Terms and conditions
Welcome to Their Nibs London. Their Nibs London and its affiliates provide access to the Their Nibs London Web site (the "Web site") and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the Their Nibs London Web site. By using the Their Nibs London Web site, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Their Nibs London service, you will also be subject to the guidelines and conditions applicable to that service.
Conditions Relating to Your Use of the Web site
1. Your Account
If you use the Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the Web site.
Their Nibs reserves the right to refuse access to the Web site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Privacy Notice, which also governs your visit to the Their Nibs London Web site, to understand our practices.
3. Access to Their Nibs London
We will do our utmost to ensure that availability of the Web site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Web site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for Web site access
Their Nibs London grants you a limited licence to access and make personal use of this Web site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Their Nibs London. This licence does not include any resale or commercial use of this Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Their Nibs London and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Their Nibs London's or its affiliates' names or trademarks without the express written consent of Their Nibs. Any unauthorised use terminates the permission or license granted by Their Nibs London.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Their Nibs London as long as the link does not portray Their Nibs London, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Their Nibs Londons logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the Web site in any way that causes, or is likely to cause, the Web site or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Their Nibs London, are responsible for all electronic communications and content sent from your computer to us and you must use the Web site for lawful purposes only.
You must not use the Web site for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
6. Comments, communications and other content
Users of this Web site may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Their Nibs reserves the right (but not the obligation) to remove or edit any content.
If you do submit material, and unless we indicate otherwise, you grant Their Nibs London and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Their Nibs London and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Their Nibs London, including the execution of deeds and documents, at the request of Their Nibs London.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Their Nibs: London (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Their Nibs London policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Their Nibs London and its affiliates for all claims brought by a third party against Their Nibs London or its affiliates arising out of or in connection with a breach of any of these warranties.
7.Copyright and database rights
All content included on the Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Their Nibs London, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this Web site is the exclusive property of Their Nibs London and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this Web site is the property of Their Nibs London , our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the Web site without Their Nibs London's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Web site, without Their Nibs London's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this Web site without Their Nibs London's express written consent.
Their Nibs London, Her Nibs and Little Nibs are trademarks or registered trademarks of Their Nibs Ltd. Their Nibs London's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Their Nibs London. Their Nibs London rademarks and trade dress may not be used in connection with any product or service that is not Their Nibs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Their Nibs London. All other trademarks not owned by Their Nibs London that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Their Nibs.
Conditions Relating to the Sale of Products to You
9. Our contract
When you place an order to purchase a product from Their Nibs, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email"). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.
Please review our Returns Policy, which applies to products purchased from us. In addition to your 30-day "No Quibbles" returns right, you are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided to you in the dispatch confirmation email and in the Returns Policy.
11. Pricing and availability
We endeavour to maintain the Web site in such a way so that all products which are shown are available. However we cannot guarantee that an item will always be available if it is displayed on the Web site as being for sale. There maybe occasions where an item is shown as being for sale but has in the meantime become unavailable. If you have ordered any item or items and been charged for it, if it subsequently turns out that this item is unavailable then you will receive a full refund for that item or items as well as the costs associated with that item or items such as postage and packaging. If an item becomes temporarily out of stock after you have ordered an item you will be informed of the length of time that it is likely to take before such an item or items become available to be able fulfil your order. If this length of time is unacceptable to you, you will be entitled to receive a full refund for that item or items as well as the costs associated with that item or items such as postage and packaging and VAT. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Despite our best efforts, a small number of products in our catalogue maybe mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
For more details, please review our Pricing and Availability policy which applies to products ordered from us.
When ordering goods from Their Nibs London for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Their Nibs, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs Information.
13. Free Shipping Conditions
If part of your order is either cancelled or returned and the total cost of items ordered remains at or above the amount at which you are eligible for free shipping at the time of your order, postage and packing will still be free. If the total cost drops below the qualifying amount, the normal delivery fee will be charged and be reflected in any refunded amount. These terms will not apply if any returned item is either faulty or sent in error and we are unable to supply a replacement.
Conditions Relating to Both Your Use of the Web site and Sales to You
Their Nibs London does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Their Nibs London only with the involvement of a parent or guardian.
15. Other businesses
We provide links to the Web sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their Web sites. Their Nibs London does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties. You should carefully review their privacy statements and other conditions of use.
16. Electronic communications
When you visit Their Nibs London or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Their Nibs London will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Web site, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Web site or when a contract for the sale of goods by us to you was formed. Their Nibs does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
18. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Web site, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the Web site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.