Terms and Conditions

1. Introduction

1. These terms and conditions apply to new and existing customers of Nemesis Now limited.
2. Please note that where we have reasonable grounds to believe a customer has acted in breach of the below Terms and Conditions we may forthwith withdraw from the customer any entitlement to purchase our products and use our logo and images.
3. Nemesis Now reserve the right to change the terms and conditions at any time, so please do not assume that the same terms will apply in the future.

2. Information about us

1. The web site www.nemesisnow.com is owned and operated by Nemesis Now Limited who are completely dedicated to our customer’s total satisfaction. Nemesis Now Limited is a company incorporated in England under number 04600330. The registered office of Nemesis Now Limited is at 108-114 City Road, Stoke-On-Trent, Staffordshire, UK, ST4 2PH.
2. If you have any suggestions or comments, or if you need to contact us, please use these details:

Post:

Nemesis Now Ltd
108-114 City Road
Stoke-on-Trent
Staffordshire
ST4 2PH
United Kingdom

Phone: 01782 596660

Fax: 01782 501192

Email: sales@nemesisnow.com

3. Definition

1. In these conditions “Nemesis Now”, “We”, “Us” means Nemesis Now Limited.
2. The “Buyer”, “Customer”, “Purchaser” means the company or person engaged as a registered customer of Nemesis Now.
3. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.

4. Orders

1. The Customer must be registered to trade with Nemesis Now. If this is not the case, a trade application form must be completed and submitted prior to any trade. This can be done online, or by contacting our customer services team who can assist with the process. All trade applications are subject to approval.
2. The Customer warrants and represents that it is a commercial (as opposed to consumer) entity.
3. We have a number of ways in which an order can be placed;
   1. Online
   2. Telephone
   3. Fax
   4. Post
   5. Representative (subject to represented areas, see website for further details).
4. For new customers a minimum order value of £500 in the UK, €500 in the EU, and £500 anywhere else in the world applies (Excluding any delivery charges). After the first order has been placed and received, the minimum order value does not apply.
5. Placing an order with Nemesis Now does not constitute acceptance of that order by us.

5. Cancellation & Amendments to your order

1. If the customer wishes to cancel an order, it must be done so at the earliest instance and within 48 hours of the scheduled delivery. Contact our customer services team by telephone or email should any cancellation or amendment be required.
   1. Where a customer wishes to cancel an order that has been despatched, refer to 7.7.

6. Pre-Orders and Back orders

1. We want our customers to be aware of our new and up-and-coming items and will from time to time offer the opportunity for such items to be pre-ordered. Pre-ordered items will be placed onto a back order until the product is stocked and ready to launch.
2. Whilst every effort is made to despatch every order in full, it may be necessary to place any "out of stock" items onto a back order. These will be despatched with the next order when the stock is next available.
3. Please note that back orders will only be released if the total order value exceeds £100 in the UK, the value may be higher to other territories.
4. Goods held on back orders does not guarantee a future fulfilment of stock, as certain stock items may become unavailable in the future for reasons beyond our control.
5. Goods held on back orders does not imply priority for when goods return to stock.
6. Launch dates, and estimated arrival dates of back orders are for guidance purposes only and does not constitute a guaranteed delivery date.

7. Delivery and Charges

1. Nemesis Now will inform the customer of a delivery date as follows;
   1. Online: An estimated despatch will be given to the customer, which can be amended prior to the order being placed.
   2. Other: Nemesis Now will contact the customer directly to confirm a despatch date.
2. Delivery dates can be amended at any time prior to despatch. If the customer needs to amend a delivery date, please contact Nemesis Now immediately. No amendments can be made after the goods have been despatched from Nemesis Now’s premises.
3. For UK Customers, shipping is FREE on orders containing in stock items valued over £250. Any order below this amount will be charged at £10+VAT.
4. For EU Customers a minimum delivery charge of €50/£50 applies, for orders containing in stock items valued over €500/£500 the customer will be informed of the total delivery charge prior to confirming the order.
5. For international customers, we will get the best quote from our carefully selected couriers and inform the customer of the cost prior to despatch.
6. When despatching goods outside the UK, we deliver goods as standard on a DAP (“Delivered at Place”) basis, unless agreed in writing by both parties. We are therefore not responsible for any customs charges.
7. Should the customer refuse to accept delivery of goods despatched for any reason, the customer will bare the full costs of delivery, and any duty, handling charges, and/or return costs. The customer will also pay a stock handling fee equivalent to the greater of £50 or 25% of the goods value.

8. Payment

• Proforma customers:
  1. Payment must be made prior to despatch. Any order not paid in cleared funds within 7 days of the order being placed will be cancelled.
  2. We accept the following payment methods;
     1. Online orders:
        1. We accept most Debit/Credit cards; however, we do not accept American Express.
        2. Bank Transfer (cleared funds within 7 days of order placement, otherwise order will be cancelled, and funds returned).
     2. Orders placed elsewhere:
        1. We accept most Debit/Credit cards; however, we do not accept American Express.
        2. Bank Transfer (cleared funds within 7 days of order placement, otherwise order will be cancelled, and funds returned).
        3. Cheque: Cleared funds within 7 days of order placement, otherwise order will be cancelled, and funds returned. Forward dated cheques are not accepted. Should any cheque fail to clear the company’s bank account for whatever reason a £50 administrative fee will apply.

• Credit account customers:
  1. Payment terms are strictly 30 days net. Nemesis Now must receive payment by the last working day of the month following the month of invoice, unless otherwise agreed in writing between Nemesis Now and the Customer.
  2. Should any payment for goods not be made as and when due, Nemesis Now reserves the right to suspend all deliveries until such time payment is received.
  3. If the terms of payment are not complied with, Nemesis Now reserves the right to charge a statutory interest at 8% above the Bank of England base rate on all overdue monies.
  4. The Company reserves the right to pass on to the Customer all legal costs and expenses incurred in the recovery of any outstanding monies.
  5. We accept the following payment methods:
     1. Debit card (Credit cards and American Express are not accepted if the customer has a credit account with Nemesis Now).
     2. Bank Transfer.
     3. Cheque. Forward dated cheques are not accepted. Should any cheque fail to clear the company’s bank account for whatever reason a £50 administrative fee will apply.
  6. Full payment must be received into our account. It is the Buyers responsibility to satisfy any senders/routing charges that may apply on transfer of funds. Nemesis Now reserves the right to suspend any future deliveries until the full payment is received.
     
  7. Until payment is received in full, the goods will remain the property of Nemesis Now. We reserve the right to recover any goods at the expense of the customer for any goods which have not been paid for.

9. Returns

1. The customers right to return goods is protected under the EU Distance Selling Directive.
2. All breakages/damages etc. must be reported in writing/email/fax, with supporting images within 5 working days of receipt of the order.
3. Where the customer is entitled to a refund, we will credit the customer’s account within 30 days.
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.
5. This cancellation policy does not affect the customer’s rights when we are at fault - for example, if goods are faulty or mis-described.
6. Any goods returned should be in saleable condition in unmarked boxes, unless otherwise agreed with Nemesis Now.
7. Any goods returned by the customer without the prior written consent from Nemesis Now will be subject to a £50 or 25% stock value handling fee, whichever is greater.
8. Under no circumstance does Nemesis Now offer a sale or return, or exchange policy.

10. Selling Restrictions

1. The customer is permitted to resell goods to consumers at specified locations or store branded websites. Any changes to such locations will require our prior written consent from Nemesis Now.
2. In some instances, Nemesis Now may sell products which have restrictions in place to prevent the sale of goods to certain territories. Where a territory restriction is in place, products must not be sold outside of the permitted territories under any circumstance. A breach of this term will result in sanctions placed on product availability, future order cancellation and/or further legal action being taken.
3. While we endeavour to make available all our items to all our customers, we may be required to block the sale of certain products in line with licencing regulations.

11. Wholesale Prices and RRP

1. Wholesale and recommended retail prices may fluctuate due to market forces and we reserve the right to alter them periodically.
2. To allow Nemesis Now to continue to be a market leader in alternative giftware and provide the best range of products to its patrons, the Customer should forward any decision to increase or reduce retail prices in writing to Nemesis Now giving a minimum of 14 days’ notice.
3. Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

12. Marketing, Third Party website and Marketplaces

1. The Customer shall, whether selling the Goods from its business premises or online through its website, ensure that the 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, and shall operate high standards of shop fitting, display and website design in respect of the Goods. Nemesis Now has the right at any time on reasonable notice to carry out spot checks on relevant websites and to attend the Customer’s business premises to inspect the premises with a view to ascertaining compliance with this clause.
2. If the Customer wishes to sell the Goods through a third-party website or marketplace it shall request prior permission in writing from Nemesis Now and provide such information to Nemesis Now, as Nemesis Now shall reasonably require for the purpose of ascertaining the likelihood of compliance with clause 12 c.
3. When selling via a third-party website, the Customer shall ensure that the Goods are marketed in a manner which, in Nemesis Now’s reasonable opinion, maintains the high quality public image and reputation of the Goods, and Nemesis Now’s name and brand, and shall ensure that such third-party website operates high standards of website design in respect of the Goods. Nemesis Now has the right at any time on reasonable notice to carry out spot checks on relevant websites with a view to ascertaining compliance with this clause.
4. The Customer shall, when selling online through its own website or a third-party website, ensure that the website clearly displays the same trading name and contact details as that used at the business premises maintained by the Customer.
5. The customer agrees that all Nemesis Now products will be sold direct to consumers and not in bulk to entities for the purposes of reselling, unless prior written agreement made between Nemesis Now and the Customer.
6. All catalogues, literature, advertisements and any other promotional copy used by the Customer in its resale of the Goods whether such resale is via the business premises or online which incorporates reference to Nemesis Now, its corporate name or its trade marks must be submitted to Nemesis Now for written approval prior to printing, use or publication by or on behalf of the Customer.
7. 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.

13. Trademarks and copyright

1. Nemesis Now is the registered trademark of Nemesis Now Limited.
2. All designs, packaging, text, graphics, product descriptions, and all other material are copyright of Nemesis Now Limited. All rights reserved.

14. Warranty and Liability

1. 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.
2. We shall not be held liable for third party misrepresentations of Nemesis Now products or third party fraudulent misrepresentations.

15. Termination

1. Should either party decide that a business relationship can no longer be amicable and no reasonable compromise can be reached, termination of a business relationship will require a 30-day notice period in writing and the customer shall be liable for any orders or outstanding payments due within that notice period.

16. Jurisdiction

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.
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.