Terms of Use
Welcome to the Nicomm.co.uk Internet Site ("Site") on the World Wide Web. Please review these Site Terms of Use and Terms & Conditions of Sale, which govern your use and purchase of products from our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site.
The owner of this web site is UK DIRECT LIMITED whose address is UK DIRECT LIMITED, GRIFFIN COURT, 201 CHAPEL STREET, MANCHESTER, M3 5EQ, ENGLAND. The company registration number is 5652829. The trading name of UK DIRECT LTD is NICOMM™, operating via the NICOMM.CO.UK web site.
Nicomm.co.uk controls and operates this Site from its offices within the United Kingdom. The laws of England and Wales govern claims relating to, including the use of, this Site and the materials contained herein. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
The terms and conditions listed below are for business customers. We do not have consumer terms and conditions, as these are determined by specific legislation, the Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, and the Unfair Contract Terms Act 1977.
Site Contents, Ownership and Use Restrictions
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks or other intellectual property owned, controlled, or licenced (all of which, collectively, are herein referred to as the "Contents") by UK DIRECT LTD & Nicomm.co.uk, its parent company, subsidiaries and affiliates or are the property of their respective owners. The name Nicomm and the Nicomm.co.uk logo are registered trademarks of UK DIRECT LTD.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
- 1. Placing an order with UK DIRECT LTD & Nicomm.co.uk - or -
- 2. Using this Site as a shopping resource provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of UK DIRECT LTD & Nicomm.co.uk or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of UK DIRECT LTD & Nicomm.co.uk, is strictly prohibited.
Disclaimer of Warranty
UK DIRECT LTD & Nicomm.co.uk is providing this Site and its Contents on an "as seen" basis and makes no representations or warranties of any kind, either express or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement. Although UK DIRECT LTD & Nicomm.co.uk believes the Content to be accurate, complete, and current, UK DIRECT LTD & Nicomm.co.uk does not represent or warrant that the information accessible on this Site is accurate, complete, or current. Price and availability information is subject to change without notice.
Disclaimer of Liability
In no event shall UK DIRECT LTD & Nicomm.co.uk be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to, loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions, all arising out of or in connection with the use, copying, or display of the Contents of this Site. In an effort to provide our customers with the most current information, UK DIRECT LTD & Nicomm.co.uk will, from time to time, make changes in the Contents and in the products or services described on this Site.
About our Prices
UK DIRECT LTD & Nicomm.co.uk is a telecommunications supply company. We supply products, subject to availability, to customers in Great Britain and Northern Ireland and its surrounding islands (excluding the Republic of Ireland). For full details of our delivery destinations, please see our Delivery Information page.
The prices advertised on this Site are for orders placed through our web site facility and include VAT, unless specifically indicated otherwise. Prices on some items may differ from those listed in other places. Prices and the availability of items are subject to availability and to change without notice. Any "list prices" or "RRP prices" used on this Site relate to the manufacturers' suggested selling prices and may not be indicative of the actual selling prices in your area.
Any reference to "savings" used on this Site indicates the average savings off the "list or RRP price". Your actual savings will vary depending upon the goods purchased and the date of the transaction.
We reserve the right to limit sales. Offers and product ranges displayed on this website are not available to wholesalers or resellers of telecommunications supply. The maximum of one free gift is available to customers in any one order, where applicable. All goods remain UK DIRECT LTD & Nicomm.co.uk property until paid for in full.
Protecting your Order
Safe arrival of your order is guaranteed - all UK DIRECT LTD & Nicomm.co.uk shipments are insured against loss or damage.
All returns must be in identical condition to which they were supplied by us and be authorised in advance of their return by UK DIRECT LTD & Nicomm.co.uk for which you will be supplied a returns number. Returns will not be accepted with a valid returns number.
User Comments, Feedback & Other Information Provided by You
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to UK DIRECT LTD & Nicomm.co.uk ("Transmissions") shall be and remain UK DIRECT LTD & Nicomm.co.uk's property.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the Content of any comments you make.
Terms of Use Revisions
DIRECT LTD & Nicomm.co.uk may revise these Terms of Use by updating this posting. You agree that in the event that any portion of these Site Terms of Use is found to be unenforceable, the remainder of these Site Terms of Use shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. If part of these terms is found to be unlawful, it shall not affect the validity of the remainder Errors and omissions excepted. A full copy of the terms and conditions is supplied on the reverse of every invoice, and is available on request.
Terms & Conditions of Sale
"The Company" means UK DIRECT LTD & Nicomm.co.uk. "The Customer" means any person with whom the Company contracts for the supply of goods. "The Goods" means all the goods materials equipment and packaging supplied to the Customer whether or not manufactured by the Company.
- 1. Application of Conditions
- All orders are accepted on the basis of these conditions only. Any conditions of offer or purchase offered on behalf of the Customers shall be deemed to be waived by the Customer upon his acceptance of Goods. No representations warranties guarantees or statements other than those contained on the company's website or made in writing and signed by a Director of the Company shall be binding on the Company.
- 2. Formation of Contract
- A contract shall be concluded between the Customer and the Company upon the Company despatching Goods.
- 3. Price
- Goods will be sold at the prices ruling at the date of dispatch. For goods delivered in the UK Value Added Tax will be added to all invoices at the current rate.
- 4. Product Availability
- All products are sold subject to availability.
- 5. Delivery
- (a) Whilst every effort will be made to dispatch goods on time, no liability can be accepted by the Company for failure to deliver within the advertised times.
(b) The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notified the company in writing within five days of receipt of goods, or receipt of invoice and with full details of the complaint.
(c) If for any reason the Customer fails or refuses to accept delivery of the goods at the time such goods are due and ready for delivery and it is established that the Customer is in breach of contract the Company may sell or otherwise dispose of the goods without prejudice to the Company's right of legal redress for loss suffered in consequence of the Customer's failure to take delivery of such goods.
- 6. Force Majeure
- In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract of sales for as long as such fulfillment is prevented.
- 7. Property and Title
- No property or title to goods shall pass from the Company to the Customer unless and until the Customer has made full and complete payment to the Company of all sums due from the Customer in respect of the goods and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody.
- 8. Payment (Credit Accounts)
- (a) Invoices shall be settled within thirty days from the date of invoice. The Company may charge the Customer interest at five per cent (5%) above the Bank of England Base Rate, on the amount of any delayed payment for the period of delay. A fixed charge of £75.00 will be made to cover collection of any overdue account.
(b) If the Customer defaults in making payment, commits an act of bankruptcy, enters into liquidation, becomes unable to pay its debts as they fall due, or if a receiver is appointed overall or any part of its assets or suffers any similar action or event in consequence of debt, without prejudice to any other rights or remedies, the Company may cancel any undelivered or uncompleted portion of the Contract or stop any Goods in transit. The Company shall nevertheless be entitled to claim against the Customer in respect of any loss or damage sustained as a result of non-compliance with the Contract.
(c) Deliveries shall at all times be subject to the approval by the Company of the Customer's credit. The Company reserves the right even after partial performance or partial payment in connection with any Contract to require from the Customer satisfactory security for the due performance of the Customer's obligations. Refusal to furnish such security will entitle the Company to defer any further deliveries until such security is furnished or to cancel the Contract or so much of it as remains unperformed without prejudice to any rights which the Company may have against the Customer in respect of breach of contract or otherwise.
- 9. Right of Rejections
- Any goods supplied by the Company which do not meet the Customer's expectations or the representation made on the website may be returned by the Customer carriage paid to arrive at the Company's premises within seven days of the date of delivery. The Company will then at the Customer's stated option: -
(a) Dispatch replacement Goods; or
(b) Issue the Customer with a credit note; or
(c) Refund the Customer within forty eight working hours of the Company's receipt of Goods.
Any Goods returned by the Customer within the seven day period must be returned under a return authorisation number which the Customer should obtain from the Company prior to returning Goods. If the Company does not receive return of Goods within the seven day period of issuing to the Customer a return authorisation number the Customer will be deemed to have accepted Goods. The Company will cancel the return authorisation number and the Customer must then ensure payment is made.
- 10. Replacement or Repair
- (a) The Customer fully accepts responsibility for the suitability and fitness for purpose of Goods and if any statement or representation has been made by the Company, its servants or agents, the Customer hereby acknowledges that he understood it to be a statement of opinion only and that no reliance was placed on it by him. The Customer shall indemnify the Company against all claims demands actions proceedings and costs made or brought against or incurred by the Company by reason of Goods being unfit for the purpose for which they are or were intended to be used.
(b) The Company will repair or replace at its option free of charge any Goods which are returned by the Customer carriage paid to the Company's premises and which are shown to the Company's reasonable satisfaction to be defective (under proper use) by reason of faulty material or workmanship within twelve months from the date of their original despatch or such other period as is stated on the Company's website. If the Goods are shown to be defective the Company will refund or credit the carriage to the Customer.
- 11. Disclaimer of Liability
- Neither the Customer nor any third party shall be entitled to damages in respect of:-
(i) Loss of profits; or
(ii) Loss of production; or
(iii) Any other consequential loss or damage whether direct or indirect sustained by the Customer or such third party:-
(a) In the event of late delivery on non-delivery of any of the Goods by reason of the Company's breach of contract; or
(b) If the Company commits any breach of the contract; or
(c) In the event of any negligence or default on the part of the Company or its servants or agents resulting in any loss or damage to the property of the Customer or such third party following the supply of any Goods; or
(d) When the Customer is not dealing as a consumer in the event of any breach by the Company of any implied obligation under section 13, 14 or 15 of the Sale of Goods Act 1979. Save as provided in these Conditions, the Company shall be under no liability of whatsoever kind howsoever caused in respect of terms, warranties, conditions or representations whether express or implied statutory or otherwise and whether arising under the Contract or any prior Agreement or in all written statements made by or on behalf of the Company in the course of negotiations with the Customer or its representatives. Nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
- 12. Governing Law and Jurisdiction
- The Contract shall be deemed to be made in England and shall for all purposes be governed and constructed in accordance with the laws of England and the Company and the Customer hereby agree to submit to the jurisdiction of the English Courts.
- 13. Goods of US origin
- Goods of USA origin are sold subject to US Export Administration Regulations. All Goods are sold Subject to the UK Export of Goods (control) Order 1978. Resale or re-export is prohibited except in the compliance with applicable regulations