Terms and Conditions

1. TERMS & CONDITIONS OF SALE

1.1. What these terms cover. These are the Terms and Conditions on which we supply goods to you.

1.2. Why you should read them.; Please read these Terms and Conditions carefully before you submit your order for goods (Order) to us. These Terms and Conditions tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other essential information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.

1.3. Amending the terms. We amend these Terms from time to time. Every time you wish to place an Order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10th May 2018.

1.4. Language. These Terms, and any Contract between us, is only in the English language.

2. INFORMATION ABOUT US

2.1. Who we are. We operate the website www.madebynook.co.uk. We are trading as Kevan Baldwin for Made by …Nook, office at The Old Warehouse, Bridge Street, Rotherham, S60 1QJ.

3. ARE YOU A BUSINESS OR A CONSUMER?

3.1. Depending on whether you are a business or a consumer you will have different rights in some areas regarding these Terms and Conditions.

3.2. You are a consumer if:
i. You are an individual; and
ii. You are buying goods from us wholly or mainly for your personal use (not for use relating to a trade, business, craft or profession).

3.3. Our furniture, gifts and accessories are sold for domestic and private use only. Any other intended use should be declared at the time of placing the Order and may be subject to alternative terms and conditions of sale. We accept no responsibility for, and will not incur any liability in respect of goods which are used for purposes other than domestic or private use, other than expressly stated in these Terms and Conditions.

3.4. Our retail displays are sold for display purposes and classed as business purchases.

3.5. If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our site to purchase products.

4. CONTACTING US

4.1. How to contact us. You may contact us by telephone on 01709 269 137 or by writing to us at info@madebynook.co.uk, or Made by…Nook, The Old Warehouse, Bridge Street, Rotherham, S60 1QJ. If you are e-mailing us please include details of your Order to help us identify it.

4.2.How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

4.3. Writing. Writing includes emails.

4.4. Our site. Our website is www.madebynook.co.uk.

5. OUR CONTRACT WITH YOU.

5.1. How we will accept your Order. All items displayed or promoted as being available for sale are subject to availability. By placing an Order on our website, it constitutes an offer to us to buy Products. All Orders placed are subject to acceptance by us and we are free to accept or decline at our absolute discretion. Our acceptance of your Order will take place when we write to you to accept your order, at which point a contract will come into existence between you and us.

5.2. How we process your Order. Your Order goes into process as soon as your Order has been accepted and whether your goods are from our standard offering within our current portfolio or, they are bespoke/custom-made goods i.e. an item that is made to your specification (Bespoke Order), the process of allocating or ordering materials to create your goods begins immediately. We ask you to choose carefully, consider colours where necessary and measure any areas you think may be a problem prior to placing your Order.

5.3. Quotations. A quotation given by us is subject to these conditions and shall not constitute an offer. A quotation can be given orally or in writing but shall be valid for the period that is confirmed by us. If no such period is confirmed or set out, a quotation shall last for a period of 2 business days from the date it was given.

5.4. Accuracy of details you provide and your responsibility to provide information. Responsibility lies exclusively with you for ensuring the accuracy of the details of any Order (including but not limited to your contact details, delivery address, description and quantity of goods).

5.5. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the goods and we will refund you any money you have paid in advance for the goods. We reserve the right to refuse any Order.

5.6. We may cancel an Order at any time before the Products are delivered. We will notify you of such cancellation and promptly repay to you any sums paid in respect of the price of the Products.

5.7. Our target sales market is the UK. We may be able to accept orders from addresses outside the UK. Please contact us by telephoning 01709 269 137 or by writing to us at info@madebynook.co.uk for more information as to orders and deliveries to addresses outside of the UK.

6. OUR GOODS

6.1. Goods may vary slightly from their pictures. The images of the goods on Our 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 goods. Your goods may vary slightly from those images.

6.2. Drawings, descriptions, illustrations, samples, weights and dimensions are for general guidance. All drawings, descriptions, illustrations, samples, weights and dimensions provided, whether:
(a) on Our Site;
(b) in one of our retail shops, showrooms, workshop, or any of our other premises or outlets which we may operate from time to time; or
(c) on other marketing materials,
are approximate and intended for general guidance purposes only and the accuracy cannot be warranted by us.

6.3. Goods may vary in dimensions and in look and finish. Although we have made every effort to be as accurate as possible, because some of our goods are handmade, all dimensions indicated on Our Site are approximate. Many of our goods are made from natural materials which have variations in their colour, markings, texture, look and finish, such as wood which has knots and inconsistencies within the grain, these are not considered defects. Because of this, please be aware that goods purchased in separate Orders may vary in appearance.

6.4. Goods packaging may vary. The packaging of the goods may vary from that shown in images on Our Site.

6.5. Advice and recommendation. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the goods, is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such advice or recommendation.

6.6. Recommendations and endorsements. In the event of a recommendation or endorsement by us, then such recommendation or endorsement is the personal opinion of certain employees of ours and we take no responsibility for, and will not incur any liability in respect of such recommendation or endorsement. The use of such a recommendation or endorsement is entirely at your own risk.

7. BESPOKE GOODS

7.1. Bespoke Order. All Bespoke Orders for custom-made goods must be specified in writing by you and are subject to our express acceptance. It is at our discretion if we accept oral orders. With respect to Bespoke Orders, produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defense thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.

7.2. Amendments to our designs are classed as Bespoke Orders. If you request that one of our designs is revised or adapted in any way, including but not limited to size, colour, finish, this will be classed as a Bespoke Order.

7.3. Measurements. If we are making goods to measurements you have given us, you are responsible for ensuring that these measurements are correct. We will not accept any liability for any loss incurred by you because of incorrect or incomplete descriptions, measurements or information supplied by you to us in your specification.

8. YOUR RIGHTS TO MAKE CHANGES

8.1. If you wish to make a change to the goods you have ordered please contact us. 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 goods, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.

9. OUR RIGHTS TO MAKE CHANGES

9.1. Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.

9.2. Except in relation to pending Orders, we reserve the right to alter sizes and/or specifications of any of our goods, and to make any changes or discontinuations to our goods and product ranges without prior notice.

10. DELIVERY

10.1. Delivery costs. The costs of delivery will be as displayed on Our Site or otherwise informed by our sales team.

10.2. Delivery address. We will deliver goods to the address specified on the Order, you are responsible for ensuring that this is the correct address. The delivery address stated on the Order cannot be amended or changed. If such a change to the delivery address is requested, we may cancel the Order at our discretion.

10.3. When we will provide the goods. Our regular delivery schedules run on weekdays excluding public holidays. We will deliver the goods to you as soon as reasonably possible and we will contact you to agree a delivery date, which will be between 8-10 weeks after the day on which we accept your Order, unless otherwise agreed. We will use reasonable endeavours to complete delivery on or before any delivery dates which you have requested or we have estimated at the time of placing the Order. Any dates that we specify for delivery of the goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the goods howsoever caused. We will not be obliged to offer any compensation for disappointment suffered. Upon giving reasonable notice to you, we may deliver the goods in advance of the stated delivery date.

10.4. We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

10.5. Delays outside our control. Delays outside our control means any act or event beyond our reasonable control, including without limitation, strikes, lock outs or 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.

10.6. Collection by you. If you have asked to collect the goods from our premises, you can collect them from us by prior arrangement at a mutually agreed time and date which will be during our working hours of 9am-5pm on weekdays and 10am – 3pm Saturdays excluding public holidays (Working Hours).

10.7. Rearranging an agreed delivery. If you wish to change the delivery date once it is agreed then please give us no less than 3 working days’ notice prior to delivery. Notice within 3 working days of a pre-arranged delivery date will incur a rescheduling charge of £60. If you wish to delay your delivery beyond the agreed delivery date or beyond the delivery lead time agreed at the time of placing your Order then you accept that you will incur storage charges of £20 per week, or part week if applicable, per item. Requests for delivery by specific dates cannot be guaranteed.

10.8. If you are not at home when the goods are delivered. If no one is available at your specified delivery address on the mutually agreed date to take delivery the carrier will leave you a note informing you of how to rearrange delivery. The applicable delivery charges will not be refunded and a further charge will apply to the rearranged delivery in accordance with our charges for standard delivery.

10.9. If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery within 2 working days we will contact you for further instructions and may charge you for storage costs and any further delivery costs. Any charges levied under this clause are for the provision of an extra service and are non-refundable. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.

10.10. When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us, or from the time you (or a carrier organised by you) collect the goods from us.

10.11. When you own the goods. You own the goods once we have received payment in full for the goods, including all applicable delivery charges, and when you take possession of the goods.

10.12. We may suspend supply of the goods if you do not pay. If you do not pay us for the goods in the required time, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. As well as suspending the goods we can also charge you interest on your overdue payments.

10.13. How your goods will be delivered. Your goods will be delivered by a carefully selected third party carrier. You will be given the delivery details and will be able to liaise direct with the carrier.

10.14. You must provide adequate delivery instructions and prepare for your delivery. It is your responsibility to provide adequate delivery instructions and to undertake appropriate preparations for delivery, including (without limitation) to:

(a) advise at the time of Order or of delivery arrangement if there are any vehicle size or access restrictions which may affect the delivery;
(b) ensure that you, or a responsible adult on your behalf, are present to accept the delivery; and
(c) ensure there is clear and safe access to the address for the delivery vehicle; and
(d) ensure there is clear and safe access for the delivery team and the handling of the goods both to and within the premises; and
(e) provide non-slippery protection for your floors (both for carpets and wooden flooring). We cannot be held responsible for damage to floors or carpets; and
(f) ensure the delivery area for the goods is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.

10.15. What will happen if you do not provide adequate delivery instructions or adequately prepare for delivery. If, in the sole discretion of
a. the delivery team, you have failed to comply with the provisions of clause 10.14 then:
the delivery team may return the goods to our depot, in which case the applicable delivery charges will not be refunded and clause 10.9 shall apply; or

b. if access within the premises is deemed to not be safe, clear of obstruction or appropriate you may choose for the goods to be left with you at the specified delivery address but not inside.

10.16. Additions to your Order. If you wish to add goods to an existing Order then we will use reasonable endeavours to fulfil your request. Such additional goods are not subject to the same promotional offers as the original goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the additional goods and:

a. where the supply of such additional goods can be included within a delivery for the original Order, whether scheduled or not, without causing any delay, complications or extra costs (at our own discretion) then extra delivery charges for the additional goods will not apply.

b. where, despite reasonable endeavours to fulfil your request, we are unable to deliver the additional goods within an existing/planned visit then the additional goods will be treated as a new Order and a delivery charge will apply as normal.

10.17. Change in location of goods. The contract is based upon the goods being located at the delivery address as stated on the sales Order. In the event of the location changing at any time then we reserve the right to charge you for any excess in costs reasonably incurred by us as a direct result of such change in location of the goods.

10.18. Your obligations in relation to the goods. It is your responsibility to take reasonable care of the goods and keep the goods clean, safe and secure. If you intend to return or exchange the goods under clause 11 or 12, goods must be returned in the same condition as delivered to you, must not be used and must be covered and protected from any possible damage that may occur and this clause must be complied with until the goods are either posted to us, returned to our depot or collected by us.

11. YOUR RIGHTS TO EXCHANGE GOODS

11.1. You may exchange goods. You may exchange furniture goods for goods of a similar nature at our discretion by notifying us of your intent within 14 days of delivery (or collection of the Goods from us, if applicable), subject to the conditions set out in clauses 10.18, 11.2, 12.4 and 12.10. The goods to be exchanged must be specified at the time of notification to us, otherwise it will be classified as a return (see below) followed by a new Order.

11.2. Payment and promotional offers for exchange goods. Any excess payment due for exchange goods must be made prior to delivery of the goods. Exchange Goods are not subject to the same promotional offers as the original goods unless the promotion is still active.

12. YOUR RIGHTS TO END THE CONTRACT AND RETURN THE GOODS

12.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all your money back), see clause 13 if you are a consumer and clause 15 if you are a business;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;

(c) If you are a consumer and have just changed your mind about the goods, see clause 12.3. You may be able to get a refund if you are within the Cooling-off Period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

12.3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:

(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

(b) you have a legal right to end the contract because of something we have done wrong.

12.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within the Cooling-off Period (as defined in clause 12.6) and receive a refund. These rights are explained in more detail in these Terms and Conditions and are subject to clauses 12.4. We extend the same right to change your mind also to goods purchased in store. You are responsible for the cost of returning the products to us.

12.4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind and any right to an exchange under these terms does not apply in respect of any Bespoke Orders and custom-made goods, products that have been modified or changed in any way to your specification, personalised or engraved products, stock clearance or ex-display items bought in person from our retail shop or any other premises or outlets which we may operate from time to time.

12.5. Your obligations in respect of the goods if you are a consumer exercising your right to change your mind. If you intend to exercise your right as a consumer to change your mind under clause ‎12.3, you must not use the goods and they must be returned in a re-sellable condition with the original tags and labels attached and where applicable in the original packaging.

12.6. How long do consumers have, to change their minds? If you are a consumer exercising your right under clause 12.3, how long you have, to change your mind depends on what you have ordered and how it is delivered. Subject to clause 12.4, you have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery (Cooling-off Period).

12.7. Ending the contract before goods have been delivered and paid for where we are not at fault and there is no right to change your mind. At our sole discretion, you may end the contract before the goods have been delivered and paid for, even if we are not at fault and you are not a consumer exercising the rights set out in clause 12.3, but you may have to pay us compensation.

12.8. In the case of Bespoke Orders and custom-made goods or if you are a business customer, you will not have a right to cancel the Order once we have issued the sales Order. If you are a business customer or for Bespoke Orders and you do wish to cancel all or part of an Order, at any time after you have placed the Order, then you will remain liable to pay for the goods in full.

12.9. Free gifts. For the avoidance of doubt, any free gifts issued with the returned goods are also to be returned.

12.10. Proof of postage. If for any reason you are returning a product to us directly. You MUST obtain proof or postage.

13. OUR RIGHTS TO END THE CONTRACT

13.1. We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
(a) you do not make any payment to us when it is due

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;

(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or

(d) you are not available or able to receive the delivery for any reason on the agreed delivery date

13.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for goods we have not provided, except for the non-refundable deposit, which will be retained as compensation for the net costs we will incur because of your breaking the contract.

13.3. We reserve the right to end the contract at any time without reason.

14. IF THERE IS A PROBLEM WITH THE GOODS

14.1. How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone us or email us at info@madebynook.co.uk. Alternatively, please speak to one of our staff in-store.

15. DEFECTIVE GOODS

15.1. You must inspect your goods upon delivery. Responsibility for inspecting the goods upon delivery rests solely with you. You shall examine the goods upon delivery and shall promptly (within 2 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues.

15.2. If your goods have a fault. If you find a fault with your goods we request that within 2 days of such discovery you provide notification to us with a description of the fault including photos and that you cease using the goods. We shall act promptly to resolve the issue in accordance with your statutory rights, however please note that we shall not be liable if you continue to use the goods or if you attempt to alter or repair the goods without our written consent. There are no circumstances in which you can reject the goods based on defects or failures which are so slight that your rejection would be unreasonable.

15.3. Wood is a natural material. As a natural material it continues to absorb and release moisture. Thus, it can shrink and swell which can result in cracks occurring in the various joints, this is not considered a defect or fault.

15.4.Purposely aged goods. Some products are made to look aged and antique. This includes but not limited to abraded edges, cracks, uneven colour, burn marks and surfaces to add to the rustic aesthetics of the product and not considered defects.

15.5. Refund, Repair or Replacement. We will attempt to repair or replace Goods where possible and arrange with you for the return of the faulty item.

15.6. Goods are sold as individual items. All goods, whether purchased together in the same Order or in separate Orders, are purchased as individual goods and not as part of a set. In the event of a refund, repair or replacement of any goods under this clause, we shall not be liable to refund or replace any other goods purchased by you, whether purchased together in the same Order or in separate Orders, for any reason other than as stated under clause 12.

15.7. Defects notified at point of sale are not deemed unsatisfactory. Any goods sold:

(a) at discounted prices at factory shop or stock clearance sales,

(b) as ex-display;

(c) as remnants; or

(d) as substandard,

will be identified and sold as such. Please check that they are of satisfactory quality for their intended use. Where defects have been drawn to your attention before purchasing the goods, the goods will not be deemed as being unsatisfactory upon the basis of such defects.

16. YOUR RIGHTS IF YOU ARE A BUSINESS

16.1. You must inspect your goods upon delivery. Responsibility for inspecting the goods upon delivery rests solely with you. You shall examine the goods upon delivery and shall promptly (within 2 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues.

16.2. If your goods have a fault. If you find a fault we are given a reasonable opportunity of examining such goods in situ at your premises, if we wish; and you provide us with photographic evidence of the fault. If we deem there to be a suspected fault, the return of the goods will be arranged and we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods subject to reasonable deductions for fair wear and tear. It is not classed as a fault if the defect or failure are so slight that your rejection would be unreasonable.

16.3. We will not be liable for failure of the goods if:

(a) you make any further use of such goods after giving a notice in accordance with clause 16.1; or

(b)the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the goods or (if there are none) good trade practice; or

(c) you alter or repair the goods without our written consent; or

(d) the defect arises as a result of us following any drawing, design or specification supplied by you; or

(e) the defect arises as a result of fair wear and tear, accidental damage, willful damage, negligence, or abnormal working conditions.

(f) the defect is so small it is not classed as a failure or fault, in our opinion.

16.4. We reserve the right to charge you the expense of a service call, collection or return where no fault is found upon inspection.

16.5. These Terms and Conditions shall apply to any repaired or replacement goods supplied by us under clause 16.2.

16.6. The display carts will be wheeled when packaged and delivered. If you require the wheels to not be used in this way you MUST inform us at the time of delivery.

17. PRICE, PAYMENT AND PROMOTIONS

17.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your Order or the price set out in our point-of-sale material in force at the date of your Order. Prices do not include any delivery charges. Any promotions, discounts or exclusive offers displayed will only be applicable for orders placed at the time of such display. We take all reasonable care to ensure that the price of the goods advised to you is correct. However, please see clause 17.4 for what happens if we discover an error in the price of the goods you order.

17.2. Change of price. Prices for our products may change from time to time, but changes will not affect any order you placed before such change.

17.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

17.4. What happens if we got the price wrong. It is possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the goods correct price at your Order date is higher than the price stated to you, we will contact you for your instructions. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.

17.5. When you must pay and how you must pay. We accept payment by credit and debit cards, via our finance provider and via Paypal. You must pay for the goods as follows:

(a) for all Orders placed on the website, the full balance is to be paid at the time of placing the Order.

(b) for Furniture, Bespoke Orders and Orders by business customers made in person: a minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.

For all Orders, goods will not be dispatched until full payment has been received.

17.6. Payment if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms and Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17.8. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% per annum above the base lending rate of National Westminster Bank from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.

18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

18.1. 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, but we are not responsible for any loss or damage that is not foreseeable. Our total liability for losses will be limited to 100% of the total sum of money paid by you for each item of goods under this contract.

18.2. 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 (as applicable); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods; and for defective goods under the Consumer Protection Act 1987.

18.3. We are not liable for business losses. If you are a consumer we only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.

19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

19.1. Nothing in these Terms and Conditions shall limit or exclude our liability for

(a) Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) defective goods under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

19.2. all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.

19.3. Subject to clause 19.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or about any contract between us; and

(b) our total liability to you for all other losses arising under or about any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for each item of goods supplied under such contract.

20. HOW WE MAY USE YOUR PERSONAL INFORMATION

20.1. How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the goods to you;

(b) to process your payment for the goods; and

(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.

20.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.

21. INTELLECTUAL PROPERTY

21.1. ‘Made by Nook’ ‘Mother Nook’ and our logos are our trademarks. All other trademarks displayed on Our Site and in our other marketing materials are our property unless otherwise designated or clearly implied as belonging to third parties. Nothing contained at Our Site or elsewhere shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Indigo or of any third party.

21.2. Intellectual property rights, including but not limited to, copyright exist in all our designs. We believe we have a duty to our customers and to ourselves to vigorously defend these rights when an infringement comes to our attention. For the avoidance of doubt, the copying of our products or the use of our designs to create a derivative work is not permitted and is an infringement of our rights by law.

21.3. You acknowledge that you have no rights in respect of any of our intellectual property (including but not limited to any copyright works, inventions, domain names, patents, web-rights, online rights, registered or unregistered designs, trademark, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) in respect of any of our products or those of our suppliers (collectively the “Products”). You agree not to reproduce or cause to have reproduced any of our Products or designs.

21.4. Any communications which you transmit to us by email or otherwise shall be non-confidential and non-proprietary. We welcome your comments about Our Site, products, service or any aspect of our business. However, you represent and warrant to us, and accept responsibility for, the accuracy, appropriateness, and legality of the messages. You warrant that you own or are authorised to use the copyright and other intellectual property rights in written material, photographs or any other material that you provide to us. Note that any comments, feedback, notes, messages, ideas, suggestions, concepts, know-how, techniques or other communications (collectively “Comments”) contained in any communication which you send to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way provided that personal information shall be used strictly in accordance with our privacy policy. FOR THIS REASON, WE ASK THAT YOU DO NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO US, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.

22. OTHER IMPORTANT TERMS

22.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation. You may not transfer your rights under these Terms and Conditions to someone else.

22.2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms and Conditions. Neither you or us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions.

22.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

22.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

22.5. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. The courts of England and Wales will have exclusive jurisdiction.

22.6. If you are a business customer this is our entire agreement with you. If you are a business customer these Terms and Conditions constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

22.7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

22.8. Entire Agreement. These Terms and any documents expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.