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Conditions of Use

Terms and Conditions.

1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from
the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms
Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase
of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means nite2remember.co.uk of 66 Balnagask Road , Torry , Aberdeen , AB11 8RE
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by the Seller.

2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer`s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller
to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer`s
acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions
agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods
pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The
Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be
notified and given the option to either wait until the Goods are available from stock or cancel
the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to
complete the order process are described in the Order Process section within the website.

4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller`s Website. The Price is
inclusive of VAT. The Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the
Buyer`s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and
price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of
the Goods.

5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the
Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for
refusing to process an order.

6 AGE OF CONSENT
6.1 By placing an order at Nite2Remember, you declare that you are at least 18 years of
age. By entering and viewing this website you also must be at least 18 years of age.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller
shall be entitled to cancel the order immediately, without notice.

7 WARRANTY
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the
description given by the Seller. Except where the Buyer is dealing as a Consumer, all other
warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of
the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer
is satisfied as to the suitability of the Goods for the Buyer`s purpose.
7.2 All goods sold through this site are sold as is. The vendor Nite2Remember cannot be
held responsible for any injury caused by improper use.

8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 5 working days of receipt of
order.
8.2 Goods supplied outside the UK will normally be delivered within 5 working days of receipt
of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be
met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive
a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any
event time of delivery shall not be of the essence and the Seller shall not be liable for any
losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or
indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer`s address specified in the order and the
Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are
tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller
within 7 working days of delivery if the Goods are damaged or do not comply with any of the
Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to
the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return
postal charges if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the
Contract and receive a refund by informing the Seller within 7 working days of receipt of the
Goods.
9.4 Goods must be returned by the Buyer at the Buyer`s expense and should be adequately
insured during the return journey. The Buyer will receive a refund of all monies paid for the
Goods (including delivery charges, if any) except for return postal charges within 7 days of
cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be
entitled to deduct the cost of recovering the Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the
package.
9.6 Where returned Goods are found to be damaged due to the Buyer`s fault the Buyer will be
liable for the cost of remedying such damage.

10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event
of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be
limited to damages which shall in no circumstances exceed the Price of the Goods and the
Seller shall under no circumstances be liable for any indirect, incidental or consequential loss
or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for
death or personal injury resulting from the negligence of the Seller or that of the Seller`s
agents or employees.

11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this
contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its reasonable control, including but
not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or
machinery or shortage or unavailability of raw materials from a natural source of supply, and
the Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. This right shall not
affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law
of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the UK courts.

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