautions to keep the details of your order
and payment secure, but, unless we are negligent, we cannot be held liable for
any losses caused as a result of unauthorised access to information provided by
you.
9. Miscellaneous Provisions
9.1 The
contract between us shall be governed by the laws of England and any dispute
between us will be resolved exclusively in the courts of England. English is
the only language offered for the conclusion of the contract.
9.2 We have selected our products on the basis that they will be used for
domestic use only, if you are planning to use them for business purposes please
make sure that you are covered by the appropriate insurance. Where you decide
to use the products in the course of a business, we exclude (to the fullest
extent permitted by law) those warranties and conditions relating to fitness
for a particular purpose. Our maximum liability to business users arising out
of or in connection with the products shall be limited to the replacement value
of the product in question (except in the case of death or personal injury
caused by our negligence or in respect of fraud). In relation to business
users, we do not accept liability for the fitness of goods for business
purposes, nor do we accept liability for loss of use of the item nor any loss
over and above the cost of the item in the event of a claim for breach of
warranty or condition.
9.3 NUCIG shall be under no liability for any delay or failure to deliver
products or otherwise perform any obligation as specified in these terms and
conditions if the same is wholly or partly caused whether directly or
indirectly by circumstances beyond its reasonable control.
9.5 You may not assign or sub-contract any of your rights or obligations under
these terms and conditions or any related order for products to any third party
unless agreed upon in writing by NUCIG.
9.6 NUCIG reserves the right to transfer, assign or sub-contract the benefit of
the whole or part of any of its rights or obligations under these terms and
conditions or any related contract to any third party.
9.7 If any portion of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity or
enforceability of the other sections of these terms and conditions shall not be
affected.
9.9 No delay or failure by NUCIG to exercise any powers, rights or remedies
under these terms and conditions will operate as a waiver of them nor will any
single or partial exercise of any such powers, rights or remedies preclude any
other or further exercise of them. Any waiver to be effective must be in
writing and signed by an authorised representative of NUCIG.
9.10 These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior representations
understandings and agreements between you and NUCIG relating to the use of this
website (including the order of products) and sets forth the entire agreement
and understanding between you and NUCIG for your use of this website.
Third-Party Links In an
attempt to provide increased value to our visitors, NUCIG Limited
may link to sites operated by third parties. However, even if the third
party is affiliated with NUCIG Limited, NUCIG Limited has
no control over these linked sites, all of which have separate privacy
and data collection practices, independent of NUCIG Limited.
These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, NUCIG Limited seeks to
protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites
it links to as well (including if a specific link does not work).
The NUCIG website is operated by:
NUCIG
Limited
Shearway Business Park
Folkestone
Kent
CT19 4RH
Registered
in England with Company Number 06808415
VAT Number 975 8748 44
