Terms and Conditions
Terms & Conditions
Thanks for visiting NotNiceThings. We’ll do all we can to ensure you have an enjoyable (albeit shocking) shopping experience, and that you are completely happy with your cards or gifts.
Now for the legal stuff:
These terms and conditions (the "Terms") set out your rights and obligations, and those of NotNiceThings.com Limited ("we" or "us"), in relation to this website, www.NotNiceThings.com (the "Website"), any NotNiceThings application that you access (the "App") and any products, services and material of any kind available through the Site, the App or us (the "Services").
NotNiceThings is a Ltd company registered in the United Kingdom.
When we refer to "NotNiceThings" in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
By registering with NotNiceThings, you accept that you are entering into a contract with us under these Terms. People who register with NotNiceThings establish an "Account", and become "Users". Visitors to NotNiceThings who do not register with NotNiceThings, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access NotNiceThings.
You must be at least 18 years of age to use this website.
If you do not agree to these Terms, you must not use this Website.
You should be aware that these Terms may change from time to time in accordance with section 13 below.
You will be able to access most areas of NotNiceThings without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 18 years or older.
- Trading details
Whenever you buy a product through this Website or the App, you will be contracting with NotNiceThings.com, a subsidiary of Embiem Trading incorporated in England and Wales.
Registered office: Not Nice Things, Unit 19533, PO Box 15113, Birmingham, B2 2NJ
Email address: ContactUs@NotNiceThings.com
- Ordering from us
3.1. Product description
We use our reasonable endeavours to make sure that every product on NotNiceThings is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
- The User places the order on the Site by pressing an order confirmation button ("Checkout") at the end of the checkout process: if the product in question includes content selected by the User it is a "personalised product"; if it is a standard product which does not include any content selected by the User it is the listed product as standard.
- By confirming your order, you are agreeing to purchase the product you have selected
- At this point, we take payment for your order by means of your nominated payment method
- We will send to you a "Thank you for your order" email detailing your order, and other information we must provide to you
From time to time, we may reject an order for the following reasons:
- If, unfortunately, we do not have your chosen product in stock
- Where we cannot obtain authorisation for your payment
- If there has been a relevant pricing or product description error
- If your order otherwise breaches any of the requirements of these Terms
- The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated
- If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules)
- We suspect that the order has been placed fraudulently
- It appears that the order mistakenly duplicates another order
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
If you do not agree to these Terms, you must not use this website.
3.3. Personalising products
NotNiceThings aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a personalised product is correct, and (for example) is correctly spelt. As a courtesy, we may allow you to make changes to your order, providing it hasn’t already been printed: if it is not possible to make the change on-screen (which depends upon the product ordered), then you will need to contact our Customer Service Team by email at ContactUs@NotNiceThings.com.
By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to NotNiceThings or the requirements of the product you have ordered (such as by cropping images).
3.4. Content Rules
We do not permit personalised products to include any content or material which:
- infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product
- infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
- contravenes any applicable law (including, without limitation, any criminal law) or regulation
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
- misrepresents identity or impersonates any person
- includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
- contains material which is which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- may harass, upset, embarrass or alarm any person
- gives the impression that it emanates from or has been approved by us
- advocates, promotes or assists any unlawful act
The above are our Content Rules.
3.5. Ordering multiple products
When ordering multiple products as part of the same order, NotNiceThings will inform you on-screen as to whether they will (or can) be despatched on the same day or as part of the same delivery.
At NotNiceThings, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.
- Supply and pricing of products
4.1. Supply of Products
The cards and other products sold by us through our Website are manufactured through from a range of different in-house and third-party production facilities based in the United Kingdom. All designs are created by NotNiceThings and are owned and property of NotNiceThings, and are not to be used by any other party or entity without clear, strict consent and approval.
4.3. Prices and VAT
All prices of products shown on the Website and the App include Value Added Tax at the prevailing rate.
4.4. Postage and packaging charges
For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
4.5. VAT Receipts
In most cases your order confirmation email contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice you can request this by emailing our team at ContactUs@NotNiceThings.com Please allow up to 10 working days for the full VAT invoice to be sent.
4.6. Substitute Products
Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.
During the order process, NotNiceThings will generally notify you of the despatch dates available and the expected timeframe for receiving your order; however, NotNiceThings does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.
Expected delivery times and charges will differ depending on which products you order. More details are set out below.
5.1. General despatch information
The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
- Your order is likely to arrive much faster if you use a postcode
- You can check that you have the correct postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. To state the obvious, we are not responsible for the accuracy of the Royal Mail's postcode finder
- It is your responsibility to ensure that the delivery address you provide for any order you place is correct
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
- Changing or cancelling an order
It is best to call us if you need to cancel or change your order -ContactUs@NotNiceThings.com. Please include your order number we can answer your query as quickly as possible. Cancellations will be arranged at our discretion, we will endeavour to do this providing your order has not already been printed and isn’t personalized.
Emails are answered during business hours (Monday - Friday 8.30am - 9.00pm) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes requested in the email.
- Returns and refunds
At NotNiceThings, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
We have different rules for returns of (a) personalised products and flowers, and (b) non- personalised products – see "Returning products and issuing refunds" below.
7.1. Reporting a problem
If for any reason you are not happy with your NotNiceThings order, please contact our Customer Service Team at ContactUs@NotNiceThings.com. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.
7.2. Returning products and issuing refunds
Personalised products: Cards, Mugs, Framed Cards, T-shirts, Alcohol Gifts, Canvas & Acrylics and Phone Cases
Where an item is faulty, we will ask you to return it to us within 5 days of receipt. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3, 'Personalising products', for more information.
Please be aware we are not liable for the return postage costs, however if you feel you have a mitigating circumstance please email your details to our service team.
- Use of the Website
8.1. Abuse of service
You agree not to use NotNiceThings directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
8.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by NotNiceThings's or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. "NotNiceThings" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.
You may use and access NotNiceThings to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from NotNiceThings.
No-one may copy, distribute, show in public or create any derivative work from NotNiceThings, or any of the material which is found on NotNiceThings unless properly licensed in writing by us to do so. You are not allowed to use NotNiceThings (or to copy or use any material found on NotNiceThings) for any commercial purpose other than to conduct the purchase of a product from NotNiceThings.
No-one may use any robot, spider, scraper or other automated means to access NotNiceThings for any purpose without our prior express written permission.
8.3. Website content and service access
We will always try to ensure that NotNiceThings is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We use reasonable care and skill to provide NotNiceThings in accordance with our specifications for NotNiceThings but:
- the Services are provided "as is"
- we cannot and do not guarantee that NotNiceThings or the Services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, future employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
- any loss or corruption of data
- any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, future 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 by you, your use of the Website, or anything done while your Account is logged into the Website.
The provisions of this section 9.5 shall survive the termination or expiry of these Terms.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access NotNiceThings, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using NotNiceThings if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
8.7. Contact from third parties
If anyone contacts us in relation to your or your Account's use of NotNiceThings or a transaction associated with you or your Account, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact
- to respond promptly and accurately to it, should we pass the message to you for a response
- Offers and Promotions
The offers and promotions which we make available on our Website can be revoked without warning and at our discretion.
These Terms are intended to contain your entire agreement with us relating to the Services, the Website.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and NotNiceThings shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new version on NotNiceThings. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, NotNiceThings, and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and NotNiceThings. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We don't separately file the Terms entered into by Users when they register for NotNiceThings. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
By submitting a review on NotNiceThings, you confirm and agree that:
- You are the sole author of the review – none of it has been copied from elsewhere;
- Your review is accurate and fair;
- You are at least 18 years old; and
- You grant NotNiceThings a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify your review.
You also agree you will not submit a review:
- That is known by you to be false, inaccurate or misleading;
- That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;
- That breaches any applicable law, or that advocates, promotes or assists any unlawful act
- That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory;
- That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- For which you were compensated or granted any consideration by any third party;
- That references any other website or service;
- That misrepresents identity or impersonates any person;
- That includes any personally identifying information about any person, such as their name, address, phone number, or email address;
- That is pornographic, obscene or indecent;
- That may harass, upset, embarrass or alarm any person; or
- That comments on any other reviewer
NotNiceThings reserves the right, in its absolute discretion, to:
- Decline to publish a review; and
- Remove a review for any reason
For any review that you submit, you grant NotNiceThings a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
By submitting your email address in connection with your rating and review, you agree that NotNiceThings and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
When we refer to "NotNiceThings" in these Terms, we mean NotNiceThings.com, the www.NotNiceThings.com site to the context.