TERMS & CONDITIONS
Please read our terms and conditions carefully. You are consenting to be bound by these terms and conditions if you proceed to access and use this service.
You acknowledge and agree that:
1. Price & Payment
1.1 The price and description of the product you may offer to purchase from us (“our product”) is described on our website. We may change our product and prices at any time without prior notice. Any description of our product including any specifications, illustrations, drawings, data, dimensions and weights is approximate and is given by way of identification only. The use of that description does not constitute a sale by description and does not form part of our contract with you unless we say so in writing. You are responsible for ensuring that the product ordered is suitable for its intended use by you and we are not liable to you for any product you order which is unsuitable for your intended use.
1.2 When you purchase our product, we will charge your Paypal Account or Payment Card with the purchase price of our product.
1.3 The cost of delivering our product to you is included and is subject to additional changes. Free delivery is UK only and is intended for a maximum weight of 2kg. Where an order placed by you exceeds 2kg we reserve the right to charge for an additional payment which will cover additional delivery charges only.
2.1 Delivery takes place at the time our product reaches the delivery address given by you on your order and is signed for, where required, by you or another person at the address, when you collect the product or arrange for their collection from us or when ownership of our product has passed to you, whichever is earlier. Unless we make other arrangements with you, our product is delivered direct (by courier, registered mail or tracked mail) to the address nominated by you at the time you applied to purchase our product.
2.2 Delivery addresses cannot be changed once an order has been placed and the address verified by the payment processor you choose. If we agree to change such address at your request we cannot be held liable for any delay or loss. Any date for delivery indicated by us is an estimated date for delivery only. We are under no liability for any loss or damage, however it arises, if the product is not delivered by that date.
At all times from the date of delivery, our product is at your risk of loss or damage and you are responsible for its safe custody.
You do not own any of our products in your possession until all of our product you have purchased from us at any time and all other amounts owing by you to us have been paid for in full. We reserve the right to reclaim all amounts owing to us by you for any products you have purchased but have not paid for.
5. Limitation of Liability
Subject to any rights imposed by law that cannot be limited or excluded:
5.1 All warranties or conditions implied by law are excluded.
5.2 If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.
5.3 No claim will be admitted if the product has received maltreatment, inattention or interference or the product has not been used in accordance with any performance ratings or care instructions.
5.4 In no circumstances are we liable for special, indirect or consequential loss including any loss of profit or of contact, even if you advise us of any special circumstances or such loss was reasonably foreseeable.
6.1 These terms and conditions are governed by, and you agree to submit to, the laws applicable in England and Wales and where applicable the rest of the United Kingdom.
6.2 These terms and conditions form your entire agreement with us and all or any previous agreements or undertakings we may have had with you are superseded by these terms and conditions. We may update these terms and conditions at any time without notice to you. All transactions thereafter will be subject to the updated terms and conditions. If you continue to purchase our product after the date such updates become effective you will be deemed to have agreed to the updated terms and conditions.
Terms & conditions governing products designated a Pre-Order or Special Order or other such term status shall be as such:
7.1 In most instances pertaining to pre-orders, new products are usually released in batches and/or limited quantity. All pre-orders are fulfilled in the order they are received. All payments made for pre-orders will be processed upon placement and receipt of the order.
7.2 Such orders may be cancelled in writing and a full refund given unless orders have already been dispatched to you, in which case normal terms will apply.
8. Fraud Protection Policy
For your protection, orders may be subject to a verification procedure. You may be asked to verify that you are the card owner, or that the order information is legitimate. This may include a request for a copy of your credit card by email. Should your order require verification, you will be notified by phone or email. We reserve the right to refuse an order when the address or credit card is not verifiable. If so, a refund will be issued via the same method you used to make your payment.
9. Warranties, Replacements and Refunds
9.1 All NiSi products are covered by normal Consumer Law (England and Wales) with a Warranty of 12 months from the date of purchase. The warranty is subject to conditions set out below and covers manufacturers defects only and will not apply to normal wear and tear. We reserve the right to inspect any item to determine if a product is defective before satisfying any warranty claim which will be for a repair or replacement of the same product. In some circumstances if a product is out of stock there may be a delay and we cannot be held responsible for further claims, nor will we be responsible for additional claims due to defects. Where a warranty claim is valid we shall cover the cost of delivering replacement products to you.
9.2 When you take delivery of our product, you must inspect it immediately. You must report to us in writing any shipping damage or incorrect supply which must be received by us within 7 days of delivery otherwise we may refuse any claim you make. If our product is damaged when we deliver it to you we may accept its return and replace it with an equivalent product or credit you with the price paid, at our option. We will accept the return of our product if the product is not in accordance with your order, with proof of purchase, and it is returned to us in its original condition within 7 days of delivery. We may charge you a handling or re-stocking fee of up to 20% for any product which we have correctly supplied to your order but you wish to return and we have agreed to the return of the product as long as it has not been opened or used. We may refuse to refund to you any order you wish to return if it was correctly supplied by us as per your order if it has been opened and cannot be re-stocked. You agree that you shall make no claim against us for any delay in delivery or any damaged product delivered to you as a direct or indirect result of events beyond our control. Where a product is returned to us when it is unwanted, or ordered in error, and we have agreed to accept a return, the return must be made at your own cost and should be using a tracked service for your protection. Any refunds will only be made after the item has been inspected and subject to the terms above.
9.3 We may agree to exchange incorrectly ordered items that are still in brand new condition including the packaging. Any freight and insurance costs to return the item to us are at your expense and must be using a suitable secure delivery method. You are responsible for the insurance of any item returned to us in any circumstance.
9.4 If any item/s is returned to us by post for manufacturer defects and the claim is subsequently found to be false or wrong, postage for the return of goods shall be borne by the customer and must be paid for before the item/s is returned.
10. Order Cancellation
10.1 Orders may be cancelled only before they have been dispatched and must be in writing. Once received your order will be cancelled and a refund given using the same payment method as your order. Orders cancelled after shipping will be subject to the terms above.
10.2 Orders for prints or canvas prints cannot be cancelled once the print order has been placed with our supplier. Normally orders are placed within 3 hours of an order being received by us from you. You may contact us to find out if the order has been placed and if we are able to cancel it. Print and canvas prints are produced to order and cannot be returned for a refund for any reason unless damaged in transit, in which case a replacement will be produced. In the very unlikely event that you are unhappy please contact us within 48 hours and we will do our best to address your concern.
Covid Cancellation Policy
You may book with confidence knowing that throughout the Covid 19 period you may cancel your workshop or transfer to another date, subject to availability. If I am unable to run your workshop due to Covid, or you or a member of your household is diagnosed with Covid, you will receive a full refund. Should you come into contact with someone and you test negative immediately prior to the workshop you may still attend, subject to testing negative again on the day.
11.1 The deposit required is payable if the workshop is booked more than 60 days before the start date of the workshop for multi day and residential workshops, otherwise full payment is required at the time of booking. For 1 to 1 Workshops and 1 day group workshops a deposit is required if booked more than 30 days before the date of the workshop, otherwise full payment is required unless otherwise agreed. Where a deposit is paid the balance will be required 7 days before the start of the workshop unless otherwise agreed. If after the date of the workshop has passed and no communication has been received from you no deposits or payments will be refunded.
11.2 Cancellation of 1 to 1 and 1 day Group Workshops. Cancellation must be made at least 14 days in advance and an alternative date may be agreed. Where an alternative date cannot be agreed a full refund will be offered, although we reserve the right to deduct any payment fees.
11.3 We reserve the right to cancel or make changes to any workshop. We will notify you as soon as possible if this happens. Should a cancellation or significant change become necessary, you will then have the choice of booking an alternative date. In such circumstances if an alternative date cannot be agreed a full refund will be offered. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your course has not been reached. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
11.4 We reserve the right to change any of the prices, services or other particulars of our workshops at any time before we enter into contract with you. If there is any change, we will notify you before we confirm your booking.
11.5 The type of workshops we offer require flexibility and must allow for alternatives. For this reason the outline itinerary and workshop description must be taken as an indication of what may take place on the workshop, and not as a contractual obligation on the part of the us. Locations may change depending on the light, and other factors out of our control.
11.6 Injury. We do not accept responsibility or liability for death, bodily injury or illness caused to you, unless arising from the negligent act and/or omission on our part.
12.1 We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description, which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
12.2 You must communicate any perceived failure of the course or workshop to us whilst on the course, thus giving us the opportunity of achieving a satisfactory solution. Should this not be possible for any reason, your complaint must be made in writing to us within 28 days after the finish date of the course. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
13.1 It is a term of the contract between us that you will obtain the appropriate travel cover before you set out on the workshop. The insurance must cover the loss, expenses and damages arising from, including but not limited to, the cancellation of the workshop (whether in whole or in part), personal accident and injury, medical and repatriation costs, accommodation where you have booked it personally for overseas visitors loss of baggage and personal money and belongings and flight cancellations and delays. In all cases you should have the appropriate insurance cover for equipment, no liability will be accepted by us. We will not accept any responsibility for injury, illness or death unless directly caused by us. We will take all reasonable care and in such cases it will be up to you to demonstrate that reasonable care was not provided.
14 Force Majeaure
Cancellation or alteration of any workshops by us due to situations out of our control will not result in liability to us or compensation to you. In such cases an alternative date will be offered and all efforts will be made to satisfy your requirements. Force Majeaure means any event which we could not, even with all due care, foresee or avoid. Such events may include, (whether actual or threatened), war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics / pandemics and all similar events outside our control.