1.1 This Privacy Policy (this “Policy”) applies to our use of any and all Data (as defined below) collected by us in relation to your use of this website (the “Site”) and any Services or Systems therein. Your privacy is important to us. To better protect your privacy we have provided this Policy explaining our online information practices. References in these terms to the Site include www.nichetea.com and all associated web pages.
1.2 You should read this Policy carefully before using the Site. By visiting the Site or purchasing something from us you agree to be bound by this Policy and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this Site, please contact hello@thenicheco.com
1.3 In this Policy the following terms shall have the following meanings:
Account
...means collectively the personal information, payment information and credentials used by you to access any communications System on the Site;
Content
...means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;
Cookie
...means a small text file placed on your computer by The Niche Group Limited when you visit certain parts of this Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Site. Where e-commerce facilities are provided, Cookies are essential to the operation of the Site and allow you to create an Account with us. Cookies on our Site are also used to customise certain areas of content just for you and to make your browsing experience more efficient and faster;
Data
...means collectively all information that you submit to the Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
Service
...means collectively any online facilities, tools, services or information that we make available through the Site either now or in the future;
System
...means any online communications infrastructure that we make available through the Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
we, us, our
...means The Niche Group Limited (“Niche Tea”) with company registration number 10774330 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ;
You or your
...means the person accessing or using the Site.
2.1 When you place an order with us we will require your name, email address, credit or debit card, phone and address details and you may be asked to create an Account (please see our Terms and Conditions for Sale of Goods for further information). We use the information provided about yourself when placing an order only to the extent necessary to complete that order. We do not store credit card details nor do we share customer details with any third parties.
2.2 When you browse our Site we also automatically receive your computer’s internet protocol address in order to provide us with information that helps us learn about your browser and operating system.
2.3 If we ask you for personal information for a reason such as marketing we will ask you directly for your express consent or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you by contacting us at hello@thenicheco.com.
3.1 Any personal Data you submit will be retained by us for as long as you use the Services and Systems provided on the Site. Unless we are obliged or permitted by law to do so, Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
3.2 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Site.
We may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services may have access to certain personal Data provided by Users of this Site. Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
We may, from time to time, expand or reduce our business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by you will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
6.1 You may access certain areas of the Site without providing any Data at all. However, to use all Services and Systems available on the Site you may be required to submit Account information or other Data.
6.2 You may restrict your internet browser’s use of Cookies. For more information please see our Cookie Policy.
7.1 Data security is of great importance to us and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
7.2 Our on-line store is hosted on Shopify Inc. They provide us with the online ecommerce platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
7.3 If you choose a direct payment gateway to complete your purchase then Shopify stores your credit card details. It is encrypted through the Payment Card Industry Data Security Standard. Shopify is Level 1 PCI compliant and uses 128 bit SSL certificates to keep your details secure. Your purchase transaction is stored only as long as is necessary to complete your purchase transaction. Once completed your purchase transaction is deleted.
We reserve the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Site and you are deemed to have accepted the terms of the Policy on your first use of the Site following the alterations.
Cookies are text files which contain small amounts of information which are downloaded to your computer or Internet device when you visit a website. They are then sent back to the original website on each subsequent visit. For more information on cookies please see: allaboutcookies.org
You can change your browser settings to remove, block or withdraw your consent for cookies at any time. But in some cases this may impact on your ability to use our website. Browsers recognise different types of cookies and allow you to treat them differently.
There are two main types of cookies, first and third party: First Party Cookies are those set by the website you are viewing. Third party cookies are set by other sites; for example if a video has been embedded from Vimeo, Vimeo may set a cookie of its own.
Cookies can also last for different durations. Session cookies last until you leave the site, others may last for days or months so the site can recognise you and your preferences on subsequent visits.
Please check back regularly as this list is subject to change.
Q: Do You Deliver Internationally?
A: Yes, we deliver worldwide.
Q: How Much Will My Order Cost?
A: Delivery within the U.K is £4 including postage and packaging.
Delivery within Europe £8.
Delivery rest of World depends on location and weight of order.
Q: How Long Will My Order Take To Be Dispatched?
A: We aim to dispatch your order within 2 working days.
We deliver via Royal Mail second class recorded.
Please allow up to 5 working days for your tea to arrive although it will generally arrive sooner.
International deliveries may take up to 10 working days depending on location.
Q: Are Niche Teas Organic?
A: We are not 100% organic, but we do include organic ingredients where possible. We ethically source our tea from all over the world, but our farmers cannot always afford the organic certification, as this is an expensive process.
Q: Are Niche Teas Fairtrade?
A: In the tea world, Fairtrade does not always equal the finest quality. Our Master Tea Blender visits all of the tea estates we work with worldwide, to ensure the working conditions are above average and the farmers are paid a premium for all of their teas, which in turn, builds a sustainable business.
Q: Do Niche Teas Contain Artificial Ingredients/Flavours/Colours?
A: No! Niche Teas only contain natural ingredients-no nasties!
Q: Are Niche Tea Bags Biodegradable?
A: Yes. Our silky tea bags are made from cornstarch and are fully biodegradable.
Q: Your Packaging Is Beautiful! Is It Recycled?
A: Thank you! Yes, our packaging is 100% recycled card.
Q: Do your products contain allergens?
A: All allergens are displayed clearly on the packaging, as well as on this website under our ingredients list.
These terms and conditions explain how you may buy products from this website (the ‘Site’). References in these terms to the Site include www.nichetea.com and all associated web pages.
You should read these terms and conditions carefully before using the Site. By visiting the Site or purchasing something from us you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If these terms and conditions are considered any offer, acceptance is expressly limited to this Agreement. If you have any questions about this Site, please contact hello@thenicheco.com.
In these terms and conditions and on this Site the following terms shall have the following meanings:
Account
...means collectively the personal information, Payment Information and credentials used by you to access Paid Content and / or any communications System on the Site;
Carrier
...means any third party responsible for transporting purchased Goods from our Premises to customers;
Content
...means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;
Goods
...means any products that we advertise and/or make available for sale through this Site;
Service
...means collectively any online facilities, tools, services or information that we make available through the Site either now or in the future;
Payment Information
...means any details required for the purchase of Goods from this Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Premises
...means our place(s) of business located at the registered office below;
we, us, our
...means The Niche Group Limited (“Niche Tea”) with company registration number 10774330 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom,WC2H 9JQ;
You or your
...means the person accessing or using the Site or its Content.
2.1 By placing an order through our Site you are making an offer to Niche Tea to purchase the Goods set out in your order upon the terms described in your order. When you place an order we will require your name, email address, credit or debit card, phone and address details and you may be asked to create an Account (for further information please see clause 11). The information is required in order to process your request or inform you of our order. A contact phone number is also required so we can get in touch if there is a problem with your order. We may, unless you inform us otherwise, provide our Carrier (where applicable) with your contact phone number in case they need to reach you to arrange the delivery of your order.
2.2 Once your order is placed with us we will email you to acknowledge that we have received your order. However this is not confirmation that your offer to buy the Goods has been accepted as completion of the contract between us only exists once an order has been accepted, processed and dispatched by us to you unless we have notified you (due to one of the reasons stated in clause 2.5 below) that we are unable to accept your order.
2.3 All payments must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. To ensure that your credit, debit or charge card is not being used without your consent we may validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made.
2.4 Our on-line store is hosted on Shopify Inc. They provide us with the online ecommerce platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. For further information about your security please read our Privacy Policy.
2.5 Please note that we may not be able to accept your order as a result of the following reasons:
2.5.1 If the product you have ordered is out of stock;
2.5.2 If there has been a product description or a pricing error;
2.5.3 If you are not permitted to purchase the Goods as outlined in these terms and conditions or as otherwise stated on the Site; or
2.5.4 If we are unable to authorise your payment.
2.6 If there is an issue with your order one of our team will contact you either by phone or email. If we leave a message and you fail to respond to us within 48 hours we will cancel the order.
3.1 Every reasonable care and effort has been made to ensure that all representations and descriptions of the Goods available correspond to the actual Goods. However, we are not responsible for variations from such descriptions. All measurements and sizes are approximate although we make every effort to ensure they are as accurate as possible. Furthermore, whilst the colour reproduction of the Goods is a close representation we cannot accept any responsibility for any variation in colour caused by the browser software or the computer system used to view the products.
3.2 We also undertake all reasonable care to ensure that all the details, price and descriptions on our Site are accurate at the time they are entered onto our Site. Whilst we endeavour to keep the Site as up to date and accurate as is possible, there may be rare occasions when the information on the Site (including product descriptions) may not reflect the position exactly at the point an order is placed. We neither represent nor warrant that Goods will be available as stock indications are not provided on the Site.
3.3 The prices quoted on this Site apply only to products sold on this Site. Where the same products are available via another stockist it is understood that different prices may apply. All prices are shown in pounds sterling and include VAT (where applicable – although no VAT is payable on tea).
Persons under the age 18 should use this Site only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
These terms and conditions do not apply to customers buying Goods in the course of business. If you are a business customer please contact us for further details.
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
7.1 This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us. We reserve all our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
7.2 Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
7.3 All of our products mentioned on this Site are trademarks of Niche Tea. Other trademarks and trade names may also be used on this Site. The use or misuse of any trade marks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
8.1 The estimated date for delivery of the products will be set out in the email confirming your order. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the products. Unless you and we agree otherwise, if we cannot deliver your products within 30 days of the email confirming your order we will e-mail you to let you know and we will cancel your order.
8.2 Ownership of an item will pass to you once we have delivered the item to you (either directly or leaving in a safe place). When an item has been delivered, the risk of damage to or loss of the item passes to you. For specific delivery options please read our Delivery Policy. Please note that our working days are Monday to Friday and do not include national UK bank holidays.
This Site may contain links to other sites. Unless expressly stated, these sites are not under our control. We assume no responsibility for the content of such Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Site on other sites may do so only to the home page of the site without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission but please do get in touch.
11.1 In order to purchase Goods on this Site and to use certain other parts of the System, you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Site as we may not require Payment Information until you wish to make a purchase. By continuing to use this Site you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another person without your consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. We may use your personal information to provide our Goods and services to you, to process your payment for the Goods and inform you of new products and services available from us. You may request that we stop sending you this information at any time. We will not pass on your information to any third parties.
13.1 We make no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
13.2 Whilst we use all reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and their computers.
We reserve the right to change the Site, its Content or these terms and conditions at any time. You will be bound by any changes to the terms and conditions from the first time you use the Site following the changes. If we are required to make any changes to terms and conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15.1 The Site and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Site or any Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
15.2 We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. You should be aware that you use the Site and its Content at your own risk.
16.2 Nothing in these terms and conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of Niche Tea.
16.3 Nothing in these terms and conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Site.
16.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and us.
These terms and conditions and the relationship between you and Niche Tea shall be governed by and construed in accordance with the Law of England and Wales and both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Introduction
1.1 These terms and conditions explain how you may use this website (the ‘Site’). References in these terms to the Site include www.nichetea.com and all associated web pages. You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact hello@thenicheco.com
1.2 Definitions
In these terms and conditions and on this Site the following terms shall have the following meanings:
Content
...means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
We, us or our
...means The Niche Group Limited {“Niche Tea”) with company registration number 10774330 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
You or your
...means the person accessing or using the Site or its Content
1.3 These terms include our Privacy Policy ad our Terms and Conditions for Sale of Goods which shall be subject to these terms in the event of any conflict or inconsistency.
1.4 These terms may also be supplemented or replaced by additional terms (‘Additional Terms’) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order.
1.5 We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at hello@thenicheco.com
2.1 The Site is for your use only. As a condition of your use of the Site, you agree:
2.1.1. you are over the age of 18 years;
2.1.2. not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
2.1.3. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
2.1.4. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
2.1.5. not to use the Site to distribute viruses or other similar harmful software code;
2.1.6. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
2.1.7. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
3.1. This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us. We reserve all our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
3.2. Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
3.3. All of our products mentioned on this Site are trademarks of Niche Tea. Other trademarks and trade names may also be used on this Site. The use or misuse of any trade marks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
4.1. The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as 'Unwanted Submissions'). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
4.2. Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (eg violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwideso you shall be entitled to use your own material yourself subject to applicable law.
4.3.You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
5.1. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
6.1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
7.1. You agree that your use of the Site is on an 'as available' basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
7.2. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, and any representation or statement made on the Site.
7.3. We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
7.4. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed the amounts paid by you to us in relation to your use of the Site or its Content.
7.5. Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
7.6. Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
8.1. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
8.2. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (postal address) and all notices from us to you will be displayed on our website from to time.
8.3. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.4. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
8.5. Except for our group companies, affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
8.6. These terms and conditions (together with the Privacy Policy and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
8.7. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
8.8. These terms are governed by and construed in accordance with the Law of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
For all NICHE press enquiries including product imagery, press releases or sample requests, please contact us on hello@thenicheco.com
Contact us for press and wholesale enquiries
