Automatic Shipment Terms and Conditions
This website is operated by Nikken UK Limited (referred to as "Nikken/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below which includes any other important sections e.g. Order Information, Delivery Information, Returns Information, Security and Privacy. You will also find other useful information on FAQs.
1.1 We reserve the right to change these terms and conditions at any time.
Nikken UK Limited endeavours to ensure that the information contained in this website is correct but does not accept liability for any error or omission. The development of Nikken products is continuous and published information may not be up to date. Any such changes will take effect when posted on the website and you are therefore advised to check the current position on each occasion you use this website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
1.2 Trade orders are not accepted.
1.3 Your continued or future access to this website is confirmation that you understand and accept these terms.
2 Licence for website access
2.1 Nikken UK Limited grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nikken UK Limited. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
2.2 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
2.3 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Nikken, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. Any unauthorised and/or unlawful use terminates the permission or license granted by Nikken UK Limited.
3 Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Please review our Privacy Statement which also governs your visit to www.nikkenwellbeing.co.uk, to understand our practices.
5.1 Orders submitted via this website are placed in accordance with Nikken's terms and conditions (which Nikken has the right to alter from time to time in its discretion) current at the time the order is accepted by Nikken. The 'confirmation' stage sets out the final details of your order. Following this, we will give to you an on-screen order acknowledgement detailing the products you have ordered. Please note that this acknowledgement is not an order confirmation or order acceptance from Nikken.
5.2 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Order Information).
5.3 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders, please contact Nikken Customer Services Department.
The following terms relate specifically to the Automatic Shipment programme and may therefore vary from the general Terms and Conditions.
You are advised to study these terms carefully before committing to the programme.
5.4 Programme Qualification
In order to qualify for the programme, you need to have previously purchased a Nikken product from this website.
Subscribers to Automatic Shipment will receive a discount on the normal retail price on products, subject to the minimum commitment of 3 months.
5.6 Credit card purchases
In the event that your credit card purchase is declined and we are unable to take payment for your order, we will send you an email to notify you of the problem.
We will resubmit the order for payment approximately 48 hours after the initial decline to allow the customer to contact their bank. If the card still declines, the current order will be cancelled and the next order will be submitted for payment on the due date. It is your responsibility to ensure that your credit card is valid.
5.7 Order generation schedule
The first order will be placed immediately after a successful subscription. Subsequent orders will be generated 30 days thereafter (on the nearest working day) up until 25th of each month. Any orders originating after 25th of each month, will be generated by 25th of the following month. This allows the facility to attempt payment for any declined or rejected credit cards 48 hours after the generation date and they will still remain in the current month. The order shipment date will be two to three working days after the order generation date. Only one order will be generated per calendar month.
5.8 Order Cancellation
You will only be able to cancel your order after the minimum contract period of 3 months has been completed if you do not invoke your cancellation rights as described below.
6.1 Please note that if you have registered with a UK address we deliver within the UK only.
6.2 Delivery charges are specified in the Delivery Information section and also when you place an order. We make every effort to have the goods delivered within three to five working days of order confirmation,however delays are occasionally inevitable due to unforeseen factors and all goods and products are subject to availability. Nikken shall be under no liability for any delay or failure to deliver the products within estimated timescales.
6.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery.
6.4 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. A full refund will be given where you have already paid for goods that are no longer available.
6.5 The price you pay is the price displayed on this website at the time we receive your order. No other prices published by Nikken are applicable to these items. The following exception applies:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
6.6 Payment can be made by credit card only. Unfortunately, we cannot accept payment sent in the form of cash, bank transfer or cheques. We accept no responsibility for loss. The goods will normally be despatched shortly after your card has been charged.
6.7 Should your credit card have insufficient credit, we reserve the right to invoice you for the costs incurred in making requests for payment.
6.8 Goods remain the property of Nikken UK Limited until payment has been received in full.
All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
7 Returns and Refunds
7.1 We want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items. That's why under our 14-day returns guarantee, if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 14 days of the date we confirmed your order. Or if it is later, you can withdraw from the purchase of an item within nine working days of the day after the date the item is delivered.
7.2 To cancel your purchase within the nine-working-day cooling-off period, please contact the Customer Services Department on 0845 458 2744 (local rate) quoting your customer I.D. and order number.
7.3 For return shipment the goods must be securely packaged with their original packaging and sent to Nikken. If you return the goods, the contract is cancelled and we will refund the relevant part of the purchase price for the goods together with the itemsвЂ™ normal postage charge once the delivered goods have been returned. Should the goods show signs of damage on return, we reserve the right to claim for compensation.
7.4 We regret that we cannot accept cancellations of contracts for purchase of video, audio, DVD and software materials and food supplements where the item has been unsealed. We can only accept the return of opened items if they are faulty.
7.5 Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error, or if the item is damaged or defective. For your protection, we recommend that you use a recorded-delivery service if the value of the return is more than 50.00.
7.6 If a shipment is refused for any reason, or if a shipment is returned to our warehouse as undelivered or not collected from the Post Office, we reserve the right to charge a fee of 7.49 to have those goods re-sent to you or deduct this amount from any refunds applicable
7.7 For returns of damaged or faulty goods, and substitutions please see Returns Information.
8 Copyright and database rights
8.1 All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nikken UK Limited, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Nikken UK Limited and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Nikken UK Limited, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
8.2 You may not systematically extract and/or re-utilise parts of the contents of the website without Nikken UK LimitedвЂ™s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Nikken UK LimitedвЂ™s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Nikken UK Limited's express written consent.
9 Limitation of Liability
9.1 Whilst Nikken endeavour to ensure that all information contained in this website is correct, use of any information obtained herefrom is at your own risk. This website is provided on an "as is" basis without any warranties, express or implied, including but not limited to, any warranty of merchantability or fitness of this website for any particular purpose, to the fullest extent that such warranties may be excluded by law.
9.2 Nikken shall not be liable to you for any loss, damage, liability, claim or expense (whether in contract or tort) arising out of or in connection with your use of, or any difficulties you may have in accessing, the website or its content to the fullest extent to which such liability may be excluded by law. In no event shall Nikken be liable to you for any indirect, incidental, exemplary, punitive or consequential losses or damages arising out of or in relation to your use of the website or its content. Nothing in these terms and conditions excludes or limits NikkenвЂ™s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
9.3 Without prejudice to the generality of the foregoing, Nikken attempt to provide a constructive interactive service but shall not be responsible for the acts, defaults, misconduct or negligence of any of our authorised users including any information or misinformation that may be transmitted by any of them on the website. We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9.4 Nikken shall not be liable for any defect or failure in the performance of the website for reasons beyond Nikken's control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party's access line or any event of force majeure.
9.5 No failure or omission by Nikken to carry out any of the provisions of this agreement shall give rise to any claim against us or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond our control and if we are unable to fulfil our obligations in such circumstances our obligations shall be suspended.
9.6 Notwithstanding the above, subject to Section 9.1 NikkenвЂ™s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
9.7 This clause 9 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
10.1 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
10.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Nikken.
10.4 Nikken reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. Other than under the terms of this clause 10.4, these terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the UK Contracts (Rights of Third Parties) Act 1999). However, no consent from the persons referred to in this clause 10.4 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
Failure or delay by Nikken to enforce any of the provisions of these terms and conditions, or failure to exercise any powers, rights or remedies shall not be construed as a waiver of such, and shall not affect the right of the company thereafter to enforce each and every provision. Any waiver must be in writing and signed by an authorised officer of Nikken.
10.6 These terms and conditions shall constitute the whole agreement between you and Nikken relating to the use of this website (including the order of products) and supersede all prior representations, understandings and agreements between you and us.
10.7 Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
This Nikken website is operated by:
Nikken UK Limited
1 Deltic Avenue
Registered in England No. 03151671
VAT number 676 0236 32
Nikken is a member of the Direct Selling Association. To back up our total commitment to consumer satisfaction, the DSA operates a dispute resolution service for any consumer who is not satisfied with NikkenвЂ™s resolution to a given dispute (www.dsa.org.uk)