8. Returns & Refunds
8.1 The customers right to return goods is protected under the EU Distance Selling Directive. If you are not satisfied with your order, for whatever reason, you can cancel your order up to 14 days after your order has been delivered.
8.2 To request a refund, please contact us by email (clause 2.2) including details of your order to help us to identify it. Any refund request for damaged goods must include supporting images.
8.3 We do not accept refunds for any reason 14 days after delivery. This does not affect the customer’s rights if the goods are mis-described or faulty.
8.4 The customer is responsible for the cost and risk of loss or damage when returning the goods (unless otherwise agreed prior with Nemesis Now), we therefore recommend postal insurance is taken to cover the value of goods in transit.
8.5 Any goods returned should be in saleable condition in unmarked boxes, unless otherwise agreed with Nemesis Now.
8.6 Where the customer is entitled to a refund, we will credit the customer’s account within 30 days.
8.7 Under no circumstance does Nemesis Now offer a sale or return, or exchange policy.
9. Reserved Platforms
9.1 You acknowledge that unless you are a Permitted Reserved Platform Reseller, the Goods may not be listed on any of the platforms referred to under clause 9.3 below (the "Reserved Platforms"), as may be updated from time to time.
9.2 You must refrain from “actively selling” (as defined in The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022) to the Reserved Platforms, which have been reserved to us. Failure to do so would be considered a material breach of these terms.
9.3 The current list of Reserved Platforms is:
www.amazon.co.uk
www.amazon.com
10. Selling Restrictions of Goods
10.1 We may sell products which have intellectual property related restrictions in place to prevent the sale of goods to certain territories (e.g. the US) (the ‘Reserved Territories’). Where a territory restriction is in place, active sales of the product must not be made into the Reserved Territories under any circumstance.
11. Marketing and Brand Value
11.1 At all times you must ensure that goods are marketed in a manner which, in Nemesis Now’s reasonable opinion, maintains the high-quality public image and reputation of the Goods, Nemesis Now’s name and brand. This includes the use of all catalogues, literature, advertisements and any other promotional information used by you.
11.2 You are only permitted to sell goods through sales channels as agreed upon application. Any changes must be notified to us and agreed by us in writing.
11.3 Under no circumstance is the customer permitted to alter any product name, product description, or intended product use. Nemesis Now will not tolerate any misrepresentation of the Nemesis Now brand.
12. Trademarks and copyright
12.1 Nemesis Now is the registered trademark of Nemesis Now Limited. All designs, packaging, text, graphics, product descriptions, and all other material are copyright of Nemesis Now Limited. All rights reserved.
12.2 Product photography and images from Nemesis Now owned websites and databases, including the Nemesis Now logo and brand, remain the intellectual property of Nemesis Now and may not be used by third parties, unless with the prior written consent of Nemesis Now.
13. Warranty, Liability and events outside our control
13.1 We provide a warranty that on delivery, the Goods shall conform with their description, be of satisfactory quality as defined by the Consumer Rights Act 2015.
13.2 We will not be liable for any breach of the warranty set out in 13.1 if you make any further use of the Goods after giving notice to us, the defect arises as a result of us following any drawing, design or specification supplied by you, you alter or repair the Goods without our written consent or the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
13.3 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
13.4 we will under no circumstances be liable to you, whether in contract, wrongdoing (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business, or revenue, or loss of business opportunity, goodwill or any indirect or consequential loss.
13.5 Our total liability to you for all losses arising under or in connection with the Contract, whether in contract, wrongdoing (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the price paid by you for the Goods.
13.6 We shall not be held liable for any failure or delay in delivering the Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as act of God or those of a third party.
13.7 We shall not be held liable for third party misrepresentations of Nemesis Now products or third-party fraudulent misrepresentations.
14. Termination
14.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 3 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
(d) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
(e) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business
14.2 Your account will be closed if your account has been inactive for 12 months, at which point your account cannot be reopened and you must reapply for a trade account (clause 3.2)
14.3 Upon termination any use of our intellectual property is strictly prohibited.
15 General
15.1 We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
15.4 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 The Contract is between you and us only. No other person has any rights to enforce any of its terms.
15.6 Plastic Packaging Tax "PPT" (UK only). Nemesis Now confirms that PPT will be accounted for on all plastic packaging components used to supply products to you.
16. Governing Law and Jurisdiction
16.1 All transactions are undertaken and conducted under the jurisdiction of English Law and any disputes in connection therewith shall be tried in the Courts of England and Wales.
16.2 None of these terms affect the customer’s legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.