Terms and conditions

General

 

1. Your contract for purchases made through the Site is with NitroKey.com, and you undertake that any and all goods ordered by you are for your own private use only.

2. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.

3. 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.

4. No contract for the sale of any product will subsist between you and NitroKey.com until NitroKey.com dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by NitroKey.com of your offer to buy goods from NitroKey.com or a third party supplier that is engaged on your behalf by NitroKey.com (whether or not you receive that e-mail).

5. You agree that e-mail can be used as a long-distance means of communication.

6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.

7. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 41 below from time to time.

8. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

9. NitroKey.com will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.

10. You undertake that all details you provide to NitroKey.com for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

11. If there are any changes to the details supplied by you it is your responsibility to inform NitroKey.com as soon as possible.

12. All purchases are non-exchangeable, non-refundable and non-transferable.

13. All pictures of products are for illustration purposes only. There may be small cosmetic or material differences between the pictures of the product on NitroKey.com and its actual appearance. These are due to revisions made by manufacturers.The functionality of the product will not change. By ordering from NitroKey.com you accept that the product you receive will be similar but not necessarily identical to that pictured. You may contact NitroKey.com for a current picture of the product prior to ordering.

 

Liability

14. If your order is despatched by courier you will receive tracking details from the courier. You agree that we can pass your email address to FedEx so they may send you tracking information.

15. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether.

16. NitroKey.com will do its best to correct errors and omissions as quickly as practicable after being notified of them.

17. TO THE FULLEST EXTENT PERMITTED BY LAW, NitroKey.COM IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NitroKey.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

18. All NitroKey.com products (with the exception of software which will be delivered by email) are delivered by a signed for service, you must ensure the contents of the package are correct before signing for it. By signing for the package, your are accepting the contents of the package are correct. Should the contents of the delivery not be correct please reject it and notify us by email at NitroKey.com with the reason for rejection including what was missing or incorrect. We will then re-ship your order once the rejected package is retunred to us by the courier. Should we receive the rejected package and all contents be correct, we reserve the right to charge you for any fee's the courier may charge us. This will not be more then the original shipping cost of your order.

19. You and NitroKey.com will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

20. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, NitroKey.com do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from NitroKey.com.

 

Processing of orders

 

21. Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.

22. NitroKey.com aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. NitroKey.com are not able to supply dates our suppliers may get an item in stock.

23. NitroKey.com aims to dispatch electronically delivered (via email) products such as software as soon as payment has been verified. NitroKey.com cannot warrant the time email delivery may take as it is outside of our control.

 

Delivery/title/risk

24. The period stated within which you will receive your order is approximate. Goods will be sent to the address (physical or email) given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.

25. Title to any product ordered will pass to you once NitroKey.com has received payment in full for that product. Risk in any product ordered will pass upon shipment to you.

26. If your delivery address is outside of the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; NitroKey.com advises each customer to contact their local customs office for further information.

27. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

28. For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

29. For goods delivered by electronic means such as email, it is imperative you provide us the correct email address. It is also important you ensure spam filters or other similar software allows emails from NitroKey.com to be delivered to your inbox.

 

Miscellaneous

30. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

31. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

32. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

33. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

34. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

35. Subject to the licence granted to you to use the Site, NitroKey.com reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of NitroKey.com and its affiliates’ trademarks, trade and business names and service marks under this Agreement will vest in NitroKey.com and its affiliates, as appropriate.

36. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. NitroKey.com tracks the electronic ‘fingerprints’ of every order placed on NitroKey.com to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

37. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
a. you fail to make any payment to us when due;
b. you breach the terms of this Agreement (repeatedly or otherwise);
c. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
d. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

 

38. NitroKey.com may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users 24 hours following posting of the amended version on the Site. Your continued use of the Site following NitroKey.com’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

39. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between NitroKey.com and you relating to your purchase. NitroKey.com advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by NitroKey.com. We will store a copy of the contract entered into by you with NitroKey.com. You are advised to read (and are responsible for reading) fully all information on this website.

40. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

41. These Terms are subject to the laws and exclusive jurisdiction of England.