Terms and conditions
Terms and conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are:Nelly Ley Ltd
Our address is: 71-75 Shelton Street, London, WC2H 9JQ UK
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
Means all days other than Saturday, Sunday and English statutory and public holidays
In this agreement unless the context otherwise requires:
2.1.a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2.these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3.any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4.except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5.in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6.the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7.a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8.in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
2.9.these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website. They apply when you buy any Goods via this site or otherwise use this site. We cannot guarantee that they will remain accessible on our website in the future therefore we recommend printing or saving these terms for future use as we will not keep a file copy specifically for the transaction with you.
2.10.this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.Our contract with you
3.1.This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2.Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3.If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4.Because we rely on our suppliers, wedo not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5.The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods. We will take care to ensure that representations and descriptions of Goods on our website are correct. However there may be minor differences between the actual goods and the way they appear on our website, for example: the colour tone of the metal, all our jewellery is hand polished and finished.
3.6.If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7.We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
3.8.Our prices do not include customs or import duties which may be applied to your order by the relevant authorities. We recommend that you check with your local customs office in advance. It is your responsibility to pay for them.
4.Acceptance of your order
4.1.Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we accept your order by e-mail confirmation. That is when our contract is made. At any point up until then, we may decline to supply the Goods to you without giving any reason. Our email confirmation message will also confirm details of your purchase. The item description will tell you how long it takes before we shall despatch your order.
4.2.If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1accept the alternatives we offer;
4.2.2cancel all or part of your order.
4.3 You must ensure that your order informations are correct. If you provide an artwork, you are a sole author and owner of the information or drawing you supply us or that you have permission from the owner. You have obtained the consent from the owner and it does not violate any third party intellectual property or other rights. You license us to use your artwork.
5.Price and payment
5.1.The price payable for the Goods that you order is clearly set out on Our Website.
5.2.It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3.If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.4.Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5.Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6.If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you. We will inform you as soon as possible and give you the option of buying the Goods at the correct price or cancelling the order.
5.7.The price of the Goods does include the delivery charge.
5.8.If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6.Security of your credit card
We take care to make Our Website safe for you to use.
6.1.Card payments are not processed through pages controlled by us. We use PayPal and other secure payment service providers who will encrypt your card or bank account details in a secure environment.
6.2.To securely receive your payments over the Internet we use Secure Sockets Layer (SSL) technology, which is the standard Internet practice and means your details are protected.
7.Cancellation and refunds
7.1.We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2.The following rules apply to cancellation of your order:
7.2.1If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
7.2.2If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
7.2.3We will return your money subject to the following conditions:
184.108.40.206we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
220.127.116.11you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
7.3.The cancellation period will expire after 14days from the day on which you obtain, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods.
7.4.You are liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods..
7.5.The option to cancel your order is not available:
7.5.1for hygiene reason we cannot exchange or refund earrings;
7.5.2.If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
7.5.3There is no right to cancel contracts for the supply of goods made to your specifications or which are clearly personalised including bespoke or engraved items.
The procedure to return the faulty Goods is as follows:
7.6.You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.7.In any of the above scenarios, we will return your money within 14 days.
7.7.1you comply with our returns procedure. We cannot return your money unless we know who sent them.
7.7.2you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
7.8.If any defect is found, then we shall:
7.8.1repair or replace the Goods, or
7.8.2refund the full cost you have paid including the cost of returning the Goods.
8.1.We reserve the right to change, modify, substitute or remove without notice any information on the site from time to time.
8.2.We keep the site up to date but cannot guarantee that this site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on technology.
8.3.We are entitled without any notice to suspend the site for repair or other technical reason.
8.4.We are not liable for any indirect loss, consequential loss, business loss including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure in connection with your use of the Nelly Ley website. We do not intend for goods bought by customers to be used for business.
8.5.Goods supplied are not for resale.
8.6.Our total liability under this agreement, however it arises, shall not exceed the sum of £1000 or the value of the items to which a claim is relevant, whichever is the greater. This applies whether your case is based on contract, tort or any other basis in law.
8.7.You must use the site for a lawful purposes only. If you register an account with us you are fully responsible and liable for all access made to the site making sure all your passwords and user names are kept confidential.
8.8.We remain liable for loss, damage or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation.
8.9.We remain liable for any breach of the obligations implied by section of the supply of Goods and services act 1982 or section 12 of the Sale of Goods act 1979
8.10.We cannot be liable for links and third party e-commerce. The website may contain links to other websites, these links are not under our control. We cannot guarantee that the Website is free from computer viruses.
8.11.We shall not be liable or in breach of these terms and conditions for delays or failure to perform in delivering your Goods to you if the delay or failure is due to a cause beyond our reasonable control.
8.12.Nelly Ley Ltd cannot be held liable for any Goods that have been repaired or modified by a third party.
9.Delivery and pick up
Goods are delivered within 14days from the day you place an order to purchase the Goods. Delivery dates given on our website are estimates only. We have no liability for any losses arising from delay in delivery beyond our reasonable control.
9.1.Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.2.If we are not able to deliver your Goods within 14 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.3.We may deliver the Goods in instalments if they are not all available at the same time for delivery
9.4.Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
9.5.All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.6.Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.7.Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
9.8.If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.9.If you receive notification of an unsuccessful attempted delivery, it is your responsibility to contact the delivery company to arrange re-delivery.
9.10.Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
10.Foreign taxes and duties
10.1.If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
10.2.You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
11.1.We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them. Should you receive the Good you have ordered that is defective, damaged or not what you ordered, please contact us as soon as possible via email at firstname.lastname@example.org
11.2.You must return any defective, damaged or incorrect item to us within 14days of receiving the item.
11.3.Precious metal such as gold, platinum, palladium cannot be returned. This items are made specifically for you as a personalised item when you place the order therefore items can be exchanged or adjusted to your needs.
11.4.Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly.
11.5.The Goods must be returned to Nelly Ley Ltd, PO Box 23 Berkeley Square, London W1J 6HE, UK as soon as any defect is discovered but not later than 14 days with its security tag intact, its original packaging and proof of purchase, dispatch note and we will be happy to either exchange the item or refund the price paid.
11.6.So far as possible, Goods should be returned:
11.6.1with both Goods and all packaging as far as possible in their original condition;
11.6.2securely wrapped with the security tag intact;
11.6.3including our delivery slip;
11.6.4at your risk and cost.
11.7.You must tell us by email message to email@example.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.8.In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
11.9.Most of the Goods are covered by the manufacturer's guarantee for a minimum of 1 month.
11.10.For hygiene reasons we cannot exchange or refund earrings.
11.11.Items bought in our Sale or on promotion will not be refunded if returned after 14 days from the day you receive the item, but can be exchanged within the relevant Sale period.
11.12.Personalised items, bespoke items, engraved items, embossed cannot be refunded or exchanged.
11.13.If we agree that the Goods are faulty, we will:
11.13.1refund the cost of return carriage;
11.13.2repair or replace the Goods as we choose.
11.14.If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11.15.If you request a refund under our Return Policy, we will refund you the price you paid for the items. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the items, if this has been caused by your handling them in a way which would not be permitted in a shop. We will also refund any delivery costs you have paid us to send your item, although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer.
11.16.We cannot accept responsibility for items sent by you and lost in a transit.
11.17.You have a legal obligation to take reasonable care of the items when they are in your possession.
11.18.If you want to cancel your order, please contact us as soon as possible. We post our products quickly, it may be not possible to stop your order so please follow the instructions for Returns in those instances.
11.19.If we are providing engraving or making bespoke pieces you cannot cancel the order if we have already started the work.
12.1.Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months from the original date of purchase under the terms of warranty. The warranty covers manufacturing defects only. You will need to provide the proof of purchase of the item. We will repair your item free of charge during the warranty. This does not cover damage from wear and tear (scratches or dents occurred while using the item or accidental damage).
12.2.The engraving on items is not covered under a warranty terms and will only be repaired if not as described or as agreed when the purchase was made.
12.3.Our Goods are manufactured to a very high quality however, should you require a repair service we offer it free of charge during the warranty period. Should you need resizing your ring which you purchased from our website within the warranty period, one size up or one size down we offer the one-off service free of charge. We only offer our engraving and repair services for goods that you purchased from us.
12.4.Your warranty does not cover damage resulting from improper handling, lack of care, misuse, accidents or normal wear and tear or water damage.
12.5.For work that is not covered under this warranty we may perform the repair services you request for a charge. Such charges will be notified and agreed by you prior to performing the repair services. The charges are subject to change.
13.1.We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.2.We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
13.3.We make no representation or warranty and accept no responsibility in law for:
13.3.1accuracy of any Content or the impression or effect it gives;
13.3.2delivery of Content, material or any message;
13.3.3privacy of any transmission;
13.3.4any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
13.3.5any aspect or characteristic of any goods or services advertised on Our Website;
13.4.Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
13.5.We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
13.6.Our total liability under this agreement, however it arises, shall not exceed the sum of £1000 or the value of the items to which a claim is relevant, whichever is the greater. This applies whether your case is based on contract, tort or any other basis in law.
13.7.This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
13.8.If you become aware of any breach of any term of this agreement by any person, please tell us by writing to firstname.lastname@example.org. We welcome your input but do not guarantee to agree with your judgement.
13.9.Nothing in this agreement excludes liability for a party's fraud.
13.10.Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
14.Your account with us
14.1.You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
14.2.If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
14.3.You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14.4.It is a customer responsibility that the sale and delivery of the items you buy from www.nellyley.co.uk to your particular country or location is permissible, so please be aware of your own geographic import restrictions.
14.5.This site and its contents will not constitute the basis for any contractual commitment between Nelly Ley Ltd. And any prospective customer in any jurisdiction in which the solicitation of interest or the offering of or sale of items by Nelly Ley Ltd would contravene any applicable local, regional or national legislation. No prospective customer should seek to make any order through the site from jurisdiction in which it would be illegal for Nelly Ley Ltd to sell items.
14.6.You must ensure that any reviews or other content which you post is not unlawful or inappropriate. You commit that any review is your honest and genuine opinion.
14.7.We reserve the right without notice or refund to suspend, remove or delete any content where we have the reason to believe that it breaches our terms and conditions.
14.8.We are entitled to terminate your account at any time without notice. If it happens you must not create another account without our permission.
15.1.You acknowledge and agree that we and any third party provider may process your personal data in accordance with the terms of our privacy and cookies policy.
16.Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
16.1.be malicious or defamatory;
16.2.be illegal, obscene, offensive, threatening or violent;
16.3.consist in commercial audio, video or music files;
16.4.be sexually explicit or pornographic;
16.5.be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
16.6.give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
16.7.solicit passwords or personal information from anyone;
16.8.be used to sell any goods or services or for any other commercial use;
16.9.include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
16.10.link to any of the material specified above, in this paragraph.
16.11.send age-inappropriate communications or Content to anyone under the age of 18.
17.Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
17.1.hyperlinks, other than those specifically authorised by us;
17.2.keywords or words repeated, which are irrelevant to the Content Posted.
17.3.the name, logo or trademark of any organisation other than yours.
17.4.inaccurate, false, or misleading information.
18.How we handle your Content
18.2.If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
18.3.Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
18.4.We need the freedom to be able to publicise our Goods and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
18.5.We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
18.6.You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
18.7.You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
18.8.Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
18.9.You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
18.10.You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
18.11.Please notify us of any security breach or unauthorised use of your account.
18.12.We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph 17.5 above.
18.13.Any ideas or drawings to make a bespoke piece you provide will be treated as you gave Nelly Ley Ltd permission to make the piece, photograph and advertise on the website unless otherwise stated on the purchase day.
19.Removal of offensive Content
19.1.For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
19.2.We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
19.3.If you are offended by any Content, the following procedure applies:
19.3.1Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
19.3.2we shall remove the offending Content as soon as we are reasonably able;
19.3.3after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
19.4.We may re-instate the Content about which you have complained or not.
19.5.In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
19.6.You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
20.Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
20.1.modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
20.2.link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
20.3.download any part of Our Website, without our express written consent;
20.4.collect or use any product listings, descriptions, or prices;
20.5.collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
20.6.aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
20.7.share with a third party any login credentials to Our Website.
20.8.Despite the above terms, we now grant a licence to you to:
20.8.1create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
20.8.2you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Goods;
a breach of the intellectual property rights of any person.
22.1.We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
22.2.Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
22.3.You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
22.4.Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
23.1.If you are not happy with our services or have any complaint then you must tell us by email message to email@example.com.
23.2.If a dispute is not settled, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
23.3.We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
24.1.When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
24.2.Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
24.3.If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
24.4.The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
24.5.No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
24.6.Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
24.7.This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
24.8.Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
24.9.In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
24.10.The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
25.1.Nelly Ley Ltd is company registered in England and Wales under company number 10128263 and whose registered office is at 71-75 Shelton Street, London, WC2H 9JQ UK who trade under the name 'Nelly Ley'.
EFECTIVE DATE: 29.09.2016