Terms and conditions

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Purchasers
   - Definitions
   - Introduction
   - Agreement
   - Use of the Website
   - Purchase of Products
   - General
ListHolders

Definitions

"Item(s)" means one or more of the products chosen by the List Holder(s) and purchased by either the List Holder, or a Purchaser or Purchasers.
"Nursery List" means the list of products compiled by the List Holder(s).
"Purchaser" means the person buying from the Nursery List.
"List Holder(s)" means the person(s) who registered and compiled the Nursery List.
"Product" means an item displayed for sale on a Nursery List.
"Store" means the John Lewis store holding the Nursery list.
"Terms and Conditions" means these terms and conditions.
"United Kingdom" means England, Wales, Scotland, Northern Ireland and The Channel Islands.
"User Information" means information about you, such as your computer's IP address, your browser type, the country and area code from which your computer is calling, the webpages you viewed, the advertisements you selected, and any search terms that you entered on the Website.
"Users" means the users of the Website collectively.
"We/us" means John Lewis plc.
"Website" means the Nursery List website located via a link from www.johnlewis.com or www.johnlewisnurserylist.com or any subsequent URL which may replace them.
"You" means a user of this Website including, but not limited to, the List Holder and a Purchaser or Purchasers.

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Introduction

John Lewis Nursery List is a service run from John Lewis stores and the John Lewis Website. List Holders register for a Nursery List either online or in store. When items are purchased from the Nursery List the information is passed to the Store or Website which holds the Nursery List. John Lewis endeavours to source and collate items of stock delivering them to the List Holder at a date and time agreed with them. The website also allows List Holders to view the progress of their Nursery List . The Nursery List website is a separate operation from John Lewis Direct.

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Agreement

You agree to be bound by these Terms and Conditions when making a purchase from a Nursery List.

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Use of the Website

Access

You are provided with access to the Website in accordance with these Terms and Conditions.

You warrant that:
  • The personal information that you are required to provide in order to use the Website is true and accurate
  • You will notify us immediately of any changes to such personal information by contacting our Nursery List representatives. Contact details can be found at the end of these Terms and Conditions
  • You agree not to impersonate any other person or entity or to use a false name or a name you are not authorised to use

Privacy Policy

Please note that calls to our Nursery List Representatives may be recorded for quality monitoring and training purposes.

We will treat your personal information as confidential, although we reserve the right to disclose information in certain circumstances as set out elsewhere in these Terms and Conditions. We will keep your personal information on a secure server, and we will fully comply with all applicable United Kingdom Data Protection and consumer legislation from time to time in place.

When you shop on the Website, we will ask you to input, and we will collect, personal details from you such as your name, email address, billing address, telephone number, item selections and credit card or other payment information. We may also collect, and our third party providers of advertisements and content may collect, other information about you (for example, the URL you came from, the IP address of your computer, your browser type, the country and area code from which your computer is calling, the pages of our website which were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on the Website). Such information is referred to collectively as "User Information".

Any personal information you provide to us (whether through the Website or otherwise), or that is available on public registers, and any User Information from which we can identify you, is held in accordance with our registration with the Information Commissioner under the Data Protection Act 1998. We will use your information only for the following purposes:
  • Processing your purchases
  • For statistical purposes to improve the Website and its service to you
  • To provide Website content and advertisements to you
  • To administer the Website
  • If you consent, to notify you of products or special offers that may be of interest to you
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Your personal details may be disclosed to other businesses within the John Lewis Partnership and to reputable third parties whose involvement is necessary to process your purchase. We require all such third parties to treat your personal information as confidential and to fully comply with all applicable United Kingdom consumer and Data Protection legislation. We will not release your personal details to any company outside the John Lewis Partnership for mailing or marketing purposes.

We may disclose your personal information or User Information where we are required or permitted by law to do so. In particular, we may share your personal information or User Information where we reasonably believe that to do so may prevent or solve crime.

Questions relating to our Privacy Policy should be directed to the Customer Service Manager, John Lewis plc, 171 Victoria Street, London SW1E 5NN.

Indemnity

You agree to fully indemnify, defend and hold harmless us and our officers, directors, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website.

Our Rights

We reserve the right to:
  • Modify, or withdraw, temporarily or permanently, the Website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website
  • Change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website
Third party links

To provide increased value to Users, we may provide links to third party websites or resources for you to access at your sole discretion. You agree that we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites or resources, (ii) the advertising or content of such websites or resources, (iii) any products, goods or other materials or services available from such websites or resources or (iv) for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any advertising, content, products, goods or other materials or services available on such websites or resources.

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Purchase of Products

Purchase acceptance policy

Purchase acceptance and the completion of the contract between you and us will take place on the despatch of the Products purchased to the List Holder(s), unless we have notified you that we do not accept your purchase or you have cancelled it in accordance with the instructions below. If there are any problems with your purchase, you will be contacted by our Gift List Representatives.

Purchase cancellation

Consumer Contracts Regulations 2013 offers the following Cancellation Rights.
  • Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which the List Holder(s) receive the goods or services.
  • Please note that your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
  • If you wish to exercise your right of cancellation, the List Holder(s) are obliged to retain possession of the goods and take reasonable care of them.
  • To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.

If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied. If you exercise your right to cancel after your Gift has been despatched, the List Holder(s) must return the Gift to us and must have taken reasonable care of the Gift. We will not be held responsible if the List Holder(s) do not wish to return the Gift.

Please contact us on 0345 600 2202 or by email: nurserylist@johnlewis.co.uk, if we can be of further assistance.

Description of products and pricing

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.

Items available to purchase on Nursery Lists are subject to our department store and website pricing policy "Never Knowingly Undersold". As a result, prices may change during the purchasing period of a Nursery List in response to our competitors. Prices shown are updated daily as necessary to reflect the current price. Purchasers will be charged the Product price applicable on the day the purchase is made, which will be confirmed when your purchase is accepted in accordance with our purchase acceptance policy.

Age Restricted Products

Nursery Lists may include age-restricted Products such as alcohol, knives, or pre-recorded video media. In particular, when purchasing age-restricted Products from a Nursery List you are reminded that:

It is an offence for any person under the age of 18 years old to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;

In order to purchase liqueur chocolates, you must be at least 16 years old;

It is an offence for any person under the age of 18 years old to purchase a knife, axe or blade that could be used to harm others;

It is an offence for any person under the age of 18 years old to buy, or attempt to buy an item that could be used for solvent abuse, or for any person over the age of 18 to buy these products on behalf of any person under the age of 18; and

It is illegal for a person to purchase pre-recorded DVD/video media where that person is younger than the age limit specified in the DVD or video's certification.

In purchasing a Product to which an age restriction applies, you warrant that you have attained an age which legally entitles you to buy, the List Holder to receive, and us to sell you, the Product. You undertake to provide us with truthful and accurate information, and to act in full compliance with all legislation relating to the sale of age restricted items.

We will only sell age-restricted Products to you if you have reached the minimum age for purchasing those Products. If you purchase an age-restricted Product, you must verify your age by either (i) visiting one of our shops in person; or (ii) calling our guest line on 0345 600 2202 and paying using a credit card. (Please refer to your service provider for call charges.)

We reserve the right not to deliver age-restricted Products to a List Holder or a person taking delivery on a List Holder's behalf if that person (i) does not appear to have reached the minimum age for purchasing those Products, and (ii) is unable to provide suitable proof of age.

Exchange of Items by List Holder(s)

In certain circumstances, List Holder(s) may choose to substitute Items with another John Lewis item or John Lewis gift vouchers of equivalent value to the price paid for the Item(s) by the respective Purchaser(s). You agree that where such substitutions are made in respect of an Item you have selected, John Lewis will have discharged its liability to you as though the List Holder(s) had received the Item originally selected by you. You further acknowledge that the primary purpose of the contract between you and us is to provide the List Holder(s) with an item of equivalent value to the amount paid by you for a Product selected by the List Holder(s) and subsequently substituted with agreement of the List Holder(s). We shall be under no obligation to inform you if a substitution of the kind contemplated in this section takes place.

Availability of Products

If the Item you purchase is unavailable for reasons beyond our control, we will substitute it with another Item of equivalent value, or John Lewis gift vouchers of the equivalent value, to the price paid for the Item by you, at the option of the List Holder(s). If the List Holder(s) does not want the replacement Item that they have selected and notify us of this no later than 7 working days after the date of receipt, they may return it and we will bear the cost of the return.

Payment

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but, in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products purchased. Payment can be made by any of the following methods:
  • partnership card™
  • Visa
  • MasterCard
  • Maestro
  • American Express
The following methods of payment may also be used where purchases are made in John Lewis shops:
  • John Lewis Gift Vouchers
  • Cash
Please note that we do not accept Diners Card or Electron.

You confirm that the card being used is issued to and held by you.

All cardholders are subject to validation checks and authorisation by the card issuer. If the card issuer refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery of the Item(s) to the List Holder(s).

Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

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General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to purchase a Product) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations.

Limitation of liability

Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website or give you in person in a branch of John Lewis or over the telephone, we make no warranties, whether express or implied, in relation to the accuracy of that information.

The Website is provided on an "as is" and "as available" basis and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor your contract cancellation rights, as described in these Terms and Conditions.

We will not be liable in contract or tort (including, without limitation, negligence) or as a result of pre-contractual or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for:
  • Any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings)
  • Any loss of goodwill or reputation
  • Any special or indirect losses
suffered or incurred out of or in connection with the provisions of any matter under these Terms and Conditions.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Entire agreement

These Terms and Conditions govern our relationship with you and state the entire extent of your and our respective rights and obligations.

Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent misrepresentation.

Governing law

These Terms and Conditions shall be governed by the laws of England and Wales, and you and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in determining any dispute arising out of these Terms and Conditions or the John Lewis Nursery List operation.

Contact us

You can call our Nursery List representatives on 0345 600 2202, any time between 8am and 8pm Monday to Friday, 8am and 6.30pm Saturday, and 10am and 6pm on Sunday. (Please refer to your service provider for call charges.) Our aim is to handle at least 85% of all calls within 20 seconds so you won`t have to wait long to receive the answer to your question. Please note that all calls to our Customer Services Representatives will be recorded for quality monitoring and training purposes.

The registered company address of John Lewis Plc is: 171 Victoria Street London SW1E 5NN Company registration number: 233462.

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