Terms & Conditions
- Access to and use of the www.nikigorick.com web site ("this site") is
provided by Niki Gorick Photography Limited ("us" or "we") subject to these
- Your use of any part of this site constitutes your acceptance of these
Site Terms which take effect on the date on which you first use this site.
We reserve the right to change these Site Terms at any time by posting
changes online. You are responsible for regularly reviewing information
posted online to obtain timely notice of such changes. Your continued use
of this site after changes are posted constitutes your acceptance of the
amended Site Terms.
- Whilst we endeavour to make this site available 24 hours a day, we will
not be liable if for any reason this site is unavailable at any time or for
any period. Access to this site may be suspended temporarily or permanently
and without notice.
- Any information found on this site is intended for guidance only. We
may change this site and anything described in it without notice to
- Whilst we endeavour to ensure that information on this site is correct,
no warranty, express or implied, is given as to its accuracy and we do not
accept any liability for any errors or omissions.
- Except for death or personal injury resulting from our negligence or as
otherwise provided in the Terms and Conditions for sale of our products, we
shall not be liable for any damages or losses (including, without
limitation, damages for loss of business or loss of profits) arising in
contract, tort or otherwise from the use of or inability to use this site,
or any material contained in it, or from any action or decision taken as a
result of using this site or any such material.
- We do not warrant that this site will be compatible with all hardware
and software which you may use. Although we may put in place security
measures for your protection, we shall not be liable for damage to, or
viruses that may affect, any computer equipment, software, data or other
property as a result of your access to, use of or browsing of this site or
your downloading of any material.
- You may use material, information or data provided by this site for
your own personal use. You may not use any such material, information or
data in connection for your external business purposes.
- You shall not submit any material or information to us or to this site
which is in any respect in breach of any statute, regulation or byelaw of
any jurisdiction or which may breach the intellectual rights or privacy or
other rights of any third party or which may be defamatory, obscene or
- You shall fully and promptly indemnify us against all damages,
proceedings, claims, demands, liabilities, losses, charges, costs and
expenses which we may suffer or incur as a result (direct or indirect) of
any material, information or data submitted by you to us or to this
- The NikiGorick name and logo and all related product and service names,
design marks and slogans are the trade marks or service marks of us or our
- We accept no responsibility for the content of any site to which a link
from this site exists. The links are provided “as is” with no
warranty, express or implied, for the information provided within
- In addition, when you supply any personal information, you shall be
deemed to have accepted the terms of the Privacy Statement.
- These Site Terms shall be governed by and construed in accordance with
Terms & Conditions for Consumers
Please read the following Terms and Conditions
About us and these Terms and Conditions
- "We" are Niki Gorick Photography Limited. Our registered company
number is 4280126 and our registered office is 20 Oakridge Avenue, Radlett, Herts. WD7 8ER.
If you have any comments, suggestions or complaints, we would be
pleased to receive them at P.O. Box 127, Radlett, Herts. WD7 8LW or by
Alternatively, you may telephone or fax us on +44 (0)1923 855439
between the hours of 09.00 and 17.00 GMT. Normal BT rates apply (i.e.
it is not a mobile phone or premium rate line).
- These Terms and Conditions govern the supply by us of any products
ordered by you on the www.nikigorick.com web site ("the site"). The
particular product or products that you order at any one time from us
is referred to in these Terms and Conditions as "the product".
In these Terms and Conditions:
- "you" means the person who orders a product from the site;
- "the contract" means your order of a product in accordance with
these Terms and Conditions which we accept in accordance with
clause 2.5 below. If you order more than one product or several
units of the same type of product, each unit of each product will
constitute a separate contract.
- These Terms and Conditions tell you what you can do with the
product, how to buy it and the rights and obligations you have.
Making Orders of products
- You must follow the instructions on the site to make your
- Once you select a product that you wish to order, you will then be
shown the price you must pay including VAT, if applicable, and standard
delivery charges. Subject to clauses 2.8 and 2.9 below, this is the
total that you will pay for the ordered product. There are no extra
charges unless you opt for special delivery, in which case we shall
inform you of the additional cost before we accept your order.
- You shall pay for the product at the time of ordering by supplying
us with your credit card details which we require in order to process
your order. We shall obtain the money for payment of the product
following our acceptance of your order.
When you submit an order to purchase a product from us, you agree
that you do so subject to these Terms and Conditions together with:
- the Site Terms; and
- the copyright notice; and
- the Privacy Statement in force at the time of your order.
- Your order remains valid as an offer until when we accept your
order or if earlier when we receive your notice revoking your
- The contract shall be formed when we accept your order by sending
our order confirmation to you by email, together with a confirmatory
invoice. This is when the binding contract will be made. We shall not
be obliged to supply the product to you until we have accepted your
order. Until we accept your order, we reserve the right to refuse to
process your order.
- If you discover you have made a mistake with your order please
You must do this before we send the order confirmation.
- If the price for the order changes before we accept your order, we
will contact you and ask you to confirm that you wish to proceed at the
- If there is no VAT applicable to your order, then the price that
you must pay to us for the order will be reduced by deducting the VAT
element confirmed in the order.
The artwork and graphics on the site
- The quality of our design reproductions and of the materials we use
are of great importance to us. While every effort is made to supply a
product which is as shown on the screen, or in our advertisements,
technical constraints may cause slight variations. The artwork and
graphics that appear on the site and on your computer screen is only a
graphic representation of the font and graphics of the product.
Delivery of the product
We aim to deliver the product to you at the place of delivery
requested by you when you submit your order and we aim to deliver
within the time indicated on the site but we cannot give an exact
delivery date. Seasonal goods may take additional time. Delivery
times given on the site are estimates only. However, if you have not
received the ordered product within 30 days of the date on which you
sent your order then you may cancel the contract. In any event:
- we shall inform you if we are unable to supply the product to
you within the 30 day period; and
- within 30 days of the end of that 30 day period we shall refund
to your credit card company any money paid to us under the
- You shall own the product when we deliver it to you (but not the
Materials as defined in the copyright notice).
- You may cancel the contract for any reason if within 14 days of
delivery of the product you give us notice in writing or in another
durable medium accessible to us that you wish to cancel the contract.
The notice may be delivered by hand or sent by post to our address at
P.O. Box 127, Radlett, Herts, WD7 8LW or sent by e-mail to the e-mail
address stated in clause 1.1 above, or sent by fax to the number stated
in clause 1.1 above. The notice shall be deemed to have been given on
the day on which it was sent.
If you cancel the contract:
- you shall return the product to us in good condition, using the
same method as it was delivered to you. Please note that the
product is your responsibility until we receive it and we recommend
that you get a Certificate of Postage. You shall be responsible for
paying all the costs of returning the product; and
- we shall refund payment made by your credit card company to us
for the product to your credit card company within 30 days of
receiving your notice of cancellation.
- We warrant that the delivered product will be free from defects in
materials and workmanship for a period of 30 days from the date of
delivery. If you discover a defect in the materials or workmanship of
the product, you must inform us as soon as possible but in any event
within that 30 day period. Subject to you complying with these time
limits and subject to clause 6.2 we will arrange for the return of the
product at no cost to you and we shall refund the price paid by your
credit card company or, if you wish, replace the product instead.
- If we find that the product is not defective or that the product
has been misused or subjected to neglect, carelessness or abnormal
conditions or involved in any accident or attempt at modification or
dealt with contrary to our instructions, we may decide not to repair or
replace the product and require you to pay all carriage costs.
- The warranty in clause 6.1 sets out our liability in respect of a
defective or damaged product and shall apply in lieu of all conditions,
warranties or obligations which would otherwise be implied by common
law, all of which are excluded to the fullest extent permitted by law.
This does not affect your statutory rights, under which you have the
right to insist that goods that you buy from businesses must correspond
with their description, be fit for their purpose and be of a
- The warranty contained in this clause is specifically limited to
the person who makes the order with us. No warranty is made to any
Limitation of our liability
- We shall not be liable for any delay or failure to perform due to
any circumstances outside our reasonable control, including without
limitation Acts of God, civil commotion, riots, revolt, war, terrorism,
hostilities, warlike operations, piracy, arrests, restraints or
detainments of any competent authority, strikes, lock-outs, floods,
droughts, fire, earthquakes, mechanical breakdown, inability to obtain
or shortage of materials, equipment or transportation or any
legislation change. However, if you have not received the ordered
product within 30 days of the date on which you sent your order then
you may cancel the contract in accordance with clause 4.1.
- Subject to the rest of these Terms and Conditions, any notice or
other communication required or authorised to be given under this
Agreement shall be in writing and may be served by personal delivery or
by pre-paid, registered or recorded delivery letter or by facsimile
addressed to the relevant party at the address or facsimile number of
the relevant party last known to the other.
- Subject to the rest of these Terms and Conditions, any notice given
by post shall be deemed to have been served two business days after the
same has been posted if you are based in the UK or seven business days
after the same has been posted if you are not based in the UK and any
notice given by facsimile shall be deemed to have been served upon
receipt of an answerback signal from the receiving machine, and in
proving such service it shall be sufficient to prove that the letter or
facsimile was properly addressed or numbered and, as the case may be,
posted as a prepaid, registered or recorded delivery letter or
despatched or an answerback signal received.
- For the purpose of this clause 8, a "business day" means any day
other than a Saturday, Sunday or a day which is a public holiday in the
place both of posting and of address of the notice.
- We advise you to print and keep a copy of these Terms and
Conditions and your order for future reference.
- The contract shall be governed by English law and you hereby submit
to the non-exclusive jurisdiction of the English courts. All dealings,
correspondence and contacts between us shall be made or conducted in
the English language.
- No failure or delay by either party in exercising any right under
the contract shall operate as a waiver of such right or extend to or
affect any other or subsequent event or impair any rights or remedies
in respect of it or in any way modify or diminish your or our rights
under the contract.
- If any clause in these Terms and Conditions shall become or shall
be declared by any court of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall in no way
affect any other clause or part of any clause, all of which shall
remain in full force and effect, so long as the Terms and Conditions
shall be capable of continuing in effect without the unenforceable
- These Terms and Conditions (incorporating the Site Terms, the
copyright notice and the Privacy Statement), together with price,
product and delivery details agreed between you and us, contains the
agreement between you and us in relation to the contract. These Terms
and Conditions apply to the exclusion of any contracts or terms
submitted, proposed or stipulated by you. Nothing in the contract shall
exclude or limit liability for fraud.
- A person who is not a party to the contract has no rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce a term of the