Terms and Conditions of Sale of Goods
This page (together with the documents referred to on it) tells you the terms on which Njorun Active supplies the products (“Products”) listed on the website (http://njorunactive.com) (the “Website”) to you. Please read carefully and understand these terms before ordering any Products from the Website. By ordering any Products, you agree to be bound by these terms.
Please click on the button marked “I Accept” at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to order any Products from the Website. If you have difficulty in understanding any of these terms or have any other queries, please contact the customer services team, email@example.com who will be happy to assist.
You should print a copy of these terms for future reference.
INFORMATION WHICH NJORUN ACTIVE IS REQUIRED TO GIVE YOU
- The Website http://njorunactive.com is operated by Njorun Active Limited of 20-22 Wenlock Road, London N1 7GU (company number 10360766). Njorun Active’s VAT number is 200555553.
- A description of the main characteristics of the Products is contained on the Website. Such a description will be contained in the Order Confirmation mentioned in paragraph 4.1.
- The price of Products (including delivery and packaging charges) and arrangements for payment is as described in paragraph 9.
- The arrangements for delivery of Products are as shown at our Delivery Page. By accepting these terms, you are agreeing to a later delivery date as specified in the link. Other details of delivery are set out in paragraph 6. 1.5 You have a right of cancellation as set out in paragraph 5.
- The technical means for concluding the contract to buy Products are set out in paragraph 4. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.
- The language of the contract will be English.
SALES TO COUNTRIES OUTSIDE UK WHERE NJORUN ACTIVE ARE WILLING TO SELL PRODUCTS
- The Website is only intended for use by people resident in the serviced countries. A list of countries that are not serviced is available at our Delivery Page. Njorun Active does not accept orders from individuals in those countries. Some restrictions are placed on the extent to which Njorun Active accepts orders from specific countries. These restrictions are found on the same page. Please review this page before ordering Products from us.
- If you order Products from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Njorun Active have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. Njorun Active will not be liable for any breach by you of any such laws.
- By placing an order through the Website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are resident in one of the serviced countries;
- you are accessing the Website from one of those countries; and
- you are placing the order as a consumer, i.e. an individual is acting outside his or her business.
- If Njorun Active discovers that any of the above warranties are incorrect, Njorun Active shall be entitled to terminate the contract between us and to pursue any legal remedies that Njorun Active may have under the general law.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- The Website shopping pages will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process. Your order for a Product constitutes an offer to buy the Product and all orders are subject to acceptance by Njorun Active. After placing an order, you will receive an e-mail from us acknowledging that Njorun Active has received your order. Please note that this does not mean that your order has been accepted or that a contract has been made. Njorun Active will confirm acceptance to you by sending you an e-mail that confirms that Njorun Active has accepted your order and that the Product is ready for or has been dispatched (“Order Confirmation”). The contract between us (the “Contract”) will only be formed when Njorun Active sends you the Order Confirmation.
- The Order Confirmation will include the following information:
- description of the Product ordered;
- the price of the Product ordered (including delivery and any packaging charges), including all VAT and other taxes;
- confirmation of the arrangement for payment, delivery and performance of the order; 4.2.4. details of your right to cancel the order;
- details of Njorun Active’s legal duty to supply goods in conformity with the Contract;
- Njorun Active’s identity, address and contact details, and how you can complain; and 4.2.7 any after-sales services and guarantees.
- The Contract will relate only to those Products whose dispatch (or readiness for despatch) Njorun Active confirms in the Order Confirmation. Njorun Active will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
RIGHT OF CANCELLATION
- As you are contracting as a consumer, you have a statutory right to cancel a Contract if you change your mind or decide for any reason. The provisions below set out your legal right to cancel in accordance with those Regulations. Further advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards office.
- You may cancel the Contract at any time from the date of the Order Confirmation up to the end of the 14th day after the day of receipt of the Product by you or the person specified by you for delivery. If the Contract is for multiple Products which are delivered on separate days, you have until the end of the 14th day after the day of receipt of the last Product which is part of the order to cancel the Contract for any of the Products. For example: if you receive an Order Confirmation on 1 January and you receive a Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
- To cancel the Contract, you must inform us of your intention to cancel the Contract. The easiest way to do so is to complete the cancellation form available here. which will also have been provided with the Order Confirmation. If you use this method Njorun Active will email you to confirm it has received your cancellation. Alternatively, you can email us at firstname.lastname@example.org or contact us by post at the address set out in paragraph 1.1. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
- Please note that this cancellation right does not apply to our Products that are bespoke and are either made to your specifications or clearly personalised. Where your order is for such a Product, you do not have any right to cancel the Contract; and
- If you exercise the right, you will receive a full refund of the price paid for the Products in accordance with Njorun Active’s refunds policy (set out in paragraph 10 below). When exercising the cancellation right, you must return the Products to us immediately. See paragraph 10 as to the manner and cost of returning the Products.
- You are entitled to a reasonable opportunity to inspect the Products (which will include removing them from their packaging and trying them on). At all times, you must take reasonable care of the Products and must not let them out of your possession. If you are in breach of your obligations to take reasonable care in this paragraph 5.6, Njorun Active will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
- Details of this statutory right, and an explanation of how to exercise it, are [also] provided in the Order Confirmation. This provision does not affect your statutory rights.
5.8. The cancellation right described in this paragraph 5 is in addition to any other right that you might have to reject the Products, for instance because they are faulty or misdescribed.
- In accordance with your statutory rights, you may reject any Product which is faulty or which does not conform to the quantity, quality, standards or description shown on your Order Confirmation (if shown) and which you reasonably expected, within a reasonable time from delivery. This right of rejection is in addition to any other statutory rights you may have under the Sale of Goods Act 1979 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise in relation to any Product after such period of time. All such rights are expressly not excluded.
- While every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependant on the calibration and settings of individual screens.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your order, unless there are exceptional circumstances. If a Product (or substitute product) is unavailable so that Njorun Active cannot deliver it to you within 30 days of your order, Njorun Active will contact you and either agree a later delivery date or permit you to cancel the Contract, in which case Njorun Active will refund all monies paid in accordance with Njorun Active’s refunds policy (set out in paragraph 10 below).
RISK AND TITLE
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when Njorun Active receives full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
- The price of any Products will be as quoted on the Website at the time of your order, except in cases of obvious error.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out below:
FREE STANDARD UK
2-3 WORKING DAYS
FREE ON ORDERS OVER £85
2-3 WORKING DAYS
NEXT DAY UK
NEXT WORKING DAY
FREE STANDARD EUROPE
7-10 WORKING DAYS
FREE ON ORDERS
7-10 WORKING DAYS
|EUROPE TRACKED AND SIGNED|
1-3 WORKING DAYS
USA / ROW
FREE STANDARD ROW DELIVERY
7-10 WORKING DAYS
FREE ON ORDERS
STANDARD ROW DELIVERY
7-10 WORKING DAYS
ROW TRACKED AND SIGNED
7-10 WORKING DAYS
- Njorun Active is under no obligation to provide a Product to you at an incorrect (lower) price, even after Njorun Active have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Products in time-limited sales such as Black Friday are available in limited quantities only. Sale discounts may not be combined with any other promotional code or offer. Black Friday offers end Monday 30th November 2015 at 23:59pm but may end earlier at the sole discretion of Njorun Active.
OUR REFUNDS POLICY
- When you return a Product to Njorun Active (for instance, because you have cancelled the Contract or because you claim that the Product is defective), a refund will be issued as follows:
- Right of Cancellation exercised: where you have validly returned a Product under your right of cancellation described in paragraph 5, Njorun Active will refund the full amount paid by you for the Product, including the cost of delivery to you. As permitted by law, the maximum refund of costs of delivery will be the costs of delivery by the least expensive delivery method Njorun Active offers (provided that this is a common and generally acceptable method). Please also note that Njorun Active is permitted by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way contrary to the conditions specified in these terms or which would not be permitted in a shop. If Njorun Active refunds you the price paid before it was able to inspect the Product and later discovers you have handled it in an unacceptable way, you must pay Njorun Active an appropriate amount. You will be responsible for returning the Product to Njorun Active at your own cost.
- Defective Products: where you have validly returned a Product to Njorun Active because it is defective or for some other reason for which Njorun Active is responsible, Njorun Active will inspect the Product and, where that Product is defective, either repair or replace the Product or, if not possible, refund the full amount paid by you for the Product together with any applicable delivery charges and the reasonable cost incurred by you in returning the Product.
- Other returns: where you have returned a Product in circumstances other than as set out above (which includes rejecting a non-defective Product outside the cancellation period or returning a defective Product within a reasonable period of time after receipt), any repair, replacement or refund (in that order) will be at Njorun Active’s discretion. If Njorun Active does agree to provide a repair, replacement or refund, Njorun Active will not refund the cost of delivery to you and Njorun Active will not reimburse the cost incurred by you in returning the Product.
- Njorun Active will process any refund due to you within the deadlines below:
a. if you have received the Product and Njorun Active has not offered to collect it from you: 14 days after the day on which Njorun Active receives the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
b. if you have not received the Product or you have received it and Njorun Active has offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
- Njorun Active will refund you using the same means of payment that you used for the transaction.
- Legal ownership of a Product will immediately revert to Njorun Active if Njorun Active refunds any such payment to you.
- If Njorun Active breaches these paragraphs Njorun Active will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and us at the time of the Order Confirmation.
- Any manufacturer’s warranty or guarantee applicable to the Product shall be in addition to any responsibility that Njorun Active has to you under these terms.
- Njorun Active does not in any way exclude or limit its liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation;
- 11.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
11.3.5. defective products under the Consumer Protection Act 1987.
As between you and us, all intellectual property in the Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.
WRITTEN COMMUNICATIONS AND NOTICES
- Njorun Active will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications Njorun Active send to you should be in writing, for which purpose Njorun Active both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
- All notices given by one of us to the other must be given in writing and delivered by post or email. Notices to us should be given in accordance with the details in paragraph 1.1 above. Notices to you may be given to the email address or the invoice address provided when you placed your order.
EVENTS OUTSIDE OUR CONTROL
- Neither of us shall be liable to the other for any delay or non performance of its respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond its reasonable control. This paragraph does not affect your statutory rights and in particular Njorun Active’s obligation to perform the Contract within 30 days of order as set out in paragraph 6.
- Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which Njorun Active is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
OUR RIGHT TO VARY THESE TERMS
- Njorun Active has the right to revise and amend these terms from time to time.
- You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Njorun Active notifies you of the change to those policies or these terms before Njorun Active sends you the Order Confirmation (in which case Njorun Active has the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.