Please read these terms and conditions carefully. By using nicolretailer.com or submitting an order (and any subsequent orders) on nicolretailer.com (the “Website”) you are agreeing to the terms and conditions that appear below.
These terms & conditions were most recently updated on 2 October 2022 and apply to sales to consumers.
If you are a business, then different Terms & Conditions will apply to you. Please call our Customer Hub on 01733 602488 to change your registration. If it appears to us that you are a business, then we may automatically change your registration to a business account and our Purchase Terms & Conditions (Business) will apply to your purchases from us. We will advise you by email of any such change we make to your registration.
A. GENERAL TERMS
1 APPLICATION OF TERMS
1.1 The Website is operated by Nicol Retailer Limited ( “we”, “us” or “our”). By using the Website, you are bound by these terms & conditions (the “Nicol Retailer Limited” Terms). All use and purchases made on the Website are governed by the Nicol Retailer Limited Terms and the Nicol Retailer Limited Terms governing any given use or purchase will be those in effect at the date of your order or specific use. We reserve the right to amend and vary any part of the Nicol Retailer Limited Terms from time to time. If you use the Website or purchase products after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Nicol Retailer Limited Terms applicable to your use or purchase.
2 PLACING AN ORDER
2.1 You must be 18 years old or over and must have completed the registration process in order to place an order. The registration process will require you to provide some compulsory personal information which will be processed in accordance with our Privacy Notice available here.
2.2 You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects.
2.3 When you create an account with us, you will be provided with login details and asked to use passwords and other means that allow you to access the Website (together your “Login Details”). It is your responsibility to maintain the security and confidentiality of your Login Details and ensure the Login Details meet any minimum-security requirements set by us. We will not be liable to you or any other person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. Should you become aware of or suspect any unauthorised use of Login Details, please contact us.
2.4 You are entirely responsible for all activity on your account, including all orders that are placed from your account.
2.5 We reserve the right to terminate or suspend your account at our sole discretion immediately on giving you notice. We further reserve the right to decline any new customer or suspend or terminate your access to any services that we provide.
2.7 Without prejudice to the generality of clause 2.5, if we suspect fraud, unauthorised activity or any breach of the Nicol Retailer Limited Terms, we may suspend your account.
3 ACCEPTANCE OF YOUR ORDER AND PURCHASE CONTRACT
3.1 Confirmation of your order will occur by us contacting you by sending a confirmation email to the email address you have provided to us.
3.2 Please note that the Order Confirmation does not constitute our acceptance of your order. We may not be able to accept your order, or part of your order, due to one of the following reasons:
- authorisation of your payment failed
- we made a pricing or product description error (see clause 4 below)
- you’re not eligible to order from Nicol Retailer Limited
If there are any problems with an order, you’ll be contacted by one of our Customer Services Advisors.
3.3 Acceptance of your order and formation of the contract will take place when we despatch your order to you.
3.4 Products are subject to availability and prevailing market conditions. We may limit the quantities of products supplied to you from time to time if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any products you order, we may offer a reasonable substitute by contacting you by email or telephone with the product substitute and let us know whether you accept or decline the substitution.
4 PRICE
4.1 It is possible that on rare occasions some of the products listed on our Website may be incorrectly priced. If a product’s correct price is higher than the price stated on our Website, we will normally reject your order for that product and notify you of such rejection. Prior to us dispatching your order, we are under no obligation to provide the product to you at the incorrect (lower), even after we have sent you an Order Confirmation.
4.2 The prices stated on the Website will be inclusive of any VAT payable.
5 METHODS OF PAYMENT
5.1 Payment may be made by debit, credit or charge card and some business account cards, as well as via PayPal. The debit, credit and charge cards accepted by us are those listed on the Website on the date on which your order is placed.
5.2 We also accept payment by Nicol Retailer Limited vouchers. No other vouchers or “money off” coupons will be accepted towards payment of an order unless specified otherwise on the Website. Any refunds arising from an order paid for by vouchers shall be given in Nicol Retailer Limited vouchers.
6 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
6.1 Subject to our compliance with applicable laws, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
6.2 We reserve the right to offer, in our complete discretion, different customers different special offers, promotions and the ability to enter different competitions.
7 RETURNS AND CANCELLATION RIGHTS
7.1 We advise that you inspect all products at the time of delivery and notify us of any defects promptly after delivery. If you change your mind about an order and want to cancel it, it is not a problem. Normally your rights mean you can cancel anytime up to 14 days after receiving your order by following procedures here.
Please note, orders are normally processed immediately after they’ve been placed, so we may have already packed your order and made arrangements for it to be sent when you cancel it. If this is the case then we can’t always stop the order from being delivered: once you receive the order, just return it to us by following the procedures here.
7.2 We ask that items are returned to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the products, unless you are certain that you intend to keep the products. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of any such item to you.
7.3 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of the Nicol Retailer Limited Terms or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address.
7.4 We will credit your payment card with the price that you paid for such goods within 14 days from the date you returned the products to us (provided payment has already been debited from your payment card). We reserve the right to make an appropriate deduction from the refund if any product has diminished in value due to it having been handled beyond what is necessary to establish its nature, characteristics and function.
7.5 Except in the event of defective products, you will be responsible for the cost of return postage. You will also be responsible for the risk of loss and damage in transit and you are advised to obtain appropriate evidence of posting and use a reliable mailing/courier service for the return.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Nicol Retailer Limited Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
8.2 We will not be liable, whether in contract, tort (including, without limitation, negligence), representations (other than fraudulent on negligent misrepresentations), under statute or otherwise arising out of or in connection with these Nicol Retailer Limited Terms for any:
special, indirect or consequential loss or damage; and/or
8.2.1. loss of profits; and/or
8.2.2. loss of revenue; and/or
8.2.3. loss of privacy or data; and/or
8.2.4. loss of goodwill or reputation; and/or
8.2.5 loss of business or anticipated saving; and/or
8.2.6. loss or damage caused by any reliance you had in having the products delivered to you or arising out of our supply or failure to supply the products to you.
8.3 The products are sold to you on the basis that you are a customer therefore we will not be liable for any special losses that you might suffer using, re-distributing or reselling the products as part of a business.
8.4 We will not be liable (whether in breach of contract, tort, negligence, misrepresentation or otherwise) as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems, travel restrictions, pandemics, epidemics, spread of illness, lockdowns or other government controls and restrictions.
8.5 Other than as set out in clause 11.1 above, our maximum liability arising out of any order for the supply of products to you under this contract will be limited to the retail price of the products contained in that order and the cost of delivery.
9 PRIVACY
9.1 Our privacy notice is incorporated into these Nicol Retailer Limited Terms. Please click here for further details.
9.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
9.3 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless we have a lawful basis to do so.
10 RATINGS AND REVIEWS
10.1 When submitting a product review on the Website, you warrant that:
10.1.1 you are the sole author and owner of any intellectual property linked to the review;
10.1.2 the content of the review is accurate and not false or misleading;
10.1.3 you have voluntarily waived any moral rights that you may have in the content of the review; and
10.1.4 the use of the content of the review will not breach any of the Nicol Retailer Limited Terms, or cause harm to any person or entity.
10.2 You undertake to us that you will not submit content:
10.2.1 that is defamatory, obscene, libellous, religiously or racially biased, hateful or unlawfully threatening, harassing to any person or entity or is otherwise objectionable;
10.2.2 that infringes any third party rights, including any copyright, patents, trademarks, publicity or privacy rights or other intellectual property rights or other rights;
10.2.4 that includes references to any other websites, addresses, emails addresses, contact information or telephone numbers or in any other way, directly or indirectly, contains any information that does not relate to the product itself (e.g., reference to competing products or other irrelevant references);
10.2.5 that contains viruses, worms or other potentially damaging computer programs or files;
10.2.6 that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
10.2.7 that would constitute, encourage, promote or provide instructions for conduct of an illegal activity, criminal offence or civil liability.
10.3 You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of the above undertakings.
10.4 We may want to share the content submitted with third parties, including for use on third party websites. Where this is the case, we will write to you and ask for your consent to do this.
10.5 We, at our sole discretion, may remove or refuse to publish submitted content for any reason. We will not be held responsible for any submitted content or content not published.
10.6 You have the right to access and the right to request erasure of your review. We do not amend reviews. Any published review which is found to be inaccurate or requires rectification, will be removed.
10.7 For any content submitted, you grant us a revocable, royalty-free, transferable right and license to use, copy, delete in its entirety, publish, translate, create derivative works from and/or distribute the content and/or incorporate such content into any form, medium or technology, throughout the world without compensation to you subject to your data subject rights detailed in clause 10.6.
10.8 Nicol Retailer Limited, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees are not under any obligation of confidence in relation to the content you submit.
10.9 By submitting a product review, you agree that we may use your email address to contact you about the submitted content, for administrative purposes or to request your consent as detailed in clause 10.4.
10.10 If you see a review on the Website which you are concerned about, for example, if you believe it breaches this clause 14, then you can notify us using contact us form
11 GENERAL
11.1 We reserve the right to make any changes and additions to these Nicol Retailer Limited Terms at any time in accordance with clause 1.
11.2 If any of these Nicol Retailer Limited Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Nicol Retailer Limited Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
11.3 These Nicol Retailer Limited Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter or formation will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
11.4 If we delay in taking steps against you as a result of you breaching these Nicol Retailer Limited Terms, it will not prevent us taking steps against you at a later date.
11.5 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through the Website, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material, data and content on the Website without our prior written permission. We may impose a fee on any proposed use of the material data and content contained on its Website, other than for placing orders through the nicolretailer.com Website.
11.6 Notwithstanding the ongoing relationship between Nicol Retailer Limited and any of our commercial partners from time to time, and the historical use of certain slogans, the businesses do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.
11.7 The registered company address for Nicol Retailer Limited:
Nicol Retailer Limited
15 -16 Dodson Way
Fengate
Peterborough
PE1 5XJ
Telephone: 01733602488
Place of Registration: Peterborough
Company Registration Number: 13556691
UK VAT Registration: GB388 7055 48
