Terms & Conditions

These Terms and Conditions apply to your use of the website (www.nymrod.co.uk). By accessing the website, placing an order, and/or contacting us, you agree to be bound by these Terms and Conditions.

Nymrod Comms is a trading name used by Nymrod Ltd, (Company Registration No. 09927715). Registered in England & Wales at First Floor, Unit 10 Crowborough Business Park, Park Road, Crowborough, East Sussex, TN6 2GZ, United Kingdom.

We reserve the right to amend these Terms and Conditions at any time.

Orders containing equipment hire are also subject to our Terms & Conditions of Hire. By placing an equipment hire order, you agree to have read, understood and accept to be binded by these Terms & Conditions.


ORDERS

Orders can be placed through the website, via email or by telephone. As part of the online checkout process, you will be given chance to check your order for any errors. An email will be sent to you which will act as your order confirmation.

Our acceptance of your order will take place when we despatch the goods. Notification of despatch will be sent by email. When we despatch the order, the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled the order.

We may refuse to accept an order if;

  • The goods you have ordered are not in stock or available
  • We cannot obtain authorisation for payment
  • There has been an error with product pricing or descriptions
  • The order had been flagged as potentially fraudulent
  • You do not meet any eligibility criteria set out in our Terms and Conditions


PRICING

UK VAT is currently applied to all orders. Product prices listed on the website will be inclusive of VAT at the prevailing rate.

If you are purchasing on behalf of a VAT registered company located outside of the United Kingdom, but within the European Union, we may automatically remove the VAT from the order total if the order is eligible for the reverse charge.

Where we charge separately for processing, packing, carriage, insurance and other relevant charges, the appropriate rates are set out and shown elsewhere on the website.

We reserve the right to change prices on the website at any time, without prior notice. For orders placed online, the total price will be shown during the checkout process. It is your responsibility to check and accept this price before completing the checkout process.


CANCELLATION AND RETURNS

Cancellation of your order can be made before despatch of your goods either by emailing us or by the My Account page on the website.

Purchased goods can be returned to us, for any reason, within 14 days of receipt for either a full refund or exchange. Goods must be returned in a perfect, re-saleable condition. The cost of returning goods to us shall be borne by you.

Upon successful return of the goods, we will either provide you with a full refund or store credit for the cost of the returned goods plus the cost of our standard/most basic delivery option.

The rights to return the goods to us as referred to above will not apply in the in the event that the product has been used, is not in its original packaging or is damaged in any way. These provisions of this clause do not affect your statutory rights.

Faulty or Damaged purchased goods on arrival must be notified to us within 3 days of receipt of the goods. A full refund or replacement will be provided. We may require you to provide us with photographic evidence of the goods to approve your claim.

Damaged Goods from incorrect use, installation, and/or mishandling by any person(s) will not be replaced or refunded. Any applicable warranties will also become void.

Eartec products are supplied with a 1 Year Warranty. If an item becomes faulty within 1 Year from the date of purchase, we will either attempt to repair, replace or refund the item, if a manufacturing fault or error has occurred. Damage, Faults and/or Errors occurring from incorrect use, installation and/or mishandling will not be covered by this warranty. We will provide a pre-paid returns label on a standard economy service for faulty items to be returned to us. We will not cover the cost of return delivery if you have used a service outside of our pre-paid returns label.


DELIVERY

Delivery dates provided by us are given in good faith to indicate an estimated delivery date but will not amount to any contractual obligation to deliver at the date or time stated.

Delivery will be undertaken by a third party postal/courier service to a specified address, not to a specific person. If no-one is present at the time of delivery, you acknowledge that the delivery driver, at its discretion, may deliver the consignment to a neighbouring address, the nearest depot, or leave it in a safe place. If this occurs, a calling card will be left at the original delivery address stating the new location of the consignment. It is the responsibility of the customer to collect, and/or re-arrange delivery (if applicable) according to the instructions left on the calling card.

Further delivery attempts may incur an additional charge. In these instances, the customer will be informed and payment must be taken either by us or the third party postal/courier service provider. Additional Charges may also be incurred if the consignments are returned to us following any failed delivery attempt(s).


WEBSITE/ACCOUNT REGISTRATION

To register an account on the website or to place an order, you must over eighteen (18) years of age. Account Registration is for a single user only. We do not permit users to share their login or account information with third parties. Any breach of personal information may result in the deactivation of your account.


LICENCE

You are permitted to print and download extracts from this Website for your own personal use on the following basis:

  • No documents or related graphics on this Website are modified in any way
  • No graphics on this Website are used separately from accompanying text
  • Any of our copyright and trade mark notices and this permission notice appear in all copies
  • No documents or related graphics are not used for any commercial purposes

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above, for any purpose, is prohibited. If you breach any of the terms in these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Subject to the above clause, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.


SERVICE ACCESS

While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.


VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the Website any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses above.


LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you may leave our Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  • You do not remove, distort or otherwise alter the size or appearance of our logo;
  • You do not create a frame or any other browser or border environment around this Website;
  • You do not in any way imply that we are endorsing any products other than our own;
  • You do not misrepresent your relationship with us nor present any other false information
  • You do not otherwise use any Eartec or Nymrod Comms (Nymrod Ltd) trademarks displayed on the Website without our express written permission;
  • You do not link from a website that is not owned by you;
  • Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause for breach of these Terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage to us or any of our group companies may suffer or incur as a result of your breach of this clause.


DISCLAIMER

While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

The material on the Website is provided “as is” without any conditions, warranties or other Terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms and Conditions might have effect in relation to the Website.


LIABILITY

We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in these Terms and Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms and Conditions by you, or your use of the Website, or the use by any other person using your registration details.


GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access the Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.


MISCELLANEOUS

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these Terms and Conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.


Last Updated: 15/02/2019