Terms and conditions | Mr Nutcase

Customer Services

To contact our customer services team, please use the following details:

Nutcase Cases Limited:

Office 8

151 High Street

Southampton

Hampshire

UK

SO14 2BT

Tel: 08451771773

Email: office@mrnutcase.com

Delivery

At Mr Nutcase we aim to produce and dispatch our orders within one working day. We offer free delivery to everybody worldwide Shipping times inside the UK are aimed to be the next working day. Within Europe 3 to 4 working days, Outside Europe 4 to 7 working days. 

Returns

At Mr Nutcase  we want to make sure you are completely happy with your case. If for any reason you are not please email us on info@mrnutcase.com within 30 days of your purchase. On acceptance of this we will send you out a new case (exact same image and same case) but only after you have returned your case to our free postal address.

Terms and Conditions

These terms and conditions of use (“terms”) (together with our privacy policy contain the terms on which you may use this website www.mrnutcase.com (“site”), whether as a guest or as a registered user. Please read these terms carefully before you start using the site. By using the site you indicate that you accept these terms and that you agree to be legally bound by them. If you do not agree to these terms, please refrain from using the site. We recommend that you print off or save a local copy of the terms for your records.

Part 1    Site Terms of Use

 

Information About Us

 

www.mrnutcase.com is a site operated by Nutcase Cases Limited ("we / us / our"). We are registered in England and Wales under company number 07852074 and have our registered office at Nutcase Cases Office 8, 151 High Street, Southampton, Hampshire, SO14 2BT UK. Our VAT Registration number is: 162748883.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or change the information and/or the Products we offer on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to all users including those who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy as set out in 9 below.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.  

Availability

Our site is only intended for use by people resident in the countries listed on this page. We do not accept orders from individuals outside those Countries. Some restrictions are placed on the extent to which we accept orders from specific Countries. These restrictions can be found on our Serviced Countries page. Please review our Countries page before ordering Products from us.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and to the Products, and in the material published or broadcast on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are expressly reserved.

The material published and broadcast on the site may not be downloaded or copied.

You must not modify in any way any part of our site or the materials on it (including without limitation video content).

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You agree not to distribute any part or parts of the site or any of the materials on it without our prior written permission.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You agree that you will only access the site and any materials posted on it for your own personal, non-commercial use. You also agree not to use our site or any of the materials on it for the solicitation of business in the course of trade or in connection with a commercial enterprise.

If you print off, copy or download or use any part of our site or any materials posted on our site, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Release on information posted

All material and commentary posted on our site are for information purposes only. They are not intended to be relied on by you nor are they intended to amount to advice on which reliance should be placed.  

We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy below.  

You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty.  

Any material you upload to our site will be considered non-confidential and non-proprietary, and you grant us the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy below.

Acceptable use policy

You agree:

  • only to use our site for lawful purposes and not to upload any material that would constitute or encourage conduct that would be considered to be a criminal offence, would give rise to civil liability or would otherwise be contrary to the law or infringe the rights of any third party in any country in the world;
  • not to upload any material which 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;
  • not to upload any material for which you have not obtained all necessary licences and approvals; and
  • not to misuse the site as set out below.

Viruses, hacking and other offences:

  • You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
  • By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

  • You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link from any website that is not owned by you.
  • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above in our acceptable use policy.
  • If you wish to make any use of material on our site other than that set out above, please address your request to support@nut-case.co.uk.

Links from our site

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  
  • We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  Supply of Products

Your Status

By placing an order through our site, you warrant that:

  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old;
  • you are resident in one of the Countries;
  • you are accessing our site from that Country.
  • We do not accept orders from addresses outside of our list of countries.
  • How The Contract Is Formed Between You And Us
  • After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
  • The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Consumer Rights

  • If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 19 below.
  • To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  • You will not have any right to cancel a Contract for the supply of any of the following Products:
  • Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other rights under law.

Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Risk and Title

The Products will be your responsibility from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and Payment

  • The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
  • Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
  • Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
  • Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
  • If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
  • Payment for all Products must be by credit or debit card. We accept payment with [Mastercard, VISA, VISA Electron]. 

Our Refunds Policy

Because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us. For any other reason we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Exclusion of Warranties

Without prejudice to any rights a consumer may have in law, we hereby expressly exclude all statutory and common law warranties insofar as is permissible by law.

Our Liability

Subject to clause 21.3, if we fail to comply with these terms, we shall only be liable to you for the purchase price of the Products and, subject to clause 21.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Subject to clause 21.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

  • loss of income or revenue;
  • loss of business;
  • loss of profits;
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time.
  • Nothing in this agreement excludes or limits our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; defective products under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Import Duty

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. The contents of this paragraph do not affect your statutory rights.

Notices

All notices given by you to us must be given to Nutcase Cases Limited at info@:mrnutcasecom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 23 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.


Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 24 above.

Severability

If any court or competent authority decides that any of the provisions of these terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Changes to these Terms

We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Jurisdiction and applicable law

These terms are governed by the laws of England and Wales and any disputes arising out of, under or in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.

Third Party Rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Virtual Gift Card Mr Nutcase Virtual Gift Cards are sold subject to the following terms and conditions:

Virtual Gift Cards are valid for 12 months from the date of purchase.

Virtual Gift Cards are non-transferable and cannot be returned or redeemed for cash.

If your order total exceeds the face value of the Virtual Gift Card, the remaining balances exceeding the value of your Virtual Gift Card must be paid during checkout.

Virtual Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been accepted by Mr Nutcase  A notification e-mail will be sent to the purchaser as confirmation.

Mr Nutcase is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

Mr Nutcase is not responsible if a Virtual Gift Card is lost, stolen, destroyed or used without permission.

Mr Nutcase reserves the right to cancel a Virtual Gift Card if we deem such action necessary.

Promotion codes cannot be applied to the purchase of Virtual Gift Cards.

Sales tax and shipping is applicable on any products purchased with a Mr Nutcase Virtual Gift Card.

Your Concerns

If you have any concerns about material which appears on our site, please contact info@mrnutcase.com.

Thank you for using our site.