Terms & Conditions
Terms & Conditions for Online Sales
This page (together with the documents expressly referred to on it) tells you information about us, our merchant sellers (‘Merchants’) and the legal terms and conditions (‘Terms’) on which our Merchants sell the products (‘Products’) listed on our website (‘our Site’) to you.
These Terms will apply to us and the contract between you and our Merchants for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause . Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Site. No variation of, or addition to, the Terms shall take effect unless agreed in writing by the parties.
These Terms, and any Contract between you and our Merchants, are only in the English language.
1. Information About Us and our Merchants
1.1 We operate the website www.shoppingnerd.co.uk. We are Shopping Nerd Limited, a company registered in England and Wales under company number 08583081 and with our registered office at 145-157 St John Street, London, England, EC1V 4PW.
1.2 To contact us, please see our Contact Us page.
1.3 Full details for each of the Merchants offering Products for sale on our Site can be found on each individual product page.
1.4 Please note that, although we own and operate the Site, we do not assume responsibility for any Contracts concluded between you and our Merchant for the supply of the Products using the Site. We do not act as the Merchant’s agent and while we will endeavour to help resolve any disputes between you and the Merchants we are not responsible for the actions of any Merchant or any Products sold by the Merchants.
2.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although our Merchants make every effort to be as accurate as possible, some of the sizes, weights, capacities, dimensions and measurements indicated on our Site have a may have a percentage tolerance. If relevant, this will be indicated on the item description displayed on the Site.
2.3 The packaging of the Products may vary from that shown on images on our Site.
2.4 All Products shown on our Site are subject to availability. Our Merchants will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of Our Site
3.1 Your use of our Site is governed by our Terms of Website Use. Please take time to read this as it includes important terms which apply to you.
4. How We Use Your Personal Information
5. If You Are a Consumer
5.1 This clause 5 only applies if you are a consumer.
5.2 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.3 Certain Products on our Site can only be purchased if you satisfy the legal age requirement for that Product. Where products are subject to an age limit, the age limit will be listed with the product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our Site.
5.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If You Are a Business Customer
6.1 This clause 6 only applies if you are a business.
6.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.3 These Terms and any document expressly referred to in them constitutes the entire agreement between you, us and our Merchants. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us or our Merchants which is not set out in these Terms or any document expressly referred to in them.
7. How the Contract is Formed Between You and Our Merchants
7.1 For the steps you need to take to place on order on our site, please see our How To Shop Online page.
7.2 Our order process allows you to check and amend any errors before submitting your order to our Merchants. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail confirming we have received your order. However, please note that this does not mean that your order has been accepted. Our Merchants acceptance of your order will take place as described in clause 7.4.
7.4 Our Merchants will confirm their acceptance to you by sending you an e-mail that confirms that the Products have been or will be dispatched (Dispatch Confirmation). The Contract between you and the Merchant will only be formed when they send you the Dispatch Confirmation.
7.5 You may receive more than one Dispatch Confirmation if the Products included in your order are sold by different Merchants.
7.6 If a Merchant is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, the Merchant will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, the Merchant will refund you the full amount as soon as possible.
8. Our Right to Vary These Terms
8.1 We may revise these Terms from time to time. Every time you order Products from our Site, the Terms in force at that time will apply to the Contract between you and our Merchants.
8.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. Your Consumer Right of Return and Refund
9.1 This clause 9 only applies if you are a consumer.
9.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify the Merchant of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 However, this cancellation right does not apply in the case of any:
9.3.1made-to-measure or custom-made products;
9.3.2 products made to your specification or that are clearly personalised;
9.3.3 newspapers, periodicals or magazines;
9.3.4 perishable goods, such as food, drink or fresh flowers;
9.4.5 software, DVDs or CDs which have a security seal which you have opened or unsealed.
9.4 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between you and the Merchant is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the next working day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.5 Details of your legal right to cancel and an explanation of how to exercise this right are provided in the Dispatch Confirmation.
9.6 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9, clause 10 below or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Refunds and Complaints
10.1 At Shopping Nerd, We offer a managed returns process to simplify returns for you and our Merchants. To cancel a Contract by exercising your consumer right set out in clause 9 or to request a refund for incorrect or faulty goods, please contact the Merchant via the returns process set out in our Returns and Complaints Policy.
10.2 In the event of cancelation by exercising your consumer right set out in clause 9 you will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave the Merchant notice of cancellation as described in clause 10. If you returned the Products because they were faulty or mis-described, please see clause 10.3 below.
10.3 If you have returned the Products under this clause 10.3 because they are faulty or mis-described, the Merchant will process your request for a refund in accordance with our Returns and Complaints Policy and where appropriate will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to the Merchant.
10.4 All refunds made to you will be to the credit card or debit card used by you to pay.
10.5 If the Products were delivered to you:
10.5.1 You must return the Products to the Merchant as soon as reasonably practicable;
10.5.2 Unless the Products are faulty or not as described (in this case, see clause 10.3 and our Returns and Complaints Policy), you will be responsible for the cost of returning the Products to the Merchant;
10.5.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
11.1 Your order will be fulfilled by the Merchant by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Merchant’s Control. If our Merchants are unable to meet the estimated delivery date because of an Event Outside Our Merchant’s Control, the Merchant will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when the Merchant delivers the Products to the address you gave when you placed your order.
11.3 The Products will be your responsibility from the completion of delivery.
11.4 You shall own the Products once we have received payment in full, including all applicable delivery charges.
12. No International Delivery
12.1 Unfortunately, our Merchant’s do not off delivery to addresses outside the UK.
12.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
13. Price of Products and Delivery Charges
13.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any order which our Merchants have confirmed with a Dispatch Confirmation.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Delivery charges shall be as quoted on our Site during the checkout process from time to time. Please refer to our Delivery Charges page for information about how delivery charges are calculated. Please note you will be able to check relevant delivery charges before you place your order.
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. Our Merchants will normally check prices as part of our dispatch procedures so that:
13.5.1 Where the Product’s correct price is less than the price stated on our Site, our Merchant will charge the lower amount when dispatching the Products to you; and
13.5.1 If the Product's correct price is higher than the price stated on our Site, the Merchant will contact you as soon as possible to inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your order. Our Merchants will not process your order until they have your instructions. If the Merchant is unable to contact you using the contact details you provided during the order process, the Merchant will treat the order as cancelled and notify you in writing.
14. How to Pay
14.1 You can only pay for Products using a debit card or credit card. We accept the following cards: American Express, Visa, Visa Debit, Visa Electron, Visa Purchasing, Visa Pay, MasterCard, MasterCard Debit and PayPal.
14.2 Payment for the Products and all applicable delivery charges is in advance.
15. Manufacturer Guarantees
15.2 Some of the Products our Merchants sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
15.3 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. Our Merchant’s Warranty for the Products
16.1 Some Products which do not have a manufacturer's guarantee, may have the benefit a warranty provided by the Merchant that on delivery and for a period of months from delivery, the Products shall be free from material defects. If a warranty is provided it will be expressly stated in the Product description shown on the Site. In any event, such warranties shall not apply in the circumstances described in clause 16.2.
16.2 Any warranty provided by a Merchant in relation to a Product as described in clause 16.1 shall not apply to any defect in the Products arising from:
16.3.1 Fair wear and tear;
16.3.2 Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
16.3.3 If you fail to operate or use the Products in accordance with the user instructions;
16.3.4 Any alteration or repair by you or by a third party who is not one of our Merchant’s authorised repairers; or
16.3.5 Any specification provided by you.
16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. Our Liability to You
17.1 We do not assume any liability for any Contracts concluded between you and our Merchant for the supply of the Products using the Site. As a result, our liability shall be limited to those obligations for which we expressly take responsibility under these Terms.
17.2 We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
17.3 Nothing in these Terms limit or exclude our liability for:
17.3.1 Death or personal injury caused by our negligence;
17.3.2 Fraud or fraudulent misrepresentation;
17.3.3 Any other non-excludable statutory rights
17.4 If we fail to comply with these Terms, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we shall not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it is contemplated by us.
18. Our Merchant’s Liability if You are a Business
18.1 This clause 17 only applies if you are a business customer.
18.2 Our Merchants only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
18.3 Nothing in these Terms limit or exclude our Merchant’s liability for:
18.3.1 Death or personal injury caused by our negligence;
18.3.2 Fraud or fraudulent misrepresentation;
18.3.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
18.3.4 Defective products under the Consumer Protection Act 1987.
18.4 Subject to clause 18.3, our Merchants will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
18.4.1 Any loss of profits, sales, business, or revenue;
18.4.2 Loss or corruption of data, information or software;
18.4.3 Loss of business opportunity;
18.4.4 Loss of anticipated savings;
18.4.5 Loss of goodwill; or
18.4.6 Any indirect or consequential loss.
18.5 Subject to clause 18.3 and clause 18.4, our Merchant’s total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
18.6 Except as expressly stated in these Terms, our Merchants do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, our Merchants will not be responsible for ensuring that the Products are suitable for your purposes.
19. Our Merchant’s Liability if You are a Consumer
19.1 This clause 19 only applies if you are a consumer.
19.2 If our Merchants fail to comply with these Terms, they shall be responsible for loss or damage you suffer that is a foreseeable result of their breach of these Terms or their negligence, but they are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Merchant’s breach or if it was contemplated by you and the Merchant at the time you entered into the Contract.
19.3 Our Merchants only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.4 Our Merchants do not in any way exclude or limit their liability for:
19.4.1 Death or personal injury caused by their negligence;
19.4.2 Fraud or fraudulent misrepresentation;
19.4.3 Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
19.4.4 Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
19.4.5 Defective products under the Consumer Protection Act 1987.
20. Events Outside Our Merchants’ Control
20.1 Our Merchants will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under a Contract that is caused by an Event Outside Our Merchants’ Control. An Event Outside Our Merchants’ Control is defined below in clause 20.2.
20.2 An Event Outside Our Merchants’ Control means any act or event beyond our Merchants’ reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
20.3 If an Event Outside Our Merchants’ Control takes place that affects the performance of its obligations under a Contract:
20.3.1 Our Merchant will contact you as soon as reasonably possible to notify you; and
20.3.2 The Merchant’s obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Merchants’ Control. Where the Event Outside Our Merchants’ Control affects its delivery of Products to you, they will arrange a new delivery date with you after the Event Outside Our Merchants’ Control is over.
21. Communications Between You, Us and Our Merchants
21.1 When we refer, in these Terms, to "in writing", this will include e-mail and other electronic means of communication.
21.2 As all Contracts for the sale of Products via our Site are between you and our Merchants, you should contact the Merchant via our Shopping Nerd platform for all questions or queries relating to Products or orders. These include but are not limited to communications:
21.2.1 to enquire about an Product they have for sale on our Site;
21.2.2 to find out when your order will be dispatched and when it should be delivered;
21.2.3 if your order doesn't arrive by the estimated delivery date;
21.2.4 if a Product you received arrived damaged or defective;
21.2.5 if a Product you received isn't the same as the Product listed; and/or
21.2.6 to request a refund in accordance with your consumer right as set out in clause 9.
21.3 Details of the steps you should take to contact our Merchants are set out in our ‘Communications with Merchants’ guide.
21.4 If you have any questions about our Site or wish to contact us, our contact details are available on our Contact Us page.
22. Other important terms
22.1 As set out in these Terms, our Merchants shall be responsible for all obligations under a Contract. Our Merchants may in some circumstances, transfer these obligations to another organisation, but this will not affect your rights or our Merchants’ obligations to you under these Terms.
22.2 You may only transfer your rights or your obligations under these Terms to another person if our Merchants agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 16 to the recipient of the gift without needing to ask our Merchants’ consent.
22.3 These Terms govern the relationship between you, us and our Merchants. Any Contract for the sale and purchase of Products shall be between you and the Merchant selling the Products. No other person other than you, us and our Merchants shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or our Merchants fail to insist you perform any of your obligations under this Terms, or if we do not enforce our rights against you, our Merchants fail to enforce their rights against you or if we or our Merchants delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you or our Merchants do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You, our Merchants and we all agree to that the courts of England and Wales will have exclusive jurisdiction.
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