terms & conditions

Nativis Limited Terms and Conditions

DEFINITIONS

"Seller/we/our/us/Nativis Limited" means Nativis Limited, Trading as Nativis Limited, Unit 3, Holybrook Farm, Burghfield Road, Reading, Berkshire, RG30 3RA, England. (registered in England, company registration no 12231077) and the company's website www.nativisltd.com

"Customer" means the person or company to whom this document is addressed.

"International Customer" shall mean, "Customer" from outside the United Kingdom.

"Website" shall mean, www.nativisltd.com or any other subdomains of nativisltd.com which may be accessible unless expressly excluded by their own terms and conditions.

"Online Store" shall mean the method by which the Customer browses and purchases the products from Nativis Limited, being the Website and/or an App.

"Order" shall mean the submission of an order for products on the "online store" by the "customer".

GENERAL

1. These terms and conditions are applicable to the supply of products made by the seller, hereafter referred as Nativis Limited, to the buyer hereafter referred as the customer.

2. The online store is for use by individuals aged 15 and over. You should not use the online store if you are under this age.

PRICE

3. The prices of the goods will be as quoted on the online store. We take good care to ensure that the prices of goods are correct at the time of posting on the website. However, if we discover an error in the price of product(s) ordered, please see clause 2.4 for what happens in this event.

4. Prices for our goods may change from time to time, but changes will not affect any order which has been confirmed.

5. All prices are quoted in GB Pound Sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

6. The online store contains a significant number of products. It is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. If we discover an error in the price of the products you have ordered, we will inform you of this error and will give you the option of continuing to purchase the product at the correct price or cancelling your order.

We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

PAYMENT

7. Payments may be made by one of the following payment methods (except International Customers see clause 16) unless otherwise specified:

Major credit cards as listed: Visa, MasterCard, American Express, Maestro, and Visa Electron

8. You may select to view the price of the products on our Online Store in any currency supported by us. The relevant exchange rate at the date you make payment shall be applied on checkout. Payment is to be received by us in GB Pounds Sterling.

9. Any discount or other promotional codes issued by Nativis Limited from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain products may be excluded, and you will not be able to use discount codes in respect of such products.

10. We reserve the right to reject or cancel any orders which do not comply with these terms, even if your credit or debit card has been charged (you will be refunded in full any amounts paid by you in respect of the order).

Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential, and the Customer shall not share this with a third party.

PASSING OF PROPERTY

11. Nativis Limited shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Nativis Limited.

ORDERS

12. All Orders are subject to acceptance and availability. Upon placing an Order with Nativis Limited, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and update emails do not confirm that the Order has been accepted by Nativis Limited.

Order acceptance and the creation of the contract between Nativis Limited and the Customer will start at the time the products ordered by the Customer are despatched from Nativis Limited's warehouse to be delivered to the address supplied by the Customer.

13. Nativis Limited will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer's Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) Nativis Limited cannot be held liable for any loss suffered by a customer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Store; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

14. Products purchased from Nativis Limited are not for re-sale or distribution. Nativis Limited can, at its sole discretion, restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any orders which are suspected as being purchased for re-sale or distribution.

DELIVERY

15. Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 3 working days. Any products not available at the time of your order will be sent to you, as soon as possible. In any case, delivery will be made within 30 days from the date Nativis Limited accept your order.

If there are delays in the delivery caused by the supplier, the carrier or any other third party then Nativis Limited will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract using the procedure at clause 10 below and will be entitled to receive a refund for any products you have paid for but not received.

15.1 We deliver to the countries listed on the Online Store, subject to our absolute discretion, (“International Delivery Destinations"). However, there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Online Store carefully before ordering goods.

15.2 If you order goods from the Online Store for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.

15.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

15.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

15.5 If Nativis Limited deliver your products late then you may treat the order as at an end in any of the following circumstances: if Nativis Limited have refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told Nativis Limited (in writing) before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if Nativis Limited don't meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery.

Where products have been delivered, you must return these to Nativis Limited at the address above and we will refund the return costs in full.

SHIPPING

16. All Orders will be delivered using the service as detailed at the time of ordering. Further details regarding delivery methods and services can be found on the website, nativisltd.com. Nativis Limited has the right to adjust prices subject to changes in shipping costs, but the cost of delivery will always be notified to the customer prior to completion of an order.

PASSING OF RISK

17. The customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Nativis Limited accept no liability for undelivered parcels where the customer has provided an incorrect or invalid delivery address and/or fails to collect the order from the delivery address specified by them and following our reasonable efforts to contact them in regard to this.

17.1 In the event of an order being lost by a third party which has either been authorised by the customer to accept the products or a courier commissioned by the customer to deliver the ordered products, Nativis Limited bears no risk once it has been delivered to the third party. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by phone, email or otherwise in writing. The customer will then be required to return the goods together with their original packaging to the Sample Nativis Limited trading address. See also clauses 9 and 10 below.

17.2 Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorised by the customer). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights of return under clause 10).

TITLE AND DEFECTS

18. The Products shall be owned by the customer once we have received payment in full for the products. The Customer shall inspect the goods within a reasonable time after their receipt. The Consumer Rights Act 2015 informs that products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or incorrectly described and shall be entitled to a full refund, have the product replaced or receive a partial refund (please see clause 19 below).

RETURNS PROCEDURE

19.1 If the goods are to be rejected, the customer shall comply with the return procedure as defined in this clause. Nativis Limited will not accept any returned goods should the return not follow the Nativis Limited return procedure outlined below.

19.2 The Customer must email Nativis Limited (contact@nativisltd.com) to notify their intention to return any goods.

19.3 In cases where the rejection of the goods is due to a defect or discrepancy in the order, the customer is entitled to a full refund within 30 days of the date of delivery of the products. The customer must notify Nativis Limited within 30 days of delivery and return the product to Nativis Limited before the refund can be issued.

We will examine the returned product and will notify you of and process your refund within 14 days from the day we confirm to you that the customer is entitled to a refund for the defective product. Products returned by the customer because of a defect will be refunded in full, including a refund of the delivery charges for sending the item and the costincurred by the customer in returning the item to Nativis Limited.

19.4 In cases where rejection of products is due to a defect or incorrect description (in addition to the right of clause 19.3 above), for up to 6 months following the date of delivery, the customer shall be entitled to a refund (at the discretion of Nativis Limited). The customer must notify us that a refund is required in accordance with our returns policy and return the product to Nativis Limited. Following expiry of this period and for up to 6 years from delivery, the customer may be entitled to a partial refund.

The rights described in clauses 19.3 and 19.4 are a summary of your key legal rights. For more detailed information please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.

19.5 In cases where the rejection is due to an incorrect order from the customer or to dissatisfaction (where Nativis Limited is not at fault), the customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the order is cancelled within the cooling off period in accordance with clause 11, in which case a full refund will be given. However, the customer will be responsible for the cost of returning the item to Nativis Limited. Goods must be returned to Nativis Limited before the partial refund can be issued.

19.6 In cases where the customer wishes to cancel due to something Nativis has done or intends to do, the customer should notify us in accordance with our returns procedure and we will refund them in full for any products not provided (including delivery costs). You may also be entitled to compensation. This includes the following;

19.6.1 Nativis Limited have informed the customer about an upcoming change to the product or these terms which the customer does not agree to.

19.6.2 Nativis Limited have informed the customer about an error in the price or description or the product and the customer declines to proceed.

19.6.3 Delivery of the products has been substantially delayed by an event outside of our Nativis Limited's control; and

19.6.4 The Customer has a legal right to end the order because of something Nativis Limited has done.

19.7 Where the customer wishes to return a product it must either be returned in person or posted back to Nativis Limited. Where the customer is returning products pursuant to clauses 6, 19.3, 19.4 or 19.6 then Nativis Limited will pay the costs of postage or collection.

CANCELLATIONS

20. Cancellations which are not due to a defect or discrepancy are only accepted if the customer complies with the following cancellation procedure and then follows the Returns Procedure outlined in Clause 10.

21. Within 14 days after receipt of the goods, the Customer must contact Nativis Limited in writing via the contact details above and, following which, they must be returned to us within 14 days of the customers decision to reverse their intention to purchase. The goods must be ‘as new' and unused, in original undamaged packaging, including all items and free gifts received. It is the customer's responsibility to take reasonable care of the products until their return to Nativis Limited. Nativis Limited will consider that the customer has not taken reasonable care if the goods have been used in any way or extent. They should be returned equivalent to what a customer would expect when examining goods in a retail shop prior to purchase. Any refund will be made within 14 days of receipt of the customer's returned products.

OUR LIABILITY

22. If we fail to comply with these Terms, Nativis Limited are responsible for any loss or damage suffered as a result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered the contract.

23. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

24. We do not in any way exclude or limit our liability for:

24.1 Death or personal injury caused by our negligence.

24.2 Fraud or fraudulent misrepresentation.

24.3 Defective products under the Consumer Rights Act 2015.

25. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

PRIVACY POLICY

26. We will only use your personal data as set out in our privacy policy. This is published on our website nativisltd.com

INTELLECTUAL PROPERTY

27. The Customer shall respect all licence agreements delivered by the copyright owners. Sample Nativis Limited cannot be held responsible or liable for any misuses conducted by the Customer or any third party.

28. All trademarks shown on www.nativisltd.com belong to their registered owners and must not be copied without prior permission.

29. You must not use any part of the materials on the Online Store for commercial purposes without obtaining a licence to do so from us or our licensors.

REVIEWS

30. Whenever you submit a review or make use of another feature that allows you to upload material to the online store, or to contact other users of the online store, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, that such post shall not breach or infringe the rights of any third party and you indemnify us for any breach of these warranties.

31. Any material you upload to the online store will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

32. We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Online Store constitutes a violation of their intellectual property rights, or of their right to privacy.

33. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the online store.

34. We have the right to remove any material or posting you make on the online store if, in our opinion, such material does not comply with the content standards set out above.

INTERNATIONAL CUSTOMERS

35. Customers from outside the UK can only pay by international credit card and must pay in GB Pound Sterling unless otherwise specified, although the online store may show the value of the product in local currency, the exchange rate at the date of purchase shall apply such that payment is received by Nativis Limited in GB Pound Sterling. All other terms and conditions apply.

CHANGES TO TERMS & CONDITIONS

36. We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.

LAW AND JURISDICTION

37. These terms and conditions are governed and shall be interpreted in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.

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