Terms & Conditions
By purchasing through this website you agree to be bound by the following Terms and Conditions. These Terms and Conditions do not affect your statutory rights as a Consumer.
- “Buyer” means the person who buys or agrees to buy Goods on this website from Niches Trading Ltd.
- “Seller” means Niches Trading Ltd.
- “Goods” means all products listed on the order and the order confirmation e-mail
- “Consumer” has the meaning given in section 12 of the Unfair Contract Terms Act 1977
- “Special Items” mean any Goods that are not held in stock by The Seller.
- “Bespoke” means items that have been manufactured or altered specifically according to the Buyers particular choice.
- “Delivery” means the delivery of the Goods to the delivery address specified on the order.
- “Confirmation” means the correspondence sent out by the Seller acknowledging and accepting the Buyers order.
Conditions of Contract
- By placing an order with the Seller, the Buyer hereby agrees to the terms and conditions as set out below.
- Each order, not limited to the online purchasing process, once accepted and confirmed by email (or the delivery of the goods) by the Seller will be binding in accordance with the terms and conditions.
- It is the Buyers obligation to ensure all details of the order and the Buyers own information is correct. Any cost involved to correct such mistakes will be borne by the Buyer.
- The Seller has the right, for any reason, not to accept the Buyers order thereby breaking any binding contract. The Buyer will be notified as soon as possible. Any payment already made by the Buyer at this point will be refunded as soon as possible and no later than 30 days of placing the order.
- Any typing or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Conditions of Sale
- The Seller will notify the Buyer of receipt of the order. This will not be binding until the Buyer receives notification of acceptance of the order form the Seller.
- This document will provide specific details of the Buyers order including product description and delivery charges.
- Any photographs or printed material is intended as a guideline only. There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order, (for example, bedside tables, lamps and bedcovers).
- The description of the goods will be as specified within the confirmation e-mail and it is the Buyers responsibility to check that the Goods specified are as the Buyer intended to order.
Limitations of Liability
- Niches Trading Ltd total liability in regard to the performance of this contract shall be limited to the value of the Goods.
- Niches Trading Ltd shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non-performance of this contract.
- 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.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control.
- All contracts shall be governed by English Law
- Any order placed by the Buyer and accepted by Niches Trading Ltd is subject to the following terms and conditions unless specified in writing by a Director of Niches Trading Ltd.
- A confirmation of your order will be sent automatically by e-mail and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Niches Trading Ltd.
- Niches Trading Ltd retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Buyer in full.
Price and Payment
- Unless for the reasons stated below, the published price of the products will be as advertised at the time of placing the order. In the event of any increase to the Seller of raw material, labour, overheads, or any increase in taxes or duties or any variation in exchange rate, the Seller may increase the Price payable under the cont4ract upon written notice. If this notice is given to the Buyer after placing the order, the Buyer has the right to cancel the order and receive a refund. Notice of cancellation must be received in writing by the seller within 14 days of delivering the price increase to the Buyer.
- Payment shall be due at the date of the purchase order.
- In the event that payment has not been received and an order has been confirmed, interest on overdue invoices shall be accrued on a daily basis at 2% above HSBC’s base rate.
- There will be no delivery until payment has been cleared.
- Deliver will be made to the address stated by you at the time of placing the order
- Delivery will be made by the seller or an agent appointed by the seller.
- The seller and their agents will make all reasonable efforts to meet the date agreed for delivery, should this not be possible the seller will not be held responsible.
- For items over 30kg once the date and time has been agreed, if the buyer is not present the seller reserves the right to charge and additional £25 to rearrange delivery.
- Delivery timescales and charges are estimated guidelines and will be confirmed before dispatch.
- We deliver to all Mainland England and Wales post codes at our standard delivery charge We do not ship to Northern Ireland, Republic of Ireland, Scottish Highlands, Isle of Man, Isle of Wight, Jersey & Guernsey, Europe or other countries. Post codes beginning with the following Letters will also have an additional charge AB, DD, FK 18-21, IV, KW, PA above 19, PH above 7, PL, EX,TQ and TR.
- The seller or nominated agents are unable to hold goods. Delivery must be arranged within 5 days of the goods being available for delivery. The seller retains the right to charge storage should the time period be exceeded.
- For what ever reason should the seller fail to deliver within 60 days, the buyer is able to cancel the contract without penalty.
- Most Goods will require some form of assembly and it is the Buyer’s responsibility to assemble the Goods.
- For items over 30kg delivery is officially to the front door only but Goods may be taken to the room of choice at the driver’s discretion if access is clear. For health and safety our delivery people are not able to remove their shoe. Please ensure you protect any floor and surfaces.
- Third party couriers will make two attempts at delivery before this being returned back to sender, if returned back there will be an additional fee of £7 payable to resend items back.
- Third party couriers will deliver to neighbor or leave in safe place if necessary if there is no answer on the first or second attempt, this prevents charges for re-shipping your item back out.
- All delivery must be signed for and once full payment has been received, possessions of the Goods will be transferred to the Buyer.
Cancellation and Returns
- The Buyer may cancel the order during the cooling off period. Cooling off period is the time between placing the order and 14 days after receipt of the Goods. Written notice must be given to the Seller within this period or the cancellation will not be accepted. If the Buyer has taken possession of the goods it is the Buyers responsibility to ensure the Products are not damaged.
- There is a collection charge of £50 for the Seller to collect the Goods or the Buyer may return the Goods (at the Buyers cost) and unused in the original packaging and in the original condition. Should the Goods not be adequately packaged at the time of collection then they will not be collected and the Seller retains the right to charge a further £100 for re-collection to cover costs incurred. The charges will be deducted from the refund value.
- Due to the intimate nature of beds, mattresses, pillows, mattress protectors, duvets, linen etc, these items are exempt from the statutory 7 day cooling off period under the Distance Selling Regulations when they have been unsealed. Should the Buyer wish to test a mattress the Seller strongly advises the Buyer to leave the plastic packaging in place.
- Bespoke items may only be cancelled in writing (email accepted) within 5 working days of placing the order.
- Return of ‘Not as Ordered’ product. The Buyer must inform the Seller within 14 days of the delivery date that the Buyer has received an incorrect order. As the Buyer is in possession of the Goods all responsibility for any damage will lie with the Buyer. Collection of the items will be arranged as soon as possible. The Buyer will receive a full refund including delivery costs within 30 days if not sooner.
- Niches Trading offer a two-year warranty on part’s only. The warranty will not extend to fragile items such as glass or cosmetic parts or consumable items such as light bulbs. Likewise, no warranty liability will be accepted if the defects stem from transport damage for which we are not responsible, improper installation and assembly, improper use, to also include where an appliance has been used in a non-domestic environment, poor maintenance or failure to observe operating or assembly instructions.
- If the Customer has a warrantable problem with the goods, they should contact the seller immediately.
- We will endeavor to identify which component(s) need replacing and if available in stock we will send replacement(s) free of charge on a next working day delivery. We recommend that a fully qualified electrician fits all electrical or electronic parts however, any incurred costs will be at the customers expense.
- The installation of the product and the fitting of any replacement parts by a non-qualified person are totally at the Customer’s discretion and the seller is not liable for person injuries caused as a result.
- If we are unable to determine the fault of the Customer’s item after three attempts, we will arrange for the item to be collected for inspection by our technical team. At The seller discretion we may offer the Customer a replacement product at this time, or alternatively it will be fully repaired and fully tested and returned to the Customer.
- The seller is not liable for any costs incurred in removing a faulty item or reinstalling a repaired or replaced item.
- We reserve the right to invalidate the warranty if: repairs or other interventions are performed by persons not authorized by us to take such action, or if our appliances are fitted with non-original spare parts, extras or accessories. Also, in the event of physical or verbal abuse towards any member of staff.
- As permitted by law, the Seller’s liability to the Buyer will be at the Sellers sole discretion. The Seller retains the right to have the Goods repaired, replaced or refunded at the Sellers’s discretion, and any delivery costs associated with the exchange of faulty Goods will be met by the seller. The Seller will not be liable for any cost, loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered caused by circumstances beyond reasonable control. Nothing in this Clause affects your statutory rights as a consumer.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller’s premises or its/ suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller’s suppliers to obtain any necessary export permits licences or other authorisations) and the party shall be entitled to a reasonable extension of its obligations.
- Provided that if any event referred to in the clause above continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
- Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
- Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
- . The Seller will take all reasonable precautions to keep the details of the Buyer’s order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorized access to information supplied by the Buyer.
Niches Trading Ltd.
Registered in England and Wales: Company Registration no. 09820298
Registered Office: Gibson Schofield Limited, Unit 5 Enterprise Greenhouse, Salisbury Street, St Helens, Merseyside, England, WA10 1FY
For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your 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. Please be assured that this is only done to confirm your identity. A credit check is not performed and 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.
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