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Terms and conditions Nobody Called Today
Last updated: 11th of July, 2024
Who we are
This Nobody Called Today website (hereinafter the “Site”) is published and operated by the team behind Nobody Called Today (Leon Kingma & Mirthe Dieterman) with use of Strato, WordPress and WooCommerce.
How to contact us
You may find everything you need to know about us and our products on our website before you order. For any request concerning a product or service, for any suggestions, information, reactions concerning this site, or complaints, please contact us by email: info@nobodycalledtoday.com.
Site hosting is provided by Strato.
Our Customer Care team will do their best to resolve any problems or complaints you have with us or our products promptly.
1. Acceptance of Terms.
1.1 Overview. The following terms and conditions (these “Terms”) govern all use by users or visitors of: (i) the Nobody Called Today website; (ii) any and all services or communications available on or through the Website, or otherwise provided by Nobody Called Today, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles; and (iii) any other engagement with Nobody Called Today online and offline, such as when you mail our customer care service (collectively, the “Services”), where permitted by law. The Services are owned and operated by Nobody Called Today and any reference to the “Services” herein includes a reference to any part or component of the Services. Where permitted by law, please note that the Return Policy and Payment Information Policy, as amended from time to time, provide additional terms governing the purchase of products through the Services, and are incorporated in these Terms by reference. Where permitted by law, the Purchase Conditions set out in Sections 16 to 26 take precedence over the Service Conditions provisions in Section 4 to 15 of these Terms. Nobody Called Today provides the Services for your personal use. By using the Services, you agree to these Terms applicable between you and Nobody Called Today and you should print and keep a copy of these terms and conditions for your records.
If you do not agree to these terms and conditions (including all additional terms), then please do not use our services.
1.2 Modification. Where permitted by law, Nobody Called Today reserves the right to modify or change any of these Terms at any time (including the terms of any additional site policies, guidelines, rules, or legal terms posted on this Site). Where required by law we will inform you of any changes to these Terms and Conditions of Use prior to their entry into force. You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Information on the amendment of these Terms will be made available to you no later than 14 days before the introduction of the amended Terms. In the event that you do not accept the new Terms, you must notify Nobody Called Today about this fact within 14 days from the date of notification of the change in the Terms. Where permitted by law, your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Services.
2. Minors.
2.1 Permission. You confirm that you are using your own identity at all times when using the Services and ensure that all information you provide is accurate and up to date to the best of your knowledge. If you are under the age of 18 at the date of using the Services, you should not use our Services, register on this Website, or otherwise provide any data without the permission of your parent or guardian.
2.2 Supervision. To the extent permitted by law, if you are the parent or guardian of a child under the age of 18, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not Nobody Called Today, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.
2.3 Right to cancel. If you are under the age of 18 at the date of using the Services and you have entered into these Terms without the permission of your parent or legal guardian, then you or your parent or legal guardian may cancel your agreement to these Terms.
3. Applicable Law and Jurisdiction.
3.1 To the extent permitted by law, these Terms shall be governed by Dutch law and either party may bring legal proceedings in respect of the products in the NL courts.
3.2 Severability. If a court finds part of this contract unlawful, the rest of it will still apply. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. Your Use of the Services.
4.1 The Services. You are required to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules, and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services, where permitted by law.
4.2 Modifications / Suspension of Services. To the extent permitted by law, Nobody Called Today reserves the right at any time to, and from time to time may, modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) or your access to the Services for any reason or no reason with or without notice. To the extent permitted by law, you agree that Nobody Called Today shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
5. Registered Users.
5.1 You are not obligated to register with us in order to access the Services. However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”). However, purchases may be made by non-Registered Users. You are not allowed to sell, transfer, license, or assign your account, credentials, or any account rights. You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. To the extent permitted by law, you agree that you are responsible for all activities that occur under your Registered User account.
5.2 As a Registered User, you are required to keep your password secret and secure. Nobody Called Today may suspend or terminate your access to your account if Nobody Called Today has reasonable grounds to believe that unauthorised third parties have access to your password or otherwise have access to your account. You are also required to promptly notify us if you become aware of any unauthorised use of your credentials, or any other breach of security involving or relating to the Services by emailing us at info@nobodycalledtoday.com. Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section.
To the maximum extent permitted by law, we explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
6. Trademark Information.
The copyright and other ownership rights in the Services including, but not limited to, all names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are owned by Nobody Called Today or its licensors or suppliers (collectively, the “Trademarks”). The Trademarks may not be used to disparage or discredit Nobody Called Today, any third party of Nobody Called Today or any third party products or services, or in any manner (in Nobody Called Today’s sole judgment, where permitted by law) that may damage any goodwill in the Trademarks or may cause confusion. You must not in any way copy, reproduce, or use any Trademarks in relation to the Services.
7. Site Content.
7.1 Ownership of Site Content. All material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Nobody Called Today in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Nobody Called Today owns the Site Content or portions of the Site Content may be made available to Nobody Called Today through arrangements with third parties. At no time shall any rights, title, or interest in the intellectual property rights pass to you.
7.2 Your Use of Site Content. Nobody Called Today grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of Nobody Called Today or the copyright holder identified in the relevant copyright notice. Any rights not expressly granted herein are reserved.
8. User Content.
8.1 In using the Services, you may provide and/or post content, including product reviews, comments or suggestions, photographs, videos, communications and/or other materials (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, you are required to ensure that any User Content posted by you, is owned by you, and that you have all necessary rights to post such User Content via our Services. You are required to ensure that any User Content you post, publish, display, or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, breaches these Terms.
8.2 By uploading User Content, you grant to Nobody Called Today and our service providers, and represent and warrant, where permitted by law, that you have all rights and authority necessary to grant, a royalty-free, irrevocable, and unrestricted right and worldwide license for the maximum possible duration under applicable copyright law (i) to use, reproduce, display, modify, adapt, publish, translate, transmit, and distribute, or otherwise make available to others such User Content, and / or to incorporate it in other works in any form, media, or technology. You also hereby grant each user of the Services a non-exclusive, royalty-free license to use such User Content as permitted through the functionality of the Services and under these Terms. You also agree that Nobody Called Today is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose, where permitted by law.
10. Third Party Links.
The Services may contain hyperlinks to sites, services, or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.
11. Restricted Conduct.
Except as otherwise expressly authorized in these Terms, you agree not to do any of the following:
- Use the Services to Post, upload, share, transmit, distribute, facilitate distribution, or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar, or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
- Impersonate any person or entity, including without limitation any representative of Nobody Called Today; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Nobody Called Today endorses any statement you make;
- Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment via or using the Services;
- Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services;
- Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
- Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
- Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
- Breach any applicable laws or regulations;
- Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair, or otherwise negatively affect the functionality of the Services or Nobody Called Today’s network or computer systems;
- Assist, permit, or encourage any persons in engaging or to engage in any of the activities described above.
12. Indemnity.
To the extent permitted by law, you agree to defend, indemnify, and hold Nobody Called Today and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses, or damage of any nature whatsoever, including, without limitation reasonable legal fees and court costs, arising from any claim, cause of action, demand, or claim by any third party, related to or arising out of a breach of these Terms. Nobody Called Today reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Nobody Called Today’s defense of such matter.
13. Termination.
13.1 Termination of Your Use of the Services. Nobody Called Today may terminate or block your use of our Services if you breach these Terms or are engaged in illegal or fraudulent use of the Services. Where permitted by law, you agree that any termination of your use of the Services may be effected without prior notice. Further, you agree that, to the maximum extent permitted by law, Nobody Called Today shall not be liable to you or any third party for any termination of your use or otherwise access to the Services under this Section.
13.2 Survival After Termination. The following provisions of these Terms shall survive termination of your right to use the Services: Section 3 (Applicable Law and Competent Jurisdiction), Section 6 (Trademark Information); Section 7 (Site Content); Section 8 (User Content); Section 12 (Indemnity); Section 14 (Disclaimers); Section 15 (Limitation of Liability regarding Service); and Section 16 (Release). Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.
14. Disclaimers.
14.1 Services Warranties. THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. NOBODY CALLED TODAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOBODY CALLED TODAY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND ITS CONTENTS. NOBODY CALLED TODAY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, NOBODY CALLED TODAY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE. YOU ACKNOWLEDGE THAT NOBODY CALLED TODAY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14.2 Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of Nobody Called Today and any of its affiliates. They are neither a legal interpretation nor a statement of any Nobody Called Today policy as the case may be. To the maximum extent permitted by law, neither Nobody called Today nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither Nobody Called Today nor its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy, or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Nobody Called Today and/or the publisher. All rights reserved.
15. Limitation of Liability regarding SERVICES.
TO THE EXTENT PERMITTED BY LAW, NOBODY CALLED TODAY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOBODY CALLED TODAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND NOBODY CALLED TODAY’S REASONABLE CONTROL. WITH RESPECT TO USER CONTENT OR STATEMENTS, NOBODY CALLED TODAY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, AND TO THE EXTENT PERMITTED BY LAW, NOBODY CALLED TODAY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTHING IN THESE CONDITIONS, HOWEVER, SHALL LIMIT OR EXCLUDE NOBODY CALLED TODAY’S RESPONSIBILITY FOR FRAUDULENT REPRESENTATIONS MADE BY US OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR WILLFUL MISCONDUCT.
These Terms do not affect the Consumer’s legal right to have goods sent or Services provided within a reasonable time or to receive a refund if ordered goods or services cannot be delivered within a reasonable time owing to a cause beyond our reasonable control.
16. Release.
Nobody Called Today does not guarantee that the Services will always be available or be free from error, virus, or similar. Nevertheless, this cannot be always guaranteed by the nature of the internet system, because of technical suspensions or restrictions that may take place, related or not to repairs, maintenance, or new services being carried out.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOBODY CALLED TODAY AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. TO THE EXTENT PERMITTED BY LAW, RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Terms and Conditions Applicable to your Purchases
1. Scope
Nobody Called Today (“Nobody Called Today”, “we”, “us”, “our”), sells and distributes the products offered in its online shop at www.nobodycalledtoday.com (“Online Shop”) according to the following purchase conditions for customers located in the European Union (“Purchase Conditions”). If you complete an order in the Online Shop, you may be asked to agree to these Purchase Conditions. In case of conflict between the Services Conditions and the Purchase Conditions, the Purchase Conditions shall take precedence.
2. User Account
In the course of your first order in the Online Shop you will be able to purchase products as a guest user or by creating a Nobody Called Today user account (see Section 5 above). Such a user account can store your order data (such as invoicing and shipping address as well payment methods). In case you log-in with your user credentials you do not have to re-enter your invoicing and shipping information as well as certain payment information for future orders.
3. Conclusion of Contract and Information on the Ordering Process
3.1 Nobody Called Today’s product offers in the Online Shop are non-binding and merely provide an opportunity to you to place an order for such products.
3.2 After having selected one or more products in the Online Shop by placing the product(s) into your shopping cart, you will be asked to provide certain information, such as your invoicing and shipping information, preferred shipping method and payment information. Before completing your order, all products selected, the total price (inclusive of taxes, as well as, where applicable, all delivery or postal charges and any other costs) and all information provided by you will be displayed in an order summary for your review and confirmation. If needed, you can review the details of your order and, if necessary, correct any input errors before placing the order.
3.3. By clicking on “Complete Purchase” below the order summary, you submit your order and, thus, a legally binding offer to Nobody Called Today for the purchase of the selected product(s) and agree to be bound by these Terms. Nobody Called Today reserves the right to accept or deny your offer for this purchase.
3.4 Immediately after submitting the order, you will receive an order confirmation via email from us. This order confirmation email solely confirms receipt of your order and it does not confirm our acceptance of your order and thereby a conclusion of a purchase contract for the ordered product(s).
3.5 After receipt of your order, we will re-confirm that the selected products are available and can be sold and delivered to you. Once this process has been completed, we will confirm via email whether the products will be shipped to you. Such a shipping confirmation email results in the acceptance of your order and in the conclusion of a purchase contract between you and Nobody Called Today based on these Purchase Conditions and the order you submitted.
3.6 If Nobody Called Today cannot accept your order, we will inform you accordingly. In this case, a purchase contract will not be concluded between you and Nobody Called Today..
3.7 The contract terms will be stored by Nobody Called Today after the conclusion of the contract and may no longer be accessible to you via the Online Shop. Please retain the emails provided by Nobody Called Today relating to your order as they contain the relevant contract terms.
4. Delivery
4.1 Delivery periods and the time for delivery are provided in our Shipping Policy.
4.2 The products will be shipped to addresses pursuant to our Shipping Policy.
4.3 The delivery address stated by you and confirmed by Nobody Called Today via e-mail shall be considered the correct address for the delivery of the products.
4.4 If you wish to order products to be delivered to various addresses, you will need to submit a separate order for each product and corresponding delivery address. Nobody Called Today cannot deliver an order to multiple delivery addresses. Any order containing multiple products will be delivered in full to the delivery address provided by you as detailed above.
4.5 The type of delivery, average delivery time, and relevant prices offered by Nobody Called Today are given in our Shipping Policy. Time of delivery is indicative, and any delivery or dispatch dates provided shall be executed in accordance with Dutch law. Please note that time is not of the essence for delivery or performance and all delivery dates provided via the website and in any correspondence are estimates only. Nobody Called Today reserves the right to extend times for deliveries by periods necessary for the correct delivery of the ordered product, however if the delay is due to an event beyond our reasonable control please refer to Section 4.8.
4.6 Nobody Called Today explicitly disclaims the purchasing risk in relation to the ordered articles.
4.7 If the ordered product is no longer available in our homebase at the time of ordering and is incorrectly indicated as available on the website, it may result in some delay in the execution of the order or its cancellation, of which you will be immediately informed. If items are exhausted in our stock, we will promptly refund any payment you have made. We cannot be forced to purchase the ordered items elsewhere, as we do not accept the purchasing risk.
4.8 If our supply of your product is delayed by an event outside of our reasonable control, including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials and services, or terrorist acts, we will contact you as soon as possible to let you know and outline what we will do to reduce the delay. Provided that we complete this step, Nobody Called Today will not compensate you for the delay. However, you may contact Nobody Called Today via info@nobodycalledtoday.com to end the contract and receive a refund for any products that you have paid for in advance and not received.
4.9. If for any reason you do not accept delivery of your order at the delivery address provided by you at the time of ordering, the order will be returned to Nobody Called Today via the same delivery carrier method. Once Nobody Called Today receives the returned order, Nobody Called Today will refund the purchase price of your products within 14 days of receiving the returned order.
5. Prices, Payment Terms
5.1 The purchase prices of the products are identified in the Online Shop at the time of the submission of the order. All prices are provided in € and include the applicable VAT. The shipping costs and/or packaging costs (if applicable) will be separately displayed. Please consult the Shipping Policy for an overview of the shipping costs per country.
5.2 The purchase price shall be due immediately upon completion of the purchase contract (see Section 3.5).
5.3 In general, Nobody Called Today accepts the following payment methods: MasterCard, PayPal, Visa and IDEAL. Please consult the Payment Methods policy for more information. Changes in payment methods may occur and are announced in the Payment Methods policy.
5.4 Only one method of payment will be accepted per transaction.
5.5 You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. You authorize to charge all amounts to the payment method details you provide to us. By placing an order, you confirm that you are the authorized cardholder, and you have the right to charge all such payments on the credit card or other payment method.
5.6 The shipment of the products shall be made after receipt of the payment. In case of payment by credit card, your credit card will be charged at the time your order is accepted by Nobody Called Today.
5.7 All payment methods accepted are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorize payment for any reason, Nobody Called Today will not accept the order and Nobody Called Today will not be liable for any delay or non-delivery of your order.
5.8 Nobody Called Today shall be entitled to charge interest pursuant to statutory law in case of late payment at 4% a year above the base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Any claims for further damages relating to the default shall remain unaffected. You shall be entitled to the same default interest pursuant to statutory law in case of late payment by Nobody Called Today.
6. When you own the goods
6.1. You will own the goods purchased, once we deliver them to you, at which point responsibility for your goods passes to you.
6.2 However, the risk shall pass to you upon delivery to the carrier, if the carrier has been instructed by you to transport the products and such choice has not been offered by Nobody Called Today, without prejudice to your rights against the carrier.
7. If something is wrong with your product
7.1 When the products are delivered by courier, you should check whether the number of packages received corresponds to the number indicated on the transport document and whether the packaging is damaged or not as expected. You should report any damage to the packaging or products to the courier and immediately inform Nobody Called Today using the contact details as set out below. You must check the products delivered immediately upon receipt for visible defects and non-compliance with the contract, and in such a situation you should immediately notify Nobody Called Today. You can notify Nobody Called Today of any defects, damages, or non-compliance with the contract via email: info@nobodycalledtoday.com.
7.2 If the purchased product is not as described, fit for purpose or not of satisfactory quality during the expected lifespan of your product your legal rights entitle to you to the following:
(i) up to 14 days: if your products are faulty, then you can get an immediate refund.
(ii) up to 14 days: if your products cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
(iii) up to 3 months: if your goods do not last a reasonable length of time you may be entitled to some money back.
8. Nobody Called Today responsibility for loss or damage suffered by you
8.1 We are responsible for losses you suffer caused by us breaking these Terms unless the loss is unexpected. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Nobody Called Today and you knew it might happen.
8.2 Nobody Called Today’s contractual and statutory liability for damages caused by negligence shall, irrespective of its legal ground, be limited as follows:
(i) Nobody Called Today is not responsible for any loss or damage caused by something that could have been avoided by you taking reasonable action.
(ii) Nobody Called Today is not responsible for any loss you suffer in connection with your trade, business, craft, or profession. Nobody Called Today only supplies products for domestic and private use. If you use the products for any commercial, business, or re-sale purposes we will have no responsibility to you.
8.3 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under product liability legislation, and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Nobody Called Today has assumed a specific guarantee.
8.4 Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation or any breach of your legal rights in relation to consumer protection rights or for any other matters, which it would be illegal for us to exclude. Your statutory rights are not affected.
9. Right to change your mind
9.1 You have a legal right to change your mind (subject to certain exceptions as set out below), without providing any reason, within 14 days of the day after you receive your order.
9.2 You may cancel your contract by completing a Return Authorisation via your Nobody Called Today account. You will pay the costs of the return accordingly. You must return your order by using an established delivery or courier service to the address and we advise retaining proof of postage accordingly.
9.3 A right to change your mind does not exist for purchase contracts for goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery or for any goods made to your specifications or that are clearly personalized to you. This also means Made-To-Order products. Please consult our Return Policy for more information.
9.4 In the event that you exercise either of your rights to change your mind, you must send the product(s) back to Nobody Called Today in its original, unused, unaltered, and unwashed condition and with the original packaging within 14 days of notifying us that you wish to cancel by returning the product. Please consult our Return Policy for more information.
9.5 Within 14 days of receiving the returned order, we will ordinarily refund the full purchase price to your original payment method. If you choose to pay additional costs for express delivery, Nobody Called Today will only refund the cost of the standard delivery charge paid.
9.6 Please note Nobody Called Today does not offer direct exchanges. We ask that you return the product(s) for a full refund and place a new order for the preferred product(s) at your earliest convenience.
10. Miscellaneous
10.1 These terms and conditions can be viewed at www.nobodycalledtoday.com.
10.2 A product’s true color may not exactly match that shown on your device or in our marketing, or its packaging may be slightly different.
10.3 If a court or other authority decides that some of these terms are unlawful, this shall not affect the validity of this contract as a whole and the remaining provisions will continue to apply.
10.4 This contract between you and Nobody Called Today is binding. You may not transfer or assign your rights or obligations to another person without Nobody Called Today’s express agreement. Nobody Called Today may transfer or assign their rights and obligations under these Terms, or appoint third parties to assist Nobody Called Today in performing their obligations at any time, provided that this does not reduce Nobody Called Today’s obligation to you.
10.5 A person who is not a party to the Contract shall have no right under the Contracts (UK Rights of Third Parties) Act 1999 to enforce any term of it, which means that only Nobody Called Today and you have rights under it. This does not affect any right or remedy of any person that exists or is available otherwise than under that Act.
10.6 These Terms are the entire agreement and understanding between Nobody Called Today and you in respect of its subject matter, and will supersede and replace any prior agreements, understandings, or arrangements whether written or verbal. We each acknowledge that in entering into the contract, neither Nobody Called Today nor you has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the contract or on the Website. If you are uncertain as to your rights under the contract at any time or you want any explanation about them, please contact info@nobodycalledtoday.com.
10.7 The processing of your personal data takes place in accordance with the principles set out in the Privacy Policy.