Terms & Conditions

These terms and conditions govern your use of our website and the terms by which we supply our work to you. Please read these terms and conditions in full before you use this website. Your continued use of this website confirms your acceptance of these terms. If you do not accept these terms and conditions, please do not use this website.

INFORMATION ABOUT US

We are Nigel Tyas Limited, a company registered in England and Wales under company number 5256439. Our registered office is Bullhouse Mill, Lee Lane, Millhouse Green, Sheffield. S36 9NN. Our VAT number is GB 829 8654 72. 'Nigel Tyas' is a registered trademark of Nigel Tyas Limited. All rights reserved. We operate the websites www.nigeltyas.co.uk and www.nigeltyasonline.co.uk.

DEFINITIONS

‘Conditions’ means the terms and conditions set out below and any special terms and conditions agreed in writing.
References in these Conditions to ‘Nigel Tyas’, ‘Nigel Tyas Ironwork’, ‘we’, ‘us’ or ‘our’, refer to Nigel Tyas Limited.
References to ‘you’ or ‘the buyer’ refer to the user of the Website or the buyer of the Products as applicable.
References to ‘Website’ refers to the website located at www.nigeltyas.co.uk.
‘Product’ means the goods supplied by Nigel Tyas Limited to the buyer.

Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

The headings in these conditions are for convenience only and will not affect their interpretation.

If you have any questions relating to these terms and conditions please contact our customer services team by email at sales@nigeltyas.co.uk or by telephone on +44 (0)1266 766618.

USE OF OUR WEBSITE

Nigel Tyas Limited reserves the right, at any time, to modify, alter or update these terms of use and you agree to be bound by such modifications, alterations or updates on subsequent visits to the website.

This website may be used for your own private purposes and in accordance with these terms and conditions.

You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

All information on this site is presented in good faith. We are continually adding to our range and reserve the right to alter specifications, finishes and prices as necessary without prior notice.

Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate or up-to-date.

All material contained on this website is provided without any warranty of any kind. You use the material on this website at your own discretion.

We do not accept liability for any loss or damage that you suffer as a result of using this website.

Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

Where possible we always try to give advance warning of maintenance issues that may result in website downtime but we shall not be obliged to provide such notice.

When using this website you shall not post or send to or from this website any material :

• for which you have not obtained all necessary consents;
• that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
• which is harmful in nature, including and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the above.

Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

• you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
• you do not misrepresent your relationship with this website;
• the website from which you link to this website does not contain offensive or otherwise controversial content or content that infringes any intellectual property rights or other rights of a third party.

By linking to this website in breach of the above, you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

PURCHASE OF PRODUCTS

TERMS OF SALE

This page tells you the terms and conditions on which we supply any of the Products listed on our websites to you. Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

YOUR STATUS

By placing an order through our site, you warrant that:

• you are legally capable of entering into binding contracts;
• you are purchasing the Products outside the course of your normal business or trade and not for resale

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, you will receive an email from us to confirm that your order has been accepted (Order Confirmation) along with an estimated timescale for delivery of your order. You will receive a further email or telephone call to confirm that the Order is ready for despatch (Despatch Confirmation) and payment. The contract between us will only be formed when we receive full payment for your order. The Contract will relate only to those Products whose despatch we have confirmed by taking payment. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation or telephone call.

ACCEPTANCE OF YOUR ORDER

We do not have to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:

• your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment system;
• payment has been made using a card not issued in a country we despatch to, or not where the billing address is;
• there is an error on the website regarding the price or description of a product;
• the items ordered are no longer in production;
• we have tried contacting you about your order and have not heard back within a reasonable period of time;
• the items you have ordered are unavailable for any other reason - you will be notified of this as soon as possible.

By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment is to be made.

ORDERS

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing the Website.

DELIVERY POLICY AND COST

For orders with a value below £400 standard mainland UK carriage is £5.

For orders with a value exceeding £400 standard mainland UK carriage is free of charge.

If you would like to return any goods you will be liable for the cost of return delivery. We will normally refund any delivery charge that you have paid when a product is found to have been damaged, faulty or incorrect due to our fault, but not otherwise.

TO CHANGE OR CANCEL YOUR ORDER

If your order has not been despatched, you can change or cancel your order by emailing us at sales@nigeltyas.co.uk or by telephoning us on +44 (0) 1226 766618.

Once you have received a Despatch Confirmation (an email confirming despatch) we are unable to change your order.

STANDARD DELIVERY

Standard UK carriage covers weekday deliveries and is normally by next day carrier ... usually Parcelforce or TNT. For small items we use ‘Royal Mail First Class Recorded’ or ‘Special Delivery’. Please note that due to the value of your order, a signature will be required.

Saturday deliveries and a ‘before 9:30am’ or ‘before 12 noon’ service can sometimes be provided at additional cost – please email sales@nigeltyas.co.uk for details.

Please note that delivery to some remote mainland areas may incur a surcharge to cover the additional costs charged to us. These will be advised at the time of ordering.

Parcels normally require a signature so if it helps we can deliver to a work address or to a neighbour - just let us know what is easiest for you!

It is the buyer’s responsibility to ensure that a suitable person will be available to take delivery once a delivery date has been agreed. It is also the buyer’s responsibility to ensure that there is adequate access to the premises where the product is to be delivered. If either the buyer or someone on the buyers behalf is not available to take delivery, or if as a result of inadequate access for any reason we are unable to deliver the product, the buyer may be required to pay a further delivery charge before any further attempt to deliver the product is made. We reserve the right to retain all delivery charges once a delivery date has been accepted.

We will always do our best to ensure that your order arrives on the stated day but occasionally there may be factors beyond our control which prevent this. As a small company we are reliant on third party carrier companies and whilst we are very selective about who we entrust our work to, occasionally things do not go according to plan. Fortunately these instances are rare but we recommend that you do not employ specialist installers until delivery has been made and your order checked for damage during transit. Regrettably we cannot take responsibility for third party contractor costs.

We take great care over packing our Products in order to protect them during transit. It is your responsibility to inspect the package for visible signs of damage upon receipt and also to check that the correct number of packages has been delivered. If you have any concerns over the condition of any of the parcels delivered please ensure that you note this on the delivery receipt at the time of signing. In the event of any visible damage to the packaging it would also be helpful if you could send us a picture by email if this is possible.

We also ask that you inspect the product as soon as reasonably possible after delivery and notify us of any problems before fixing or installation.

REFUNDS, RETURNS AND EXCHANGES

We do appreciate that it can be difficult to buy items that are unseen and we are happy to exchange or provide a full refund (less carriage costs) on our standard product range.

If you are interested in placing a larger order for wall lights in particular and are unsure about which design to choose, we are more than happy to send out a single light as a sample so that you can see it first. If you decide that it is not suitable, just send it back to us in its original condition and original packaging and we will refund the cost in full less the carriage costs.

We ask that you inspect the product as soon as reasonably possible after delivery and notify us of any problems before fixing or installation. Unless specifically arranged with us beforehand, the buyer must notify us within two working days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with a description or sample. The buyer must allow us an opportunity to inspect the product within a reasonable time after delivery and before you make any use of the product. If you fail to comply with these provisions the product will be conclusively presumed to be in accordance with the agreement between Nigel Tyas Ironwork and the buyer and free from any defect or damage which would be apparent on a reasonable examination of the product and you will be deemed to have accepted the product.

If you return a Product to us because you consider it to be defective, we will examine the returned Product and will notify you of any refund by telephone or via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 7 days of the day we confirmed to you via email that you were entitled to a refund.

Unsuitable items should be returned to us in perfect, unused condition with the original packaging within 14 days. You must contact us before returning items so that we can advise on the most cost-effective way for them to be returned.

Please contact us by email at sales@nigeltyas.co.uk or by telephone on +44 (0)1226 766618.

We can arrange collection of larger items but for small items please ensure that the package is insured to the full value of its contents as we cannot take responsibility for items that are lost or damaged in the post.

You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

We will refund the order or relevant part of it (less the original delivery charge to you, if the whole order is returned within 14 days from the day after the day of delivery to you) as soon as possible and in any case within 7 days of receiving the goods back.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase. The above does not affect your statutory rights, including your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in which you have the right to cancel your order within 14 working days, beginning on the day after you received the Products.

Return items should be sent to: Nigel Tyas ironwork, Bullhouse Mill, Lee Lane, Millhouse Green, Sheffield, South Yorkshire, S36 9NN.

PRODUCT AVAILABILITY

All of our work is handmade to order in our Bullhouse Mill workshop and as such we aim to deliver within 14 days at most from the date that you place the order. Smaller orders can often be ready to leave the workshop within a couple of working days. We will advise an estimated delivery date at the time of ordering. If you are working to a specific deadline, please tell us and we will do our best to fit in with your schedule.

CONFORMITY OF THE PRODUCTS

We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all of the purposes for which products of that kind are commonly supplied.

Every care has been taken to ensure that the descriptions and specifications of our Products on this website are correct.

All Products are individually handcrafted using traditional methods and as such size, form and finish may vary slightly.

Whilst we endeavour to show all colours as accurately as possible, please note that both print and web image colours will vary from the finished product for various reasons including bulb type used, lighting and decor. Also please note that different computer monitors do not display colours consistently.

At present all of our work is designed for interior use only.

All of our Products are supplied with fixings and fitting instructions. We supply screws and plugs suitable for general fixing but you may find that there are some situations which require more specialist fixings.

Unless stated otherwise, all dimensions are shown in millimetres.

PRICE AND PAYMENT

The price of the Products and our delivery charges will be as quoted on our website except in cases of obvious error.

If you are ordering from the UK or European Union all prices are shown in sterling and include Value Added Tax at the rate of 20% and 0% VAT on gift vouchers.

Product prices and delivery charges are liable to change at any time, but changes will not affect orders for which we have already sent an Order Confirmation or Despatch Confirmation.

PRICING ERRORS

Despite our best efforts, items on our website may occasionally be mispriced. We verify prices as part of our despatch procedures and if an item’s correct price is different to that shown online, we will contact you for instructions before despatch. We cannot confirm the price until you order.

HOW TO PAY FOR YOUR ORDER

Payment for all Products must be by credit or debit card. We accept payment with most major credit and debit cards. We do not accept payment by cheque.

If you prefer not to send your card details over the Internet, you may complete your order by contacting us directly by telephone on +44 (0) 1226 766618.

COMPLAINTS

We take all complaints very seriously. In the event of you having a complaint or problem with any aspect of our service or the Products we offer, please telephone us on +44 (0) 1226 766618, send an email to us at sales@nigeltyas.co.uk or write to us at Nigel Tyas Ironwork, Bullhouse Mill, Lee Lane, Millhouse Green, Sheffield, S36 9NN.

Wherever possible all complaints will be acknowledged within 1 working day and will be resolved as soon as possible. We will always keep you informed throughout the process of resolving your complaint and we will keep the details of your complaint confidential.

We always welcome feedback from our customers and are continually looking at ways to improve our service.

Our Customer Service representatives are available by telephone between 9:00am and 5.00pm Monday to Friday or by email at sales@nigeltyas.co.uk.

We will respond to emails on the same day if possible or the next available working day.

GENERAL TERMS & CONDITIONS

RISK AND TITLE

The Products will be your responsibility from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to us at: Nigel Tyas Ironwork, Bullhouse Mill, Lee Lane, Millhouse Green, Sheffield, S36 9NN or by email to sales@nigeltyas.co.uk. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, change or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, change, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

Our liability to the buyer whether for breach of contract or otherwise shall not in any event exceed the price of the product and we will have no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the buyer or any liability to third parties incurred by the buyer.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or those terms and conditions before we send you the Order / Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

THIRD PARTY RIGHTS

A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.


01226 766618 . sales@nigeltyas.co.uk

Nigel Tyas ironwork - Designers of wrought iron lighting curtain poles & fire irons - inspired by the creative & rural heritage of Yorkshire - Established in 2000.

Registered Office - Bullhouse Mill, Lee Lane, Millhouse Green, Sheffield, South Yorkshire, S36 9NN - Company Number 5256439 - © NIGEL TYAS 2016
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