Terms of service
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1. GENERAL
These general terms and conditions ("Terms") apply to any purchase of Nilfisk products ("Products") from Nilfisk Ltd, Nilfisk House, Bowerbank Way, Gilwilly Industrial Estate, Penrith, Cumbria, CA11 9BQ ("Nilfisk") made through the Nilfisk consumer web shop https://shop.nilfisk.com/en-en ("Nilfisk Consumer Online Shop") - by a person acting primarily for non-commercial purposes ("Customer").
The Nilfisk Consumer Online Shop is owned by Nilfisk A/S, Marmorvej 8, 2100 København Ø, Denmark, CVR number 62572213, and its group companies.
To place an order on the Nilfisk Consumer Online Shop Customers must be at least 18 years of age and have the legal capacity to enter into legally binding agreements to purchase Products from the Nilfisk Consumer Online Shop.
By purchasing Products from the Nilfisk Consumer Online Shop, the Customer agrees to these Terms, which shall prevail in the event of any inconsistency with any other terms, written or other agreements. The Customer is requested to read and understand these Terms before placing an order on the Nilfisk Consumer Online Shop.
Nothing in these Conditions excludes or limits Nilfisk's obligations or liability to the Customer as a result of mandatory legislation.
2. ORDERING PRODUCTS; ORDER CONFIRMATION
- Order processing
A Customer may place an order with Nilfisk on the Nilfisk Consumer Online Shop ("Order").
- Order confirmation
An Order shall only be deemed accepted and an agreement shall only be deemed concluded when confirmed by Nilfisk by means of a written order confirmation and when shipping confirmation is provided by way of a courier tracking reference unless Products have been delivered to the Customer (in whole or in part) prior to receipt of an order confirmation or courier tracking reference.
3. RIGHT OF CANCELLATION
Unless a longer period has been stated, the Customer may withdraw from the purchase without any reason within 30 days from the date on which the Customer has received the Product(s) purchased. If the Customer wishes to withdraw from their purchase, they may notify Nilfisk of his decision to withdraw from the contract by an unequivocal statement, e.g. a letter sent by post or e-mail to Nilfisk Ltd, Nilfisk House, Bowerbank Way, Gilwilly Industrial Estate, Penrith, Cumbria, CA11 9BQ or customercare.uk@nilfisk.com within 30days of receipt of the Product(s) purchased. The customer can use the standard return form at https://shop.nilfisk.com/en-en/pages/contact, but it is not obligatory.
If the Customer has received the Products and wishes to cancel their purchase, the Products shall be returned in unused condition in the original packaging. The Customer shall return the Products to Nilfisk at Nilfisk Ltd, Nilfisk House, Bowerbank Way, Gilwilly Industrial Estate, Penrith, Cumbria, CA11 9BQ, within 30 days after the Customer has notified Nilfisk that it wishes to cancel its purchase. Any costs associated with such return shipment shall be borne by the Customer.
If the right of withdrawal is exercised in accordance with the above within 30 days, Nilfisk shall reimburse the Customer the full purchase price. Nilfisk shall endeavour to use the same means of payment for reimbursement as that used for the purchase of the Product.
4. PRICES, PAYMENTS
The prices indicated for the Products in the Nilfisk Consumer Online Shop are in British Pound Sterling and include VAT. Prices do not include shipping costs.
All prices, including delivery prices, are indicated on the Order and on the order confirmation received from Nilfisk. Prices may change from time to time, but changes will not affect any order which Nilfisk has confirmed via an Order Confirmation.
Nilfisk accepts the following payment methods:
- VISA
- Mastercard
- Apple Pay
- Google Pay
- American Express
- Klarna
- Paypal
All payment information is transmitted in encrypted form. The amount will be reserved on your payment card immediately but will only be deducted from your account when the purchased products are shipped.
5. TERMS OF DELIVERY
Products purchased through the Nilfisk Consumer Online Shop will be delivered directly to the Customer at a mainland UK residential address provided by the Customer in the Order.
All Products purchased through the Nilfisk Consumer Online Shop will be shipped as soon as possible in the order in which the Orders relating to the Products have been placed. Nilfisk shall endeavour to ship the Products purchased within 1 to 5 working days from the date of acceptance of the Customer's Order by Nilfisk. Nilfisk has the right to choose the carrier and routing for all shipments. The dates indicated for delivery of the Products are only estimated delivery times. Delivery may take longer in case of unexpected complications. Nilfisk shall not be liable for reasonable delays in delivery of the Products, and no reasonable delay in shipment or delivery of the Products shall relieve Customer of its obligations under these Conditions.
6. RISK
The risk of damage or loss of the Products shall pass to the Customer upon delivery of the Products to the Customer.
7. DEFECTS AND WARRANTY
If the Product received by the Customer is defective, the Customer shall notify Nilfisk via the link: https://shop.nilfisk.com/en-en/pages/contact within 14 days.
The Customer has a warranty period of 24 months for a defective Product from the delivery of the Product.
If the Customer wishes to complain about a defective product, the Customer shall notify Nilfisk after the Customer has discovered the defect. The Customer may, for example, send an e-mail to Nilfisk customer service customercare.uk@nilfisk.com or use the form here: https://shop.nilfisk.com/en-en/pages/contact. The Customer shall include a description of the defect on the product, including the time when the Customer first noticed the defect. In addition, the Customer shall, if possible, include a photograph showing the defect.
This warranty does not apply if the Customer by its act or omission has caused the defect in the Product by misuse, negligence, accident, repair, or replacement not performed or authorised by Nilfisk or under similar circumstances.
8. GUARANTEE
- Limited Product Warranty
Unless otherwise stated, Nilfisk warrants for a period of at least twenty-four (24) months from delivery of the Products to Customer that the Products will conform to the specifications stated on the Products' label and in the product information, except for minor deviations that are reasonable and generally accepted in the marketplace, and that the Products will be free from defects in material and workmanship at the time of delivery. Warranty terms can be seen on: https://shop.nilfisk.com/en-en/pages/warranty
The rules on defects in the Consumer Rights Act (2015) apply.
- Limited Service Warranty
Services will be performed in a professional and thorough manner. Nilfisk's warranty is limited to ninety (90) days.
- No other guarantees
To the extent permitted by mandatory legislation, Nilfisk makes no warranties other than those set out in these Conditions, on the product labelling or in other product information.
- Remediation
If a Customer makes a valid claim under these Conditions based on defects in quality, condition or failure of the Products to meet product specifications under warranty, Nilfisk shall be entitled, at its sole discretion, to repair or replace the Products, or refund the purchase price (or a pro rata portion thereof) to the Customer, and Nilfisk shall have no further liability to the Customer. Customer acknowledges and agrees that the remedies set forth in this Section shall be Customer's sole and exclusive remedy for any breach of this Section. Nilfisk shall have no liability for breach of warranty in the event of (i) repair or attempted repair of the Products by anyone other than an authorised representative of Nilfisk, (ii) ordinary wear and tear, (iii) Products subject to wilful or negligent damage or abnormal working conditions by Customer. Unless otherwise stated at the time of purchase, any Product shall be returned at Customer's expense and there shall be no refund or replacement of a defective Product covered by the warranty unless Nilfisk finds the alleged defect(s) to be proven after testing and inspection of the specific Product
9. NILFISK RESPONSIBILITY
Nothing in these Conditions excludes or limits Nilfisk's obligations or liability to the Customer where it would be illegal for Nilfisk to limit or exclude its liability.
- Limitation
Unless otherwise expressly stated in these Conditions, Nilfisk's liability for any product purchased from our website shall be strictly limited to the purchase price of such product.
The limitation of liability in this section does not apply to (i) liability arising from Nilfisk's gross negligence or wilful misconduct, including fraud, and (ii) death or personal injury resulting from Nilfisk's acts or omissions and/or caused by defective Products under applicable product liability law, (iii) in any case where it would be unlawful to exclude, limit or attempt to exclude or limit our liability.
- Indirect losses
Except where it is illegal for Nilfisk to limit or exclude liability, Nilfisk shall not be liable for indirect losses arising from primary loss or damage, whether such losses arise in tort (including negligence), breach of contract or otherwise. This includes, without limitation, loss of profits, loss of revenue and loss of income.
10. OBLIGATIONS OF THE CUSTOMER
Customer shall use, maintain, store and clean the Products in accordance with their labelling and product information. If service is required by Nilfisk, the Customer shall ensure that the Products to be repaired are ready for service and are located in a place where Nilfisk can safely and properly service them.
11. DATA, PERSONAL DATA
Nilfisk collects and processes your personal data in accordance with our Privacy Policy, available at https://www.nilfisk.com/en-gb/legal/privacy/ See also our Cookie Policy: https://www.nilfisk.com/en-gb/legal/cookie-policy/
In summary, Nilfisk will process your personal data - names, billing and delivery addresses, email and/or IP addresses, telephone numbers, credit card numbers and bank account numbers necessary to sell, deliver, maintain and service the Products, for the following purposes:
- Communication and tracking of your purchase orders, including delivery to your address;
- Invoicing and processing of your payments and related communications;
- Communicate with you to provide service and maintenance of the Products you purchase.
Nilfisk uses Shopify Inc, 151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada to process your payment-related activities when ordering Products. Shopify processes your name, billing and shipping addresses, email and/or IP addresses, phone numbers, credit card numbers and bank account numbers. Nilfisk also shares your name, address and other contact information with courier services that deliver your order, including FedEx in the UK. Nilfisk also shares this data with its service partners who provide repair, service and maintenance of the Products you purchase. The list of service partners is as follows:
FedEx UK
Poland Street 27A
W1F 8QW, London
United Kingdom
Shopify Inc.
151 O'Connor Street, Ground Floor
Ottawa, ON K2P 2L8
Canada
12. COMPLIANCE WITH LAWS AND REGULATIONS
Nilfisk shall comply with all national, state, regional and local laws and regulations applicable to Nilfisk's performance under these Conditions, including applicable anti-corruption and competition laws, trade sanctions and export controls. Nilfisk shall comply with the Nilfisk Code of Business Conduct, as in effect from time to time and available at https://documents.nilfisk.com/Nilfisk/business-code-of-conduct/?Page=7&page=1.
13. FORCE MAJEURE
Nilfisk shall not be in breach of these Conditions and shall not be liable for any failure or delay arising hereunder if such failure or delay is caused, directly or indirectly, by events or circumstances beyond Nilfisk's reasonable control, including, without limitation, fire, explosion or accident, conditions beyond Nilfisk's control, flood, drought, earthquake or other natural disaster, strikes, lockouts or other labour disturbances, shortages of raw materials, supplies or components, new equipment, technology upgrades, carrier delays, embargoes, decisions or directives of Nilfisk or any third party, or any other acts of God, earthquakes or other natural disasters, strikes, lockouts or other labour disturbances, shortages of raw materials, supplies or components, new equipment, technology upgrades, carrier delays, embargoes, governmental decisions or directives, war, armed conflict, terrorist attacks, civil commotions or disturbances, riots, cyber-attacks, epidemics or pandemics. If the delay continues for a period of time that Nilfisk considers unreasonable, Nilfisk shall be entitled to terminate these Conditions or parts thereof without liability.
14. OTHER
- No exemption
Nilfisk's failure to enforce any provision of these Conditions shall not be construed as a waiver of such provision or as a waiver of Nilfisk's right to enforce such provision in the future.
- Invalidity of the provision
If any provision of these Terms is held by a competent authority to be wholly or partly invalid, illegal or unenforceable, the remaining provisions of the Terms shall remain in full force and effect.
- Validity of the provisions
The following provisions: 6 (Risk), 9 (Nilfisk's Liability), 10 (Customer's Obligations), 11 (Data), 13 (Force Majeure), 15 (Intellectual Property Rights) and 16 (Applicable Law and Dispute Resolution) shall continue to apply in the event of termination of these Conditions.
- Full regulation
These Conditions constitute the entire agreement between the Customer and the Nilfisk entity supplying the Products ordered through the Nilfisk Consumer Online Shop and supersede all other oral or written agreements and undertakings between the parties in relation thereto.
- Modification of these Conditions
Nilfisk may modify and/or supplement these Conditions at any time and without prior notice to the Customer. The Conditions applicable to Customer's purchase are the Conditions available on shop.nilfisk.com at the time Customer places its Order. Accordingly, any changes and/or additions to these Conditions shall only apply to future purchases of Products and not to Orders already placed and agreed, unless such changes and/or additions are required by applicable law or governmental regulation. In that case, such changes and/or additions shall also apply to Orders already accepted.
15. INTANGIBLE RIGHTS
All intellectual property rights, including but not limited to copyrights and trademarks in the Nilfisk Consumer Online Shop are owned by Nilfisk. Any use of such material is prohibited without the prior written permission of Nilfisk.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by the laws of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have sole and exclusive jurisdiction and venue to settle any dispute or claim arising out of or in connection with these Terms, including, without limitation, non-contractual disputes and claims. The Customer expressly accepts such choice of law and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded.