Terms and Conditions

These terms and conditions apply to the website www.nineblackalps.com. By visiting this website and/or making a purchase you agree to be bound by these terms and conditions.

1. ORDERING FROM US

1.1 You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement, detailing the products you have ordered.

1.2 Our acceptance of an order takes place when we despatch the order. 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 your order.

1.3 We may refuse to accept an order:

(a) where items are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not confirm international shipping if required

2. PRICING

2.1 All prices include VAT at the current rates.

2.2 We charge separately for postage and packing and other relevant charges, the appropriate rates are shown on the Paypal checkout page.

2.3 Shipping outside of the UK requires an addtional charge of £3.00. We reserve the right to cancel the order if this charge is not added to your shopping basket.

2.4 Shipping costs will be reviewed periodically to maintain accurate costs and value for money. We regret that costs cannot be refunded if they go down after an order has been placed.

3. CANCELLATION AND RETURNS

3.1 If you wish to cancel your order:

(a) you can notify us by email to info@nineblackalps.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in their original, unused condition with the original packaging, within 14 days. Contact us at info@nineblackalps.com for return address and more information.

3.2 Upon receipt of the goods we will give you a full refund of the amount paid.

The provisions of clause 3 do not affect your statutory rights.

4. SERVICE ACCESS

4.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4.3 We accept no responsiblity for service access problems with Paypal, Paypal Shopping Cart, your Paylpal account, or any other site or page hosted by Paypal.

5. DISCLAIMER

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

5.2 The material on this 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 this Website.

6. LIABILITY

6.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and the partners, employees 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 this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this 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 this Website or your downloading of any material from this Website or any websites linked to this Website.

6.2 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.

6.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

6.4 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 this Website, or the use by any other person using your registration details.

7. GOVERNING LAW AND JURISDICTION

7.1 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.

7.2 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 this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

8. MISCELLANEOUS

8.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

8.2 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.

8.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.