Terms & Conditions

Welcome to the nici.co.uk web site terms and conditions for use. These terms and conditions apply to the use of this web site and by accessing this web site and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this web site.

Use of the web site

Access

You are provided with access to this web site in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.

Registration

You warrant that:

• The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects, and
• You are aged 18 or over, are not under any disability which would impair judgement or use of the web site or products, and
• You will notify us immediately of any changes to the personal information by contacting our team by email, or calling us on 0345 226 2227

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this web site, or the use by any other person accessing the web site using your shopping account and/or your personal information.

Our rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this web site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the web site, and/or
• change the conditions from time to time, and your continued use of the web site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the web site.

Third party links

To provide increased value to our Users, we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked web site we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such web sites, (ii) the content of such web sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such web sites or resources or (iii) the use to which others make of these web sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external web sites or resources.

Privacy

We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this web site, we will ask you to input and will collect personal information from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our web site that were viewed during your visit, and any search terms that you entered on our web site ("User Information"). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service. We confirm that any personal information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the Data Commissioner's Office. We use your information only for the following purposes:

• Processing your orders
• For statistical or survey purposes to improve this web site and its services to you
• To serve web site content
• To administer this web site
• If you consent, to notify you of products or special offers that may be of interest to you

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

When you create a shopping account while ordering online you will be given the option to receive information from Plushpaws Ltd (t/a NICI) by email about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time.

We will not release your personal information to any company outside of NICI for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or User Information, we are entitled do so.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this web site for shopping purposes, only for browsing and research.

Please check back frequently to see any updates or changes to our privacy policy.

Purchase of products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the web site.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

• You place the order for your products on the web site by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the web site.
• We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from nici.co.uk.
• As your product is shipped from our warehouse we will send you a despatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in change or cancel an order.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• You not meeting the eligibility to order criteria set out in the main Terms & conditions

The contract will be concluded in English.

The details of your specific contract will not be filed by nici.co.uk. If you do require any information regarding orders you have placed with nici.co.uk please contact us.

Contract cancellation under the Distance Selling Regulations

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 days after the day on which you receive the products.

If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and saver delivery charge, provided that you have notified us in writing no longer than 14 days after the day on which you receive the products, and that you have taken reasonable care of the products and not used them. Please follow the procedure set out in our Returns procedure.

Please note that your right to return products does NOT apply to products which fall into the following categories unless they are faulty or not as described:

• Personalised goods
• Gift packaging

Please see our refund policy for further details.

Payment options

We offer various ways for you to pay for your order, including: Visa; Visa Debit; Visa Electron; MasterCard; Maestro; PayPal; NICI gift vouchers; and nici.co.uk money-off coupons. You may use a combination of gift vouchers and any payment card we accept to pay for your order. We accept all major credit and debit cards.

Your transaction security

nici.co.uk is secure

We realise how important it is to securely store any information that you provide. nici.co.uk maintains the highest levels of security. Our site uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously.

Verified by Visa and Mastercard® SecureCode™

To give you even more confidence in shopping online with nici.co.uk, we have introduced Verified by Visa and Mastercard® SecureCode™. These services enhance your existing card account against unauthorised use when you shop with us.

To use this service, you must first register with the bank or other organisation that issued your card. To find out more about these services:

• Visit the Verified by Visa web site
• Visit the Mastercard® SecureCode™ web site

Once you've registered and created your own private password with your card issuer, you'll be prompted automatically at checkout to provide this password each time you make a purchase.

Please note: Your Verified by Visa or Mastercard SecureCode™ password is not your nici.co.uk account password. nici.co.uk does not have access to your Verified by Visa or Mastercard SecureCode™ password.

Description of products

Each product purchased is sold subject to its product description which sets out additional Specific conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the web site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the web site as up to date as possible, the information including product descriptions appearing on this web site at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Gift vouchers and promotional discounts

The following terms apply when using a gift voucher on our web site.

• NICI gift vouchers can be used to purchase goods online at nici.co.uk.
• Gift vouchers may not be exchanged for cash.
• If the goods purchased online total less than the value of the gift voucher, any balance will be left as a credit for you with nici.co.uk, and will be redeemed against subsequent orders.
• Gift vouchers may not be used to purchase NICI gift vouchers.
• When redeeming gift vouchers you will be required to give the serial number of the voucher.
• If you have to return goods you have purchased using gift voucher/s, then in most instances we will credit your online shopping account against further purchases. This does not affect your statutory rights.

Promotional discounts

Coupons, discounts and promotional discount codes offered by nici.co.uk are valid only for use as part of a purchase made via nici.co.uk, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase on telephone orders.

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the web site is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the web site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The web site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the web site and any transactions conducted on or through the web site.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the web site, we make no warranties, whether express or implied in relation to its accuracy. The web site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the web site, or any transaction that may be conducted on or through the web site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the web site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the web site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the web site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings), or
• any loss of goodwill or reputation, or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what NICI and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

Law

The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

The registered company address of Plushpaws Ltd is Unit 1A Kinsbourne Farm, Stagsden, Bedfordshire, MK43 8TS.

Delivery

Charges and options

Our UK Saver delivery service is FREE on all orders over £50.00. We charge £3.95 for UK delivery on orders under £50.00.

Your order will be dispatched the day we receive your order (before 5.30pm), Monday to Friday (excluding public holidays). In the unlikely event that we are out of stock, we will contact you within 24 hours. Once we deem payment cleared, the order will be dispatched in accordance with the delivery service selected.

UK delivery options

Royal Mail Safeplace

With Royal Mail Tracked 48/24 you can ask for your order to be left in any secure, weatherproof area of your property, as long as it's easily accessible for the Royal Mail. Alternatively, you can nominate a near neighbour to receive delivery of your order.

International orders

If you are importing any of our goods, you acknowledge that you are solely responsible for compliance with importing laws and requirements of the country to which the goods are shipped, and this is entirely at your own expense and risk.

In addition to the purchase price of the goods, you accept full responsibility for any and all handling charges, shipping costs, insurance, import duties, fees, liabilities and tax/duty costs, which may arise or apply to your order and transportation. The maximum weight for an international parcel is 2kg, and the maximum size can not exceed 90cm (length + width + depth). If your order is over 2kg and can be split and shipped as individual parcels, each parcel will be chargeable at the prevailing rate. If your order can not be split, we'll provide you with the most competitive quote obtained from FedEx/UPS or similar.

Duty payments

Orders delivered outside of the UK may be subject to taxes, fees, levies, or other charges which are imposed by local legislation. The recipient of the order is responsible for all customs formalities for their export and import, and will be required to pay any additional charges, including import duty, formal customs entry, taxes, levies, and other charges. The recipient of the goods, not the person who ordered them, will receive a separate request for payment of these charges.

If you're ordering products to be delivered to someone else, please make sure they're aware they'll be responsible for these additional charges. Unfortunately, we have no control over these charges and cannot predict what they may be, so we're unable to offer any assistance on these processes. We'd advise you check the import charges applicable in any country before ordering products to be delivered there.

Payment and VAT

Payment for products and delivery services is to be made in pounds sterling. All prices shown on the site, for both products and delivery services, are inclusive of any applicable UK VAT. Where you've requested delivery to an address outside of the UK, the price paid for the products and the delivery service will normally be zero-rated, with no UK VAT chargeable on either.

Order and Returns Information

Change or cancel an order

We're sorry that in most circumstances it's not possible to make changes to your order once you've placed it. If you'd like to add products to your order, please place a new order for these items.

If you need to change details of your delivery address, remove items from your order or cancel it completely, please contact us. To cancel an international order (in full or part), please be advised that a 7.5% administration charge will be deducted from your refund. If your order has already been dispatched or delivered, then you'll need to follow our returns procedure in the event of any unwanted products.

Tracking your order

To check your order status, just sign and go to your account. If you don't have an account, please contact our sales team who'll be happy to help.

• In Progess means your order hasn't yet been processed.
• Completed means your order has left our warehouse. You'll receive an email confirming dispatch. Depending on our chosen delivery method, you may also receive a tracking number.
• Cancelled means your order has been cancelled either by you or by us.

Returns procedure

We hope you love your NICI soft toys, but sometimes they might simply be too small, too big or you've simply changed your mind. For further details about exchanging and/or returning your NICI order, please see our returns policy.