Terms of service

1. Introduction

1.1. NelsonHewitt.co.uk, an e-commerce website (the “Website”) is operated by Arktemis Limited, a retailer with the company number 15855656 and VAT number 514 075 319, whose registered office is located at 49 Jamaica Street, Level One, Basecamp Liverpool, Liverpool England, L1 0AH (“NelsonHewitt”). 

1.2. Products or services (“Product”) are made available to you for purchase through the checkout.

1.3. By placing your order to purchase one or more Products (each, an “Order”) through the checkout, you confirm that you have read and understood these Terms of Sale, the Security & Privacy Policy and the Cookie Policy (which is available on the checkout) (together, “Terms”) in their entirety, and you agree to be bound by them.

1.4. These Terms define your legal relationship regarding the checkout, the placement of Orders, and the purchase and delivery of Products underlying such Orders.

1.5. If you do not agree to the Terms, please do not complete your Order.

1.6. These Terms are in, and are governed by, the English language. You agree that any translation, if provided, is available for your convenience only (unless otherwise required by applicable law).

1.7. For further information regarding these Terms, please contact the Customer Service team.

2. Placing Your Order

2.1. Placing Orders through the checkout is reserved exclusively for individuals (or companies) purchasing Products for their own personal use who, in the case of an individual, is no younger than 18 years of age (“Consumers”).

2.2. By placing an Order, you represent and warrant that: (i) the Order and purchase of Products thereunder is strictly and solely for your personal use, and not for resale, distribution or any other commercial activities; and (ii) you are legally capable (in terms of age and capacity) of entering into binding contracts per the local legal requirements in the geographical location where you reside.

2.3. Orders are placed through the checkout by clicking on the “Pay Securely Now” button (or similar button). The checkout displays the Products you purchase, the price thereof, delivery costs and fees (“Delivery Costs"), any applicable import or sales taxes (such as Value Added Tax, Goods and Services Tax), and, if available for pre-payment, import duties, tariffs and similar costs and fees that may be imposed by the delivery destination (collectively, "Duties and Taxes"). Please make sure you review your Order carefully so as to identify and correct any input errors prior to placing your Order.

2.4. Where the Website offers you the option to purchase the Products in your local or chosen currency, the price of the Products may change from time to time due to exchange rate fluctuations. The price, Delivery Costs and Duties and Taxes (if available for pre-payment) of the Products you purchase, will be those that were displayed to you on the checkout at the time you actually placed your Order.

2.5. The checkout page will specify the payment methods available for your Order. The availability of such payment methods is dependent on your geographical location.

2.6. You acknowledge and agree that: (i) Shopify will use one of its third party payment processors providers ("Payment Processor") to process your payment (while Shopify is acting as the merchant of record), using the payment method you have selected on checkout and Shopify may use the tools, technology or the services of the Payment Processors to process the transaction on its behalf; and (ii) you will provide valid and current information about yourself for this purpose.

2.7. If the payment method you selected for the Order supports pre-authorization mechanism (e.g. most credit/debit cards), then when you place the Order, the applicable amount will only be authorized, and you will be charged on the earliest of up to 5 days following the date of Order or once the Product has been dispatched to you.

2.8. If the payment method you selected does not support pre-authorization mechanism, the charge will be immediate upon placing the Order (noting however that specific payment methods may support a different timing and Nelsonhewitt and Shopify may not know or be in control over such timing, if applicable. Please check the provider of your selected payment method’s terms of service for more details). Please note that you will be charged the full Order amount even if the Order will be dispatched in parts or if it is a ‘pre-order’ or similar type of order.

2.9. The Website displays the characteristics of the Products you order. There could be minor differences between the Products you eventually receive and their visual display on the Website or checkout (e.g. in relation to appearance / colour / texture / finish) as all pictures and images of Product displayed are for illustrative purposes only. Where dimensions and measurements are provided in the description of each Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose (including whether there is appropriate and safe access to your delivery address for delivery of the Product). Please read the descriptions and details of the Products carefully before placing the Order. This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.

3. Order Acceptance and Confirmation

3.1. The information contained in these Terms, and the information displayed on the Website and checkout, constitute only an invitation to contract. Your Order is not accepted (and therefore no commitment is made to sell or provide you with the Products), and no contract for the sale of such Products will come into effect, until you receive an email explicitly stating that the Order has been accepted and confirmed ("Order Confirmation"). The contract is concluded in the dispatch country (where the contract for the sale of the Order is concluded).

3.2. The Order is subject to fraud checks and other mandated regulatory checks (including for individual, companies or other entities that are on a restricted list issued by a government or other relevant legal authority, such as ‘Denied Parties Screening’). You may also be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order (mainly if there is suspicion that the identity, address, email address and/or payment information were used fraudulently or in an unauthorized manner).

3.3. In certain circumstances your Order may be declined or cancelled (in full or in part), whether before, or after an Order Confirmation was received. For example, either Nelsonhewitt or Shopify may, in their sole discretion, decline or cancel (in full or in part), any Orders which did not successfully pass the above mentioned fraud and regulatory checks, any Orders which are suspected to be placed in bad faith, or Orders which were not placed by Consumers. Orders in relation to which the payment information you provided cannot be verified, if a Product included in the Order is unavailable or if your Order is otherwise not made in compliance with these Terms.

3.4. Nelsonhewitt and Shopify also reserve the right, each in its sole discretion, to decline or cancel an Order (in full or part) in case of actual or suspicious circumstances (related to us, you or any third party) of a good faith, genuine or honest error, mistake or misunderstanding (an “Error”) where without such Error the Order would not have been accepted or dispatched and a contract to sell the Product(s) underlying the Order would not have been agreed to or when such Error was abused by you to purchase such quantity of items which otherwise would not have been purchased or considered to be a regular order. An example could be an improbably low price for an item otherwise costing significantly more, which may or may not be in the context of a ‘sale’ or special promotion. Neither Nelsonhewitt nor Shopify will be under any obligation to honour an Order in such erroneous circumstances.

3.5. In each event described above where an Order was cancelled or declined, you will be refunded in accordance with these Terms (provided your payment had been processed successfully).

3.6. Quantity limits (per order, per address or otherwise) may apply in relation to certain Products, and excessive Orders could be declined at any time for that reason, without notice.

3.7. Unless otherwise required by applicable law, neither Nelsonhewitt nor Shopify is required to provide a reason for declining or cancelling any Order, but may do so in their sole discretion.

4. Duties and Taxes

4.1. Depending on where you are based, you may be able to pre-pay Duties and Taxes on your Order on checkout. Please note, not all products and not all destinations support pre-payment of Duties and Taxes, and we cannot guarantee that your Order will be eligible for such pre-payment. The Website or checkout will provide details, and itemize or indicate if the price paid is inclusive or exclusive of Duties and Taxes before you complete and place the Order.

5. Fulfilment, Handling And Delivery Of Orders

5.1. The delivery and fulfilment of your Order is carried out by various delivery partners. These are selected and operated by Shopify or by NelsonHewitt (a "Delivery Partner").

5.2. Unless otherwise stated, and subject to applicable laws, delivery dates given on checkout (or on the Website) are estimates only. The Order will be delivered by the latest delivery time set out on checkout (based on the delivery method you selected, if such selection was available for your Order) or, if no delivery time is specified, within 30 days following the Order Confirmation date, unless exceptional circumstances exist (pre-order for example).

5.3. Delivery timeframes depend on your delivery address and your chosen delivery method. Neither Shopify nor Nelsonhewitt are able to specify an exact delivery date and time. Where Nelsonhewitt is unable to deliver your Order within the periods mentioned above, Nelsonhewitt reserve the right to cancel your Order.

5.4. Delivery will be completed when the Product is delivered to the address chosen by you as specified when placing your Order (where Duties and Taxes have not been paid in advance, that may include the port of entrance to the country destination). Different parts of your Order may be delivered on different dates as confirmed in your confirmation email or as otherwise communicated to you by Nelsonhewitt (such dates being estimates only).

5.5. Neither Shopify nor Nelsonhewitt accept any liability for any loss arising from a delay in delivery.

5.6. If you receive notification of a failed delivery attempt, it is your responsibility to use the details provided by the Delivery Partner for re-delivery. Efforts will be made to deliver your Product according to the details specified in your Order.

5.7. Some Products may not be delivered to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). You will be informed of such limitation, either on the Website or checkout, and the checkout should not permit you to submit your Order if the Product cannot be delivered to your specified address. However these restrictions are subject to change dependent on a number of factors. Nelsonhewitt can only deliver to one shipping address per Order.

5.8. Nelsonhewitt and Shopify reserves the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered to you.

5.9. In certain circumstances, the Delivery Partner may offer alternative delivery options, including providing the following options: signature release – opting out of the requirement to provide a signature on delivery (where such option is offered as part of the chosen delivery service); and/or leave with neighbour – redirecting the delivery to a neighbour (“On Demand Delivery Service”). By selecting to receive your Order via one of these options, you acknowledge and agree that neither Nelsonhewitt, Shopify nor the Delivery Partner is responsible or liable for any loss or damage that may result from this service.

5.10. For some Orders, the Delivery Partner may require proof of ID upon delivery.

6. Returns Policy

6.1. This returns policy applies to all Consumers, but does not apply to faulty products or to such other excluded products as further detailed in section ‎8 below (“Limitation On Returns Policy, Withdrawal Rights And Cancellation Rights”).

6.2. In addition to your statutory rights, unwanted Products may be returned for a refund if they are returned unused and in their original condition. Nelsonhewitt offers a full refund (excluding delivery costs) on any items in relation to which a return was raised (in accordance with Returns & Refunds) within 14 days from the day after the date you received the Order, and returned within 14 days thereafter (unless otherwise required by applicable law).

6.3. Instructions for Return – if you wish to return one or more Products purchased pursuant to these Terms, the following instructions apply:

6.3.1. You must inform Nelsonhewitt of your decision to return the Product by visiting the returns portal and follow the instructions provided, including providing proof of purchase (your Order identification number and the email address used for the Order), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If you have any issues accessing the returns portal please contact Nelsonhewitt Customer Service. For your convenience, 

6.3.2. A return Product authorization ("RMA") number will be provided to you (through the returns portal and via e-mail) and a return shipment label will be generated.

6.3.3. Once you have initiated your return on the returns portal, promptly send back the returned items in accordance with the instructions provided to you in the return portal. You must return the items no later than 14 days from the day on which you initiated the return using one of the delivery methods set out in this section. The RMA number must be included with the return package. Unless otherwise specifically stated, items must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents. All returns are inspected upon return and will be subject to strict quality control checks. If through your handling the Product(s) have decreased in value, we may refuse the refund or deduct the amount of such loss from the amount to be reimbursed to you.

6.3.4. Upon receipt of the returned item, subject to confirmation that it has been returned in accordance with the returns process, you will be reimbursed for the actual price paid for the returned item (less any deductions). Your refund will be processed as soon as possible, however, please note that, depending on your bank/card issuer, it may take up to 10 working days for your refund to appear in your account (unless your bank has a different time frame as set forth in your bank/card issuer terms).

6.4. For Click and Collect orders, you can also return your unwanted items to any Click and Collect location.

6.5. Refunds on purchases made on an event day or with other promotional discount will be calculated at the reduced price. Where a complimentary gift has been issued with a purchase, the gift must also be returned.

6.6. Purchases made during Nelsonhewitt’s Christmas period may be subject to different returns policies.

6.7. While Nelsonhewitt offers free returns for all orders, the original delivery cost will not be included in your refund. Please note if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. 

6,8. Title and risk to the returned items will not transfer back until such items have physically arrived back with Nelsonhewitt, and therefore if you choose to return your item by post (not using Nelsonhewitt’ preferred returns carrier) you are advised to use a courier service offering tracked service, and to have adequate insurance to cover the cost of the goods in transit, as neither Nelsonhewitt nor Shopify will be liable for such goods. If you are returning your Product by post or courier service, please include your personal details and the best way for Nelsonhewitt to get in touch with you; otherwise it will not be possible to process your refund.

6.9. Unless expressly agreed otherwise, reimbursement for returned goods will be made using the same means of payment as you used for the initial transaction.

6.10. Nelsonhewitt monitors the number of returns being made by customers. Continued, or high numbers of returns within a short period, may be deemed by Nelsonhewitt (in its sole discretion) to be evidence of a breach of these Terms.

6.11. This returns policy may be changed from time to time at Nelsonhewitt or Shopify’s discretion.

6.12. This returns policy is in addition to, and does not affect, the separate legal cancellation right which is available only to EEA Consumers and withdrawal right which is available to UK Consumers, in some circumstances as explained below. For special provisions regarding Consumer Withdrawal Rights (European Economic Area only) or Consumer Cancellation Rights (UK only) – please refer to section 20 below.

7. Limitation On Returns Policy, Withdrawal Rights And Cancellation Rights

7.1. To the fullest extent permitted by law and notwithstanding anything to the contrary in these Terms, certain types of product (unless faulty) are not eligible for cancellation, withdraw or returns, including:

7.1.1. products that are personalised, bespoke, altered or otherwise made to your specification;

7.1.2. perishable goods (including food and beverages, and some hampers);

7.1.3. beauty products, fragrances and pharmaceutical products;

7.1.4. certain accessories (hosiery and pierced earrings);

7.1.5. underwear, nightwear and swimwear, unless the protective adhesive strip is still in place and the item is in a saleable condition;

7.1.6. mattresses, divans (where they come as part of a set with a mattress), duvets, mattress toppers/protectors or pillows;

7.1.7. pharmaceutical products; and

7.1.8. any other products designated as non-refundable at the time of purchase.

7.2. Only the buyer will be entitled to any rights of return, cancellation or withdrawal (as applicable) and a refund of applicable monies. In no event will a person who has received the Order as a gift be entitled to receive a refund.

7.3. This section 7 does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.

8. Liability

8.1. There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms limits Shopify’s or Nelsonhewitt liability for personal injury or death caused by Shopify’s or Nelsonhewitt’s negligence or the negligence of its respective employees, agents or subcontractors, or liability for Shopify’s or Nelsonhewitt’s fraud. You might have certain non-excludable rights under the consumer legislation applying in the country in which your Order was delivered which explicitly prevails over the governing law of these Terms, including legal rights relating to faulty product(s). Nothing in these Terms will affect these explicitly prevailing non-excludable legal rights.

8.2. SUBJECT TO CLAUSE 16.1, IN NO EVENT WILL SHOPIFY OR NELSONHEWITT HAVE ANY LIABILITY FOR ANY OF YOUR LOSSES, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, HOWSOEVER CAUSED INCLUDING ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THESE TERMS. ANY LIABILITY, IF SO EXISTS, SHALL NOT EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND SHOPIFY OR NELSONHEWITT (AS APPLICABLE) AT THE TIME YOUR ORDER IS ACCEPTED. THE LIABILITY OF SHOPIFY OR NELSONHEWITT TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THESE TERMS WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.

8.3. SHOPIFY AND NELSONHEWITT WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR PAYMENT CARD ON THE CHECKOUT, AND NEITHER SHOPIFY NOR NELSONHEWITT ARE RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN THESE INSTANCES.

8.4. Subject to clause 8.1, neither Shopify nor Nelsonhewitt will be held liable for any allergic reactions in relation to the use or consumption of Products. For specific information about ingredients and allergies in any of our food Products, please refer to the specific product page or contact our Customer Service team.

8.5. You must give Shopify and/or Nelsonhewitt (as applicable) a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.

9. Intellectual Property Rights

The Website and all intellectual property rights in it, including but not limited to any content, are owned or licensed by Arktemis Limited, t/a Nelsonhewitt.co.uk. Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. Any access or use of the checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the checkout or the Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

10. Governing Law And Disputes

10.1. These Terms are governed by the laws of England and Wales.

10.2. When a specific applicable law (namely specific consumer laws in your country), explicitly prevails the laws of England and Wales then, with respect to the prevailing subject matter, the governing law of such matter will be that specific law.

10.3. To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the English courts.

10.4. Alternative dispute resolution (“ADR”) is a process where an independent body considers the facts of a dispute and produces a written determination which is binding on Nelsonhewitt, meaning that you do not need to go to court in relation to the handling of a dispute with Nelsonhewitt. The ADR scheme is free for consumers to use. If you are not happy with how Nelsonhewitt has handled any complaint, you may want to contact the Government approved ADR provider used by Nelsonhewitt, RetailADR. You can submit a complaint to RetailADR by visiting https://support.cdrl.org.uk and completing the online support form. You may also submit your complaint in writing (at RetailADR, 12–14 Walker Avenue, Wolverton Mill, Milton Keynes MK12 5TW), by email (enquiries@cdrl.org.uk) or by phone (+44 (0)20 3540 8063).

11. Miscellaneous

11.1. All communications will be made in the English language and electronically by sending email or otherwise posting electronically.

11.2. Shopify is committed to carrying on its business in accordance with its Code of Conduct and Modern Slavery Policy.

11.3. Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later).

11.4. Headings used in these Terms are for information and are not binding.

11.5. These Terms, or any part thereof, may be assigned by Shopify or Nelsonhewitt to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.

11.6. Shopify and Nelsonhewitt reserve the right to process and (where required) disclose any information obtained in connection with the Order, and your use of the checkout, as is deemed necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) support Nelsonhewitt in responding to your requests; or (v) protect and fulfil Shopify’s and Nelsonhewitt’ legitimate interests.

11.7. The Website and/or checkout may contain links to third party websites or services that are not owned or controlled by Shopify. Shopify is not affiliated with, has no control over, and assumes no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release Shopify and Nelsonhewitt from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

11.8. Shopify and/or Nelsonhewitt reserves the right to modify these Terms at any time by posting the changes on the checkout or the Website. Such change will take effect on the posting date of the revised Terms, and your use of the checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.

11.9. These Terms constitute the entire agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Shopify or its intra-group affiliate acting on Shopify’s behalf.

11.10. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it shall be deemed severable and the remaining provisions of the Terms shall remain in full force and effect. If any provision is deemed unenforceable due to being too broad or for any other reason, you agree to substitute a lawful provision that gives effect to the original intent of the parties as closely as possible.

11.11. If you have any questions or complaints about Shopify, please contact Shopify at help.shopify.com/en. If you have any questions relating to Nelsonhewitt, these Terms, the Website, the checkout, your Order or the Products, or anything else, please contact Nelsonhewitt Customer Service.