Terms and Conditions
Terms and Conditions
www.niaballerina.com is a site operated by Nia Ballerina Limited. We are registered in England and Wales [Company No. 9856100 and VAT Registration No. 240556816] and have our registered office address at 114-116 Cranbrook Rd, Ilford IG1 4LZ. Our main trading address is PO Box 16980, Birmingham B23 3LX. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.niaballerina.com (“the website”) and it is your responsibility to read the terms and conditions on each occasion to take notice of any changes made, as they are binding on you. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. These terms and conditions (together with the document referred to in it) govern your use of our website. Use of our site includes accessing, browsing or registering to use our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website at such time will only be accessible if you have registered.
Use of Website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them.
1.4 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if for any reason this website is unavailable at any time or for any period.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor Provided Material
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
1.8 We will report any breach of the above provision to and fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links To and From Other Websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website is for information only and does not mean that we endorse that website. We have no control over the content of those websites. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website or damage or take advantage of our reputation; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we make no representations, warranties or guarantees, whether express or implied, that material is accurate, complete, free from errors or omissions, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion. No content on our website is intended to amount to advice on which you should rely.
1.14 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. The packaging of the products may vary from that shown on images on our site.
Exclusion of Liability
1.15 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. We do not accept liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable) arising under or in connection with using (or inability to use) this website, or use of or reliance on any content displayed on our website. If you are a business user, please note that in particular, we will not be liable for: loss or profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
1.16 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence, or fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under the law of the United Kingdom.
1.17 You (the customer) should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
1.19 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately at firstname.lastname@example.org or by post at PO Box 16980, Birmingham B23 3LX.
1.20 Our website is only intended for use by adults. If you are a consumer, you may only purchase products from our website if you are at least 18 years old. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
1.21 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
Payment Methods, Product Pricing and Title
1.22 The preferred method of ordering products is by online purchase through the website. Add your chosen items to the shopping cart and proceed to the checkout to pay once your order is complete.
1.23 Please note that postage and packaging charges will be added to your purchase at the checkout. You will be notified of this charge prior to payment.
1.24 All online credit and debit card payments can be made using the secure online payment services of PayPal. Please contact us for other payment options at email@example.com. All prices on our website are inclusive of VAT. 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.
1.25 Every effort is made to ensure the pricing and availability displayed on the website is accurate. In the event of an error or if a product is no longer available or is out of stock, we will inform you of this by email and reserve the right to either cancel your order or contact you to make alternative arrangements. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
1.26 We also reserve the right to alter product pricing without notice, but changes will not affect any order you have already placed.
1.27 Please note that the Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment (including all applicable delivery charges), and your order has been shipped.
Order and Dispatch
1.28 When an order is place and the payment made an automatic email is sent confirming your order details. Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order. Product items not included within the dispatch email are not accepted by us as part of the order and therefore not subject to a contract between you, the purchaser and ourselves.
1.29 We reserve the right to delay or refuse orders where a transaction contains incomplete details, where a transaction cannot be verified or where fraud is suspected.
1.30 All orders received by us are shipped subject to availability. The product(s) will be dispatched within 4 business days after receipt of ordering and payment verification.
1.31 If a product is out of stock and we cannot dispatch within 4 business days, we will contact you via email with 24 business hours to explain when we can dispatch the products and/or to offer you a full refund.
1.32 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our reasonable control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
1.33 For standard delivery, please allow for up to 7 working days for delivery following the dispatch of your order. Delivery shall be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time. If we miss any given delivery deadline then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
Cancellations, Returns and Refunds
1.34 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations you have the right to cancel your online purchase from the date of the dispatch confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the contract between us is formed, and ends 14 days after the day you receive your goods. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
1.35 To meet the cancellation deadline, please either notify us via email at firstname.lastname@example.org or by phone on
+44 (0) 121 647 3759. Alternatively you can copy and paste cancellation form at the end of these terms and conditions into an email, complete and send or print and post to us before the cancellation period has expired.
1.36 If you cancel your purchase 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. 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. We will also 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 (provided that this is a common and generally acceptable method). Any refunds made will be made on the credit card or debit card used by you to pay. No right of cancellation, refund or return otherwise exists once you have used your products, unless the product is defective and you are returning it for this reason.
1.37 Whilst in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to our contact address at your own cost (unless we delivered the item to you in error or the item is not as described or is damaged or defective) as soon as possible once you have cancelled the order. Our Returns Address is: Nia Ballerina Limited, PO Box 16980, Birmingham B23 3LX.
1.38 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect.
1.39 If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
1.40 Subject to clause 1.35, you are responsible for paying any postage or shipping costs incurred when returning the product. If the product is defective we will refund any postage costs incurred.
1.41 All returns must be sent by Royal Mail to our Returns Address and recommend you use registered post, so that a record of the return is available for you. We will not issue refunds for any items lost or stolen in transit to us.
1.42 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
1.43 In circumstances where we have agreed to refund postage charges, note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
1.44 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
1.45 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of us receiving the returned goods.
1.46 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
Health and Safety
1.47 All products featured on our website carry the European CE Safety Mark.
1.48 Nia Ballerina currently supplies it's products to countries within the European Union, North America and Canada, and therefore does not accept liability for any product used outside of these stated countries should any person suffer an injury whilst using it's product(s). The liability in such circumstances is wholly the purchaser of the product.
1.49 Nia Ballerina encourage all our customers to carefully consider whether their child, or children, are old enough for any item featured on our website.
1.50 We endeavour to respond to all customer complaints or queries within 48 hours. If you do have a complaint, query, suggestion or compliment, please do not hesitate to contact us by email at email@example.com or by pre-paid post to: Nia Ballerina Limited, PO Box 16980, Birmingham B23 3LX United Kingdom.
1.51 Where you experience a fault with a product it can be returned to us in accordance with the above stated information.
Events Outside Our Control (loss etc.)
1.52 We shall not be liable for delay or failure to perform any obligation under these Terms and Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to acts of God, war, civil disorder or industrial dispute.
Law and Jurisdiction
1.53 These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
INFORMATION ABOUT HOW TO CONTACT US
If you have any queries, please do not hesitate to contact us on +44 (0) 121 647 3759 or by email at firstname.lastname@example.org or by post to: Nia Ballerina Limited, PO Box 16980, Birmingham B23 3LX United Kingdom.
Copyright © 2016 Nia Ballerina™. All rights reserved.
(Complete and return this form only if you wish to withdraw from the contract)
To: Nia Ballerina Limited, PO Box 16980, Birmingham B23 3LX United Kingdom.
Telephone: +44 (0) 121 647 3759. Email: email@example.com
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on Date:
Name of consumer:
Address of consumer:
Signature of consumer:
(only if this form is notified on paper)
© Crown copyright 2013.