Customer Terms and Conditions
IMPORTANT NOTICE: as well as reading these terms and conditions, you should make yourself familiar with any terms and conditions that an individual shop selling through this website might have in place and which are provided on their own separate website page before placing an order.
Welcome to NearSt.
- Any changes we may make to these terms and conditions in the future will be posted on this page. Please check back to this page frequently to see any updates or changes to the terms and conditions.
- By using the Website, you accept the terms and conditions and agree to be bound by them. If you don't accept them, you may not use the Website.
2. Information about NearSt
- The Website is operated by NearSt Ltd ('we', 'us' or 'NearSt'), a UK Limited company registered in England under company number 09524010.
- Some important details about us:
- Our registered office is at: 14 Dufferin Street, London, EC1Y 8PD, U.K.; and
- Our VAT number is: GB 219 9102 09.
3. Your Use of the Site
- We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
- We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. NearSt may suspend, withdraw, discontinue or change all or any part of the Website without notice. NearSt will not be liable to you if for any reason the Website is unavailable at any time or for any period.
- If you register for a NearSt Account, you will be asked to choose a username and password. Each time you seek to access your NearSt Account, we will check your identity by asking for your account details. As long as your correct account details are entered, we will assume that you are the person giving instructions and you will be liable for those instructions unless you notify us otherwise at the email address set out in clause 14.
- You are solely responsible for your NearSt Account details. You may not post, transmit or share your NearSt Account details on the Website or otherwise. You understand and agree that we may, but are not obligated to, delete or remove (without notice) any NearSt Account details in our sole and absolute discretion, for any reason, or no reason.
- You must not misuse the Website and you agree to follow our acceptable use policy https://near.st/acceptableuse.
- You may only use the Website for your personal use on a device that you own or control. You may not modify, copy, publish, license, sell or otherwise commercialise the Website or any content on it or use it in such a way that could impair the Website in any way or interfere with any third party's use of it.
4. Placing Orders
- You may use the Website to browse, search for and purchase goods from the shops which are listed on our Website (the "Shop(s)"). Each order you place through the Website shall be deemed to be an offer by you to purchase the product(s). As and when you decide to purchase products from the Website, the resulting contract is between you and the Shop. The contract is made up of these terms and conditions and the confirmation email provided to you by the Shop via our communication feature available from time to time on the Website or us. NearSt has no responsibility for the performance of any such contract.
- We cannot give any undertaking that products listed on the Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permissible by law. This disclaimer does not affect your statutory rights against the Shop however.
- The Shop is responsible for the accuracy of its inventory which it lists on the Website and you acknowledge and accept that due to possible limits of the capabilities of the Shop's inventory system, the exact quantity of products the Shop has in stock may be different to the quantity according to the database file provided to us and set out on the Website. We do not review or control, and are not responsible in any way for, listings provided by Shops and at no time do we possess any products offered for sale on the Website.
- We may carry out maintenance on the Website from time to time, during which periods the Website may be inaccessible and you will be unable to complete orders. While we will endeavour to provide you with notice in advance of these periods of downtime, we make no guarantee that we will be able to do so and we cannot be held liable for any losses incurred from being unable to complete a purchase.
- We may refuse to process an order placed through the Website at any time in our sole discretion. We will not be liable to you or any third party by reason of so refusing or by suspending or cancelling an order if we have started to process it.
5. Paying for Orders
- You will pay for your order using our online payment provider, Braintree (part of PayPal (Europe) S.a.r.l et Cie, S.c.A., a limited liability partnership registered as number R.C.S Luxembourg B 118 349 whose registered office is at 22-24 Boulevard Royal, L-2449, Luxembourg) or such other payment provider nominated by NearSt from time to time which provides NearSt with the ability to accept credit and debit card payments on the Website (the "Online Payment Provider").
- Where you select to pick up your order from the Shop, the Shop will set aside your order for a period not exceeding 14 days. Our Online Payment Provider will complete payment for the order at the moment the shop has confirmed the order.
- Where you select to have your order delivered to you, we will arrange for a courier service to collect the order from the Shop on your behalf. We accept no liability for the performance of the courier and we encourage you to contact us if your order is not delivered to you using the methods set out at clause 8.
- The Shop is responsible for all the elements of the processes by which you:
- collect your order from the Shop
- return part or all of your order to the Shop for whatever reason; and
- disputes any matter relating to your order.
6. Returns and Cancellations
- You may exercise your right to cancel an order you place through the Website in the 14 day period which follows the completion of your order by sending an email to email@example.com. If you exercise your withdrawal rights, any money you have paid in accordance with clause 5 above, will be returned to you via our Online Payment Provider within 3 business days of the Shop confirming receipt of the returned items in an acceptable condition.
- All returns must be sent to the Shop from which the items were originally purchased. Do not send any returned items to NearSt directly.
- If you need to discuss or organise a return, exchange or refund of any product you have purchased through the Website, please contact NearSt customer support by sending an email to firstname.lastname@example.org, at which point we will provide appropriate instructions.
- Unless faulty, we are unable to accept returns of any hygiene products where the hygiene seal has been broken, perishable goods, organic goods, products that have been used, products returned without original packaging, or products that have otherwise been returned in an unusable condition.
- Where you have chosen to return a product that is not faulty, it is your responsibility to pay for any return postal costs. We strongly recommend all returned items be posted via a postal method that includes proof of delivery and is insured up to the full value of the items being returned. You may also choose to return the goods to the shop in-person.
- Neither NearSt nor the Shop shall be liable for any items lost in postage.
- NearSt will pay for return delivery costs for any items that have been delivered in a faulty condition. You must agree the delivery method and cost with NearSt customer support via email prior to returning any items. NearSt shall not be liable for any costs incurred by you on return delivery that have not been agreed in advance.
- Refunds will only be credited to the payment method originally used to purchase the item(s) via our Online Payment Provider, within 3 working days of NearSt receiving confirmation of returned items from the Shop.
- While we will endeavour to help resolve any disputes arising between you and a Shop, we are not liable for settling these disputes nor for any financial losses which you may incur as a result of such a dispute.
7. Intellectual Property Rights
- NearSt is the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved
- You may print off one copy and may download extracts of any page(s) from the Website for your personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- The status of NearSt (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
- If you breach these terms and conditions, your right to use the Website will cease immediately and you must return and/or destroy any copies of the content you have made.
8. Our Responsibility to You
- To the fullest extent permitted by law, we disclaim responsibility for any harm resulting from your use of the Website.
- We make no guarantee as to the content of the Website which is provided "as is" and we disclaim to the fullest extent permitted by law, all express implied and statutory warranties.
- We do not limit or exclude our responsibility to you for death or personal injury resulting from our negligence, responsibility for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by law.
9. Customer Care Team
- Customer care is very important to NearSt. Our Customer care team will therefore try and assist you, where possible, if you experience a problem with an Order.
- You can contact the Customer care team by clicking or selecting the "Need help?", "Help" or similar button as may be in place from time to time or by calling the telephone number displayed on the Website.
- If you have any questions about an Order, you can contact the Customer care team as described above where upon one of our Customer care advisors will try and assist you, and where appropriate, will attempt to contact the Shop to answer your query.
10. Customer Reviews
- The Website provides a system, which may be obtained and/or facilitated by a third party service provider selected by NearSt (the "Third Party"), whereby customers are able to review the products they have ordered along with the Shop from which they have made an Order ("Customer Reviews").
- At the moment, Customer Reviews are stored electronically by NearSt but are not made public on the Website. However, NearSt reserves the right to make public Customer Reviews in the future and by using the Website you agree that:
- NearSt may use the content of Customer Reviews for marketing purposes;
- NearSt and/or the Third Party may, in its discretion post on the Website any and all Customer Reviews relating to an order for a period of up to two years after NearSt and/or the Third Party receives the Customer Review;
- you will not submit a Customer Review which:
- breaches any applicable local, national or international law;
- is unlawful or fraudulent;
- amounts to unauthorised advertising;
- contains viruses or any other harmful programs; or
- contains any material which is or may be construed as offensive, defamatory or unlawful; and
- any material or Customer Review which is uploaded to the Website will be done so in accordance with our acceptable use policy which you can find at https://near.st/acceptableuse. We have the right to remove any material or Customer Review which we, in our sole discretion, think breaches these terms and conditions and/or our acceptable use policy.
11. Computer Offences
- You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. If you breach this term, your right to use the Website will be terminated immediately. We will report you to the relevant authorities and provide them with the information which we have about you.
- You must not try to get access to the Website or our server(s) or any connected database or make any 'attack' on the Website. We are not legally responsible to you for any damage from viruses or other harmful material that you pick up via the Website.
12. Applicable Law
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction over any dispute, for which purpose the parties irrevocably agree to submit to such jurisdiction.
13. Contact Us
Please email us at email@example.com to contact us about any issues or queries you may have in relation to these terms and conditions or the Website.