Definitions & Interpretation
In these Terms:
‘Company’ means Nogg Ltd, Registered Office: Mercer House, 15 High Street, Redbourn, Hertfordshire, England. AL5 7LE.
‘You’ means a customer of the Company (any reference to ‘Your’ will be construed accordingly).
‘Contract’ means any contract between You and the Company for the sale and purchase of the Product and incorporating these Terms.
‘Order’ means an order to purchase a specific quantity of the Product and which incorporates these Terms.
‘Acknowledgment’ means an acknowledgment of Your Order sent by the Company to You.
‘Product’ means the Nogg Chicken Coop (any reference to Products will be construed accordingly).
‘Trading Address’ means Nogg Ltd, 81 Someries Cottages, Someries, Luton, Bedfordshire, England. LU2 9PL.
‘Intellectual Property Rights’ means all patents, registered and unregistered design rights, copyright, registered and unregistered trademarks and any other intellectual property rights owned or utilised by the Company.
The Company guarantees that the Product will be free from defects in materials and workmanship for a period of 12 months starting from the date that You take delivery of the Product. The guarantee applies solely to You, the original purchaser of the Product and is not transferable to any other person or entity.
You must notify the Company of any significant defect in materials and/or workmanship within 14 working days of becoming aware of the defect.
The Company cannot process any claims under this guarantee until the Product has been returned to the Company at the Trading Address.
Once the Product has been returned to the Company, the Company will inspect the Product and if the Company finds a defect in material and/or workmanship, the Product will be repaired or replaced or the Company will provide You with a refund. Any refund provided will take into account the use that You have had of the product.
The guarantee does not cover any misuse, damage or failure to read and follow the relevant manual and instructions for use.
The guarantee is in addition to and does not affect Your statutory rights. These include amongst others:
Your rights as a consumer, under the Sale of Goods Act 1979, to reject goods that are faulty and/or incorrectly described, and Your additional rights as a consumer incorporated into the Sale of Goods Act 1979 by The Sale and Supply of Goods to Consumers Regulations 2002.
Any advertisement of the Product on the Company website, in any Publication or in any other medium is an ‘invitation to treat’. An Order is an ‘offer capable of acceptance’ made by You to the Company incorporating these Terms. The placing of an Order signifies that You agree to all of these Terms. The Contract will only exist between You and the Company when the Company accepts Your offer in accordance with the procedure detailed below. The Company is not obliged to accept any offer made by You.
To enter into a contract with the company:
You must contact the Company utilising the email address or telephone number below and notify the Company of Your intention to place an Order.
The Company will send to You, instructions on how to place the Order (including all details required by the Company) and a copy of these Terms.
You must place an Order utilising the email address or telephone number below and You must include all details required by the Company.
The Company will provide You with an Acknowledgement as soon as possible. You must ensure that all the information contained in that notice is accurate and complete and where it is not notify the Company of any errors.
When the Company is able to dispatch the Order. The Company will notify You and You must ensure that all the information contained in that notice is accurate and complete and where it is not notify the Company of any errors.
Acceptance of the Order occurs when the Company sends notice that the Order has been dispatched. At that point a contract between You and the Company is formed.
The Product is handcrafted and utilises natural materials in its construction. Consequently, minor variations in the Product and its design are to be expected. Whilst the Company will make all reasonable endeavours to ensure that the Product matches the description and designs displayed on the Company website or in any literature that we may provide to You, any minor variations in the Product do not entitle You to reject the Product nor claim any compensation for such variation.Price
The price of the Product is the price stated on the Company website or in any literature, notice or documentation sent to You and is inclusive of VAT but exclusive of delivery charges. The Company will notify You of any delivery charges before You place an Order.
The Company may change the price of the product at any time. However, any variations made after the formation of the Contract will not affect the Contract.
You must pay the full price of the product including VAT and any delivery charge when requested to by the Company and in any event, on or before the day on which the Order is dispatched. The Company may withhold the Product(s) and/or cancel the Contract between You and the Company if the Company does not receive the price in full. Payment must be made by cheque or by BACS bank transfer to an account specified by the Company.Delivery
The Company must arrange for the Order to be delivered to the address specified in the Order
The Company must use reasonable endeavours to arrange for delivery of the Order on or before the date specified in the Acknowledgment, or if no date is specified in the Acknowledgment, within 30 days of the date of the Acknowledgment. However, the Company will not be liable for any delay in delivery of the Order which is a result of circumstances genuinely beyond its control, including a) adverse weather conditions, or b) any restraints or delays affecting delivery services.
If after 60 days from the date of the Acknowledgment, the Company has not been able to arrange delivery to the address specified in the Order, You may cancel the Contract and seek a refund of any sums owed.
Responsibility & Ownership
Responsibility (Risk) for the Product(s) passes to You when the Products are delivered to the address specified in the Order.
Ownership of the Product(s) passes to You on one of the following conditions, whichever occurs later:
Delivery of the Product(s) to the address specified in the Order.
Full cleared payment of all sums owed by You to the Company.
You must ensure that and You warrant that:
All information provided by You is accurate and complete.
You will be able to take delivery of the Product(s).
You are at least 18 years of age.
You have full authority and the capacity to enter into a contract with Company.
Any child or children will be supervised by a competent adult and that prior to utilising the Product(s) You will fully read the manual or any instructions provided.
You will take all reasonable care when utilising the Product(s).
The Consumer Protection (Distance Selling) Regulations 2000 provide the consumer with the right to cancel a distance contract (a contract made exclusively using means such as the internet or the telephone) made with a supplier, within a set period of time and subject to certain conditions.
You may cancel a contract with the Company, subject to the limitations below, at any time during the cancellation period. The cancellation period begins on the day that the contract is formed (see Clause 3.6) and ends 7 working days from the day after the Product(s) are delivered to the address specified in the Order, subject to the limitations below.
To cancel a contract utilising this right,
You must provide the Company with a notice of cancellation in writing.
You must give said notice of cancellation utilising one of the following methods: a) leaving the notice at the Trading Address, b) sending the notice by post to the Trading Address, or c) sending the notice by email to the email address provided below.
You must return the Product(s) to the Trading Address, unused and in the same condition in which You received the Product(s).
You must return the Product(s) as soon as possible and in any event, within 30 days.
The Company must reimburse to You the cost of the Product(s) and the cost of shipping the Product(s) to the address specified in the Order. However, You must pay the costs of returning the Product(s) to the Company.
Where You cancel the contract utilising this right but fail to return the Product(s) we may recover the Product(s) at Your expense. Furthermore, if You return the Product(s) at cost to the Company, the Company may recover that cost from You.
Where You cancel the Contract and if You are entitled to a refund, the Company will reimburse You as soon as possible and in any event, within 30 days from the date that You gave notice of cancellation.Liability
Nothing in the Contract limits or excludes the liability of the Company for:
Death or Personal Injury which arises as a result of negligence on the part of the Company
A breach of any warranty, condition or term implied by statute or common law.
The statutory rights that You have as a consumer, which cannot be limited or excluded, are not affected by these Terms
The Company will not be liable to You for any business losses including: pure economic loss, loss of or damage to any profits, income, revenue, savings, business, goodwill or otherwise.
The Company will not be liable to You for any losses that were not foreseeable to both parties at the time the Contract was formed.
The Company will not be liable to You for any losses that were not a result of any breach on the part of the Company
The Company will not be liable to You for any failure or difficulty in effecting delivery where the Company is prevented, hindered or delayed in carrying on its business by circumstances genuinely beyond the control of the Company. These circumstances include: acts of God, governmental actions, war, national emergency, protests, riots, emergencies, fire, explosion, flood, labour disputes (not relating to the Company’s workforce) failure or delay in obtaining suitable materials or suppliers of services.
If there is a delay in delivery or the Company is unable to deliver as a consequence of one or more the circumstances described above, the Company must notify You as soon as possible.
You or the Company may cancel the Contract if a) one or more of the circumstances described above exists for a continuous period of 14 or more days, or b) 60 days have elapsed since the date of the Acknowledgment.
In the event that the Company or You cancel the Contract under this term and You have paid any sums to the Company, the Company will refund the amount paid as soon as possible and in any event, within 30 days from the date that notice was given to cancel the Contract.
In the event that any term, or part thereof, of the Contract is deemed to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable by any court, tribunal or administrative body of competent jurisdiction, that term or part thereof will, to such extent as is necessary, be severed and the remaining terms of the Contract will continue in full effect and be enforceable.Amendments
The Company may amend the Contract at any time provided that the Company gives notice of its intention to do so. You may amend the Contract at any time provided that the Company receives written notice and agrees in writing to the amendments.Assignment
You are prohibited from assigning, charging, sub-contracting or otherwise transferring any of the rights or obligations arising under or in connection with the Contract. The Company may assign, charge, sub-contract or otherwise transfer any of the rights or obligations arising under or in connection with the Contract. Rights of Third Parties The Contract is made solely for the benefit of the parties to it. To the full extent permitted by the Law, the parties to the Contract do not intend that any term of the contract or any other right or obligation arising under, or in connecting with, the contract can be enforced by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Contract.Entire Agreement
The Contract constitutes the entire agreement between You and the Company. No terms or conditions delivered with or contained in the Order, the Acknowledgement or any other statements whether made orally or in writing will form part of the Contract even if referred to in the Contract.Communications & Notices
Subject to any other terms of the Contract, all communications and notices between the two parties made under or in connection with the Contract must be in writing and: In the case of communications and notices to the Company, delivered by hand or sent by post to the Trading Address, or sent by email to an email address stated below. In the case of communications and notices to You, delivered by hand or sent by post to the address specified in the Order, or sent by email to the email address specified in the order.Enforcement
Where the Company fails or delays in enforcing either wholly or partially any term of the Contract, the Company will not be deemed to have waived any of the Company’s rights under or in connection with the Contract.Waiver
Where the Company waives any breach of any term of the Contract, the Company will not be deemed to have waived any subsequent breach of any term of the Contract.Privacy
All Your personal information that the Company collects to process the Order is dealt with a safe and secure manner in accordance with the Data Protection Act 1998. The Company will only make use of any personal information for the purpose of performing the Contract, such as sending the Acknowledgement. The Company will never release any personal information to a third party except where it is necessary for the performance of the Contract, such as providing details to a delivery service .Intellectual Property
The Intellectual Property Rights are protected by United Kingdom, European Union and International Law and International Treaties. Nothing in the Contract shall construe as conferring on You or any other party any license or right in respect of the Intellectual Property Rights. Copyright exists in all text, diagrams, pictures, logos, literature, promotional material, website content. ‘nogg’ is a Registered Trademark: 2551276, ‘NOGG’ is a Regsitered Trademark: 2559742. The design of the Product is a Registered Design:
The Registered Office of the Company is:
Nogg Ltd, Mercer House, 15 High Street, Redbourn, Hertfordshire, England, AL5 7LE
The Trading Address of the Company is:
Nogg Ltd,, 81 Someries Cottages,, Someries,, Luton,, Bedfordshire,, England, LU2 9PL
email: firstname.lastname@example.org/ Telephone: +44 (0)7812 084335
The Contract will be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction to determine any dispute that may arise under or in relation to the Contract.
Nogg Limited is a Private Company Limited by Shares registered in England. Registered No: 07159937. Registered Office: Mercer House, 15 High Street, Redbourn, Hertfordshire, England. AL5 7LE.