Website sales - terms and conditions of supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply consumers who order online, the products (Products) listed on our website http://www.hayter.co.uk (our site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products online, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US
http://www.hayter.co.uk is a website operated by Hayter Limited (we). We are registered in England and Wales with registered number 05286686 and have our registered office at Spellbrook, Bishops Stortford, Hertfordshire, CM23 4BU which is also our main trading address. Our VAT number is GB 852819012.
2 PRODUCT AVAILABILITY
Only residents of the UK and Ireland are able to order product from this site. We do not accept orders via the website from individuals outside the UK and Ireland, however enquiries from persons located in other countries can made by emailing us at firstname.lastname@example.org
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Acknowledgement). Please note that the receipt of an Order Acknowledgement does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
3.2 The Contract will relate only to those Products we have confirmed in the Order Confirmation.
4 CANCELLATION RIGHTS
4.1 If you are a consumer making a purchase, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products if the Products are returned to us in accordance with our refunds policy (set out in paragraph 8 below).
4.2 To cancel a Contract, you must inform us in writing via email on email@example.com or by post to Sales Department, Hayter Limited, Bishop's Stortford, Herts, CM23 4BU. Where you cancel your order in accordance with this clause 4.2, you must also return the Product(s) to the Authorised Hayter Stockist that delivered the Product to you ("Supplying Authorised Stockist") immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
5 AVAILABILITY AND DELIVERY
5.1 The Order Confirmation will give details of the Supplying Authorised Stockist that will be contacting you to arrange delivery and installation of the machine on our behalf.
5.2 We will use our endeavours to fulfil your order within 15 days of the date of the Order Confirmation. If we are unable to supply within the 15 days we will contact you to agree a new delivery date. If the new date is not acceptable you will have the option to cancel your order and receive a full refund.
5.3 Carriage charges, if applicable, will be as shown as each item is added to your order. There will be some areas in particular remote areas of Scotland and offshore that we do not normally deliver to and could be subject to special delivery arrangements.
5.4 Products will be delivered to you by one of our Supplying Authorised Stockists, fully assembled and ready for use. The delivery will not be made unless you or a third party are there to receive the machine and sign the delivery note. If on delivery the Supplying Authorised Stockist making the delivery advises that the product is not suitable for the application you will have the option to accept delivery, cancel your order or purchase an alternative machine. If you accept delivery against the advice of the Supplying Authorised Stockist you may be required to sign the delivery note to this effect.
6 RISK AND TITLE
6.1 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6.2 The Products will be at your risk from the time of delivery.
7 PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude any delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We accept payment with valid Mastercard, Visa, Maestro, Delta, Visa Electron and Solo cards. We will charge your credit or debit card at the point of Order Confirmation. If we are unable to dispatch your order within 15 days or as agreed under clause 5.2 for any reason, then we will credit your account with the relevant amount.
8 OUR REFUNDS POLICY
8.1 When you return a Product to us:
8.1.1 because you have cancelled the Contract between us within the fourteen day cooling-off period (see paragraph 4 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund any price of the Product in full, including the cost of sending the item to you . subject to you meeting your obligations in clause 4.2. However, you will be responsible for the cost of returning the item to the Supplying Authorised Stockist.
8.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective pursuant to clause 9), we will examine the returned Product and will notify you via e-mail whether you will benefit from a refund as soon as reasonably possible after the examination. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to a Supplying Authorised Stockist.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If there are any issues processing the refund payment we will contact you.
9 WARRANTY AND OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
9.2 Hayter Limited warrants its consumer Products to be free from defects in material and workmanship for a specified period (period varies by model please see individual Product page on the site or Owner's Handbook for more details), from date of the delivery to the owner subject to limitations listed in the Warranty Statement contained within the Owner's Handbook. Such warranty is in addition to any statutory rights but is subject to products having been used and maintained in accordance with the instructions contained in the Owner's Handbook and applicable standard practice.
9.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to:
9.3.1 the purchase price of the Product you purchased; and
9.3.2 any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.4 This does not include or limit in any way our liability:
9.4.1 for death or personal injury caused by our negligence;
9.4.2 under section 2(3) of the Consumer Protection Act 1987;
9.4.3 for fraud or fraudulent misrepresentation;
9.4.4 for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
9.4.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
10 IMPORT DUTY
10.1 [If you order Products from our site for delivery outside the UK and Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11 WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Hayter Limited at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served 24 hours after posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13 TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
16.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17 ENTIRE AGREEMENT
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
18 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19 LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.