Terms & Conditions
Conditions Relating to Your Use of www.nelsonandforbes.co.uk
1.1 In these conditions:
"Conditions" means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
"Consumer" means any natural person who is acting for purposes which are outside his trade, business or profession;
"Contract" means any contract for Goods made between you and the Company;
"Goods" means the goods or services which we shall supply in accordance with these Conditions;
"we" means Nelson & Forbes Ltd with a Company number SC3434471 and "us" and "our" shall be construed accordingly;
"you" means the customer seeking to purchase the Goods from us and "your" shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 references to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended or re-enacted.
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
Nelson and Forbes Ltd reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Privacy Notice, which also governs your visit to www.nelsonandforbes.co.uk, to understand our practices.
4. Access to www.nelsonandforbes.co.uk
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Nelson and Forbes Ltd grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nelson and Forbes Ltd. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nelson and Forbes Ltd and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Nelson and Forbes Ltd’s or its affiliates' names or trademarks without the express written consent of Nelson and Forbes Ltd. Any unauthorised use terminates the permission or license granted by Nelson and Forbes Ltd.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Nelsonandforbes.com as long as the link does not portray Nelson and Forbes Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nelson and Forbes Ltd logo or other proprietary graphic or trademark as part of the link without our express written consent.
6. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Nelson and Forbes Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
7. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nelson and Forbes Ltd. and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Nelson and Forbes Ltd. and is protected by United Kingdom and international copyright and database rights laws. All software used on this website is the property of Nelson and Forbes Ltd or our software suppliers and is protected by Luxembourg and international copyright and author' rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Nelson and Forbes Ltd’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Nelson and Forbes Ltd's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Nelson and Forbes Ltd’s express written consent.
Nelson and Forbes is a trademark or registered trademark of Nelson and Forbes Ltd, in the European Union and/or other jurisdictions. Nelson and Forbes Ltd’s trademarks and trade dress may not be used in connection with any product or service that is not Nelson and Forbes Ltd's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nelson and Forbes Ltd.
9. Our contract
When you place an order to purchase a product from Nelson and Forbes Ltd, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Please review our Returns Policy which applies to products purchased from us.
11. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
When ordering goods from Nelson and Forbes Ltd for delivery outside the UK, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot categorically state what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from nelsonandforbes.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
The customs forms that we dispatch with pieces that we send overseas list the value of the contents as well as the product type. Bronze sculpture is typically subject to a 0% import duty when imported, but we cannot guarantee this.
13. Electronic communications
When you visit nelsonandforbes.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Nelson and Forbes Ltd will not be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Nelson and Forbes Ltd does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
15. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
18. Governing law and jurisdiction
These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
Nelson and Forbes Ltd.
10 Binghams Park Farm
Potten End Hill
+44 (0)1442 256290
Company Registration Number SC3434471
VAT Registration Number GB 981 4037 17