Terms & Conditions
Please read these conditions carefully before using Nemesis Now LTD. By using Nemesis Now LTD, you signify your agreement to be bound by these conditions. We offer a wide range of services, and sometimes additional terms may apply. When you use a Nemesis Now Service (for example Your Profile or Gift Cards), you will also be subject to the terms, guidelines and conditions applicable to that Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
1. Introduction
- These terms and conditions apply to new and existing customers of Nemesis Now limited.
- 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.
- 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
- 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.
- 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
- In these conditions “Nemesis Now”, “We”, “Us” means Nemesis Now Limited.
- The “Buyer”, “Customer”, “Purchaser” means the company or person engaged as a registered customer of Nemesis Now.
- The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
4. Orders
- 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.
- The Customer warrants and represents that it is a commercial (as opposed to consumer) entity.
- We have a number of ways in which an order can be placed;
i. Online
ii. Telephone
iii. Fax
iv. Post
v. Representative
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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.
The Company reserves the right to pass on to the Customer all legal costs and expenses incurred in the recovery of any outstanding monies.
We accept the following payment methods:
Debit card (Credit cards and American Express are not accepted if the customer has a credit account with Nemesis Now).
Bank Transfer.
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.
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.
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
The customers right to return goods is protected under the EU Distance Selling Directive.
All breakages/damages etc. must be reported in writing/email/fax, with supporting images within 5 working days of receipt of the order.
Where the customer is entitled to a refund, we will credit the customer’s account within 30 days.
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.
This cancellation policy does not affect the customer’s rights when we are at fault - for example, if goods are faulty or mis-described.
Any goods returned should be in saleable condition in unmarked boxes, unless otherwise agreed with Nemesis Now.
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.
Under no circumstance does Nemesis Now offer a sale or return, or exchange policy.
10. Selling Restrictions
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.
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.
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
Wholesale and recommended retail prices may fluctuate due to market forces and we reserve the right to alter them periodically.
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.
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
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.
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.
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.
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.
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.
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.
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
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.
14. Warranty and Liability
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.
We shall not be held liable for third party misrepresentations of Nemesis Now products or third party fraudulent misrepresentations.
15. Termination
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
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.
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.