Terms of service

OVERVIEW

Welcome to Nook Took!

The terms "we", "us" and "our" refer to FN ECOM LLP, trading as Nook Took. FN ECOM LLP operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").

Nook Took is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store.

However, colors, appearance, dimensions and other visual characteristics of products may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance of products will exactly match images displayed on our website.

Product descriptions, specifications, availability and prices may be changed at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction, where permitted by applicable law.

SECTION 3 - ORDERS

When you place an order through our store, you are making an offer to purchase the products selected by you.

FN ECOM LLP, trading as Nook Took, reserves the right to accept or decline an order where permitted by applicable law. Your order is not accepted until Nook Took confirms acceptance.

Payment must be received and processed before an order is accepted and fulfilled.

Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation requests.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases are subject to our Refund Policy.

You represent and warrant that purchases made through our store are for personal or household use and are not intended for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product will generally be the price displayed at the time the order is placed and will be stated in your order confirmation.

Unless otherwise expressly stated, additional charges such as shipping, customs duties, import charges or applicable taxes may apply depending on the destination and applicable law.

Promotional offers may be subject to additional terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms of Service, the specific promotion terms will apply to the extent of the conflict.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your information, including your email address and payment information, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

the payment information you provide is accurate and complete;
you are authorized to use the payment method provided;
charges incurred by you will be honored by your payment provider; and
you will pay all applicable charges associated with your purchase, including shipping charges and applicable taxes or duties.
SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery information, including estimated delivery times and available destinations, is provided during the checkout process and/or in our Shipping Policy.

Delivery times are estimates and may vary depending on the destination, shipping method, carrier, customs processing and other circumstances beyond our reasonable control.

We are not responsible for delays caused by shipping carriers, customs authorities or events outside our reasonable control, except where otherwise required by applicable law.

Any responsibility for loss or damage during transportation will be determined in accordance with applicable consumer protection laws and the terms of the applicable shipping arrangement.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, website design, selection and arrangement of content, are owned by FN ECOM LLP, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where such use is permitted by applicable law.

Except as expressly provided in these Terms, nothing grants you any license or other rights under any patent, trademark, copyright or other intellectual property rights belonging to FN ECOM LLP, Shopify or any third party.

All rights not expressly granted are reserved by FN ECOM LLP.

Nook Took's names, logos, product and service names, designs and slogans are trademarks of Nook Took or their respective owners where applicable. You must not use them without appropriate permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other trademarks appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools as part of the Services.

We do not necessarily monitor, control or have input into such third-party tools.

You acknowledge and agree that access to third-party tools is provided on an "as is" and "as available" basis, without warranties, representations or conditions of any kind, to the extent permitted by applicable law.

Any use of optional third-party tools is at your own risk and discretion. You should review and understand the terms provided by the relevant third-party provider before using such tools.

We may introduce new features, tools and resources through the Services in the future. Such features will also be subject to these Terms of Service unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites, applications or services provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability or practices of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk.

We are not responsible for losses or damages arising from your access to, or transactions with, third-party websites or services, except where otherwise required by applicable law.

Complaints, claims or questions concerning third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

FN ECOM LLP, trading as Nook Took, is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are transactions directly between you and Nook Took.

By using the Services, you acknowledge that Shopify is not responsible for the products sold by Nook Took or for the transactions between you and Nook Took, except where otherwise required by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in accordance with Shopify's applicable privacy policies.

Information submitted through the Services may be transmitted to and processed by Shopify and other service providers located in countries other than your country of residence.

For more information about how personal information is collected, used and shared, please review our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant FN ECOM LLP a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving and promoting the Services, subject to applicable law.

You represent and warrant that:

you own or have the necessary rights to the Feedback;
your Feedback does not violate the rights of any third party; and
your Feedback complies with these Terms of Service and applicable law.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine violates applicable law, these Terms of Service, or the rights of others.

You are solely responsible for the Feedback you submit and its accuracy.

We do not assume responsibility for Feedback posted by you or by third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel affected orders where permitted by applicable law.

We will take reasonable steps to notify you if an order is affected by a material error.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services:

for any unlawful or malicious purpose;
to violate applicable laws or regulations;
to infringe intellectual property rights or other rights of FN ECOM LLP or third parties;
to harass, abuse, threaten, defame or harm another person;
to transmit false or misleading information;
to distribute spam, malware or other harmful material;
to impersonate another person or entity;
to interfere with the operation or security of the Services; or
in any manner that may harm FN ECOM LLP, Shopify or other users.

You also agree not to:

upload or transmit viruses or malicious code;
reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorization;
collect or track personal information belonging to other users without authorization;
spam, phish, pharm or otherwise attempt to deceive users;
use automated means, including bots, spiders, scraping tools or automated agents, to access or interact with the Services where such activity is prohibited; or
bypass or circumvent security, access-control or technical measures used to protect the Services.

We reserve the right to suspend or terminate access to the Services where permitted by law if we reasonably believe that these Terms have been violated.

SECTION 14 - AGENTS
14.1

This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.

"Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can operate without direct human supervision.

14.2

No Agent may access, use or interact with the Services if such access is prohibited by Nook Took or otherwise violates these Terms.

14.3

We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

14.4

Where permitted and required by applicable law or our technical policies, Agents must:

identify themselves appropriately when making requests to the Services;
not conceal or misrepresent that their interactions are automated;
not circumvent CAPTCHAs or other measures intended to distinguish automated access from human access; and
not circumvent measures intended to block, limit, modify or control automated access.
SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by applicable law if you violate these Terms of Service or otherwise use the Services unlawfully.

You remain responsible for any amounts owed to FN ECOM LLP up to the effective date of termination.

The provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Assignment, Governing Law, Privacy and other provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general informational purposes.

To the fullest extent permitted by applicable law, we do not guarantee that the information provided through the Services is always complete, accurate, current or error-free.

EXCEPT WHERE EXPRESSLY REQUIRED BY APPLICABLE LAW OR EXPRESSLY PROVIDED BY NOOK TOOK, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY, GUARANTEE OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOOK TOOK AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF SAVINGS OR REPLACEMENT COSTS.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, OR CERTAIN CONSUMER RIGHTS WHERE SUCH LIABILITY CANNOT BE DISCLAIMED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless FN ECOM LLP, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from claims, losses, damages or expenses arising from:

your violation of these Terms of Service;
your violation of applicable law or the rights of a third party; or
your misuse of the Services.

This provision applies only to the extent that such indemnification is permitted by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed.

The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced herein, constitute the entire agreement between you and FN ECOM LLP regarding your use of the Services, except where otherwise required by applicable law.

These Terms supersede previous versions of the Terms of Service relating to the Services.

SECTION 21 - ASSIGNMENT

You may not transfer, delegate or assign these Terms of Service or any rights or obligations under them without our prior written consent, except where such restriction is prohibited by applicable law.

FN ECOM LLP may transfer or assign its rights and obligations under these Terms in connection with a business transfer, merger, restructuring or other lawful transaction.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by the laws of England and Wales, except where applicable consumer protection law requires the application of the laws of another jurisdiction.

Nothing in these Terms is intended to deprive consumers of mandatory rights or protections available under the laws of their country or place of residence.

SECTION 23 - HEADINGS

The headings used in these Terms of Service are included for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website.

It is your responsibility to review this page periodically for changes.

Where required by applicable law, we will provide notice of material changes and specify when such changes become effective.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

FN ECOM LLP
Trading as: Nook Took
Email: info@nooktook.com
Registered Office: Stoney Works, 8 Stoney Lane, London, United Kingdom, SE19 3BD
Company Type: Limited Liability Partnership
Jurisdiction: England and Wales