Tel: 0161 367 8088 | Email: email@example.com
TERMS AND CONDITIONS 2011 – HUNTERS NORTH LIMITED
Hunters North Ltd
Unit 2b Clarendon Road Industrial Estate
These terms and conditions apply to all purchases of any products from Hunters North Ltd. By using our website and or placing an order with us you agree to be bound by all of these terms, conditions and policies set out below or within our website. Hunters North Ltd, at its discretion, reserves the right to change/modify this website and terms and conditions at any time. Therefore, please read these terms and conditions each time before placing a purchase order.
3. Basis of Sale
4. Price and Payment
5. Description of Product(s)
7. Acceptance of Products(s)
8. Cancellations and Returns
9. Data protection and Privacy
12. Intellectual Property
13. Law of Contract
1.2 Means the goods and or items you have specified.
1.3 “Seller” means Hunters North Ltd.
1.4 “Us” “We”, “Our” means Hunters North Ltd.
1.5 “Buyer” means the person who buys or agrees to buy products from the seller.
1.6 “You” “Your” means one of our customers, buyers or those viewing our website.
1.7 “Price” means the final cost for the product excluding the delivery charge.
1.8 “Order” refers to your offer, as the buyer, to purchase products from us. Whether electronically or via other means.
1.9 “Working Day” means every day of the year except weekends, and English statutory and public holidays.
1.10 “Hunters North Ltd” means us as a company called “Hunters North Ltd” and any other connected organisation that supplies the goods ordered by you and any successor to its business.
1.11 “Contract” refers to any contract between the buyer and the seller for the sale and purchase of products incorporating these conditions, whether completed electronically through this website or via other means.
1.12 “Hunters at Home Address” refers to the sellers address. This address is; Hunters North Limited, Unit 2b Clarendon Road Industrial Estate, Hyde, Cheshire. SK14 2EW.
2.1 We will not and are not liable to any loss caused to you where performance of any of our obligations to you is prevented, frustrated or impeded by reasons out of our control, including but not limited to acts of God, War, Civil Commotion, Accident, Strikes, Fire, Trade Disputes, Unavailability of ordered products from our supplier for whatever reason including discontinuation of such product lines, Import or Export restrictions or embargoes or any other cause not within reasonable control of Hunters North Ltd.
2.2 To the extent permitted by law, we accept no liability for any loss, damage or injury arising as a consequence of the advice provided.
2.3 If any part of these terms and conditions are found to be unenforceable as a matter of law, all other parts and these terms and conditions shall not be affected and shall remain in force.
2.4 We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. All sizes and measurements quoted are approximate.
2.5 These terms and conditions and any contract between us and you shall be governed by and construed in accordance with English and Welsh law and the English and Welsh Courts shall have jurisdiction over any disputes between us.
2.6 Provided that if any event referred to in clause 2.1 continues for a period in excess of 30 days, the buyer will be entitled to give notice in writing to terminate the contract.
2.7 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the seller, addressed to the seller at its address or in the case of notices to the buyer, at the buyers’ address as provided to the seller.
2.8 No responsibility will be accepted for goods used within a contract environment i.e. Public Houses, Clubs and Restaurants etc.
2.9 We take no responsibility for printing errors on this website.
3.1 Subject to the buyer’s right to cancel the Contract, included in clause 8, the seller shall sell and the buyer shall buy the products in accordance with the confirmation. No contract exists between the buyer and the seller for the sale of any products until the seller has received, processed and confirmed the order and the seller has received payment in full, (cleared funds). Once the seller does so, there is a legally binding contract between the buyer and the seller.
3.2 The buyer may not assign the contract or any part of it without prior written consent.
3.3 The seller may assign the contract or any part of it to any person, firm or company.
3.4 The description of the goods orders shall be set out in writing in the confirmation sent from the seller to the buyer.
3.5 Any item that is not the specified product in the product description on the web page, and that appears in any photograph or illustration on the website, will not form part of this contract. An example is other pieces of furniture and furnishings that can be seen in the pictures depicting the item in question in a natural setting. Such information is for illustration purposes only and may not comprise part of the products.
3.6 When you the buyer click on “Check Out” on the “Shopping Cart Page”, you offer to buy the goods at the prices indicated including any additional delivery charges that apply to your purchase.
3.7 If your order is accepted, you will be notified of this soon after you submit your order by clicking “Complete Order”. If any errors are made without us being aware we reserve the right to cancel the order as set out in clause 8.7.
3.8 Any acceptance of an order placed from outside the United Kingdom (UK) mainland is not valid.
4.1 The price you pay is the displayed price on this website at the time we receive your order apart from if a price typing error has been made by us, in which case you will be given the option for a full refund or price correction.
4.2 All product prices are in £ sterling and include VAT at the current standard rate but exclude delivery charges unless stated.
4.3 If we made an error in the confirmation or in any invoice or receipt, we have the right to correct that error within 30 days of being notified of any error.
4.4 Payment of the price shall be due on the date of the purchase order. The order will not be processed and thus confirmed without full payment of the order price.
4.5 No payment shall be deemed to have been received until the seller has received cleared funds. There will be no delivery until cleared funds have been received.
4.6 Payment can be made by any method specified at checkout. We accept PayPal and mostly all credit and debit cards apart from American Express and Diners Club. We also accept cheque; however the order will not be processed until we receive cleared funds from the cheque.
4.7 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible and you will be offered a full refund if you have already paid for the goods.
4.8 Payment shall be made by the buyer without any deduction to the seller unless the buyer has a valid court order requiring an amount equal to such deduction to be paid by the seller to the buyer.
5.1 The description and the quantity of the products shall be set out in the seller’s order confirmation.
5.2 We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves (due to natural variations in the wood grain) and that all measurements are approximates.
6.1 We shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of goods whatsoever. We are not liable for any breakages or damages caused whatsoever upon entering a buyer’s house, standard delivery is to the front door so if wanting a two man or assembly service the buyer allows the delivery men into their property entirely at their own risk.
6.2 Delivery will be by our own vehicles, specialist courier service or standard couriers. A one man team will deliver your order and he will need assistance on the other end for off loading heavier items. We do offer a two man delivery service on bespoke orders. We deliver Monday to Friday 8am to 6pm. Out of hours including Saturdays and Bank Holidays can be arranged with an extra charge to be agreed at the time of order. If delivery is arranged with an external courier these times may differ.
6.3 Where an order contains more than one item, all items will be delivered at the same time once all items are available. It is at our discretion to deliver goods in stages if we are waiting for goods to come into stock.
6.4 There is only one delivery charge per order. You can select your desired delivery service prior to checkout.
6.5 Delivery is only available to UK mainland addresses. For deliveries to Northern Ireland, Scottish Islands, Isle of Man, Isle of Scilly, Jersey and Guernsey we will deliver to a nominated mainland GB address, e.g. Port, On-ward shipping from that point is the responsibility of the buyer.
6.6 The products the buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the buyer to the seller.
6.7 Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 6.4 and we will not be liable to you for non-delivery of the goods. We do not need to satisfy ourselves that the person accepting delivery at the specified address is the buyer (or authorised by the buyer to accept delivery of the goods.)
6.8 If the buyer or any authorised person is not present to receive the delivery by our carrier on the agreed date, re-delivery may take place the next day and if not in on the re-delivery we reserve the right to re-charge the buyer the delivery cost up to a maximum of £100 to cover the cost of the failed delivery.
6.9 If the goods ordered by you are not available or discontinued and if we are unable to deliver them to the buyer within 30 days (or any other time limit agreed by the parties) from the payment date, we shall inform you and you are able to cancel the contract and we will reimburse you with any sums paid by you.
6.10 Any liability to you for the non-delivery of goods shall be limited to replacing the goods within a reasonable time or issuing a credit note or refund.
6.11 The quantity and content of any consignment dispatched is recorded by us and shall be conclusive evidence of what you receive on delivery unless you can provide conclusive evidence providing the contrary.
6.12 All goods must be signed for; we accept no responsibility once goods have been signed for at the requested address. We are unable to deliver to unattended premises or outside customer addresses (unless otherwise stated by you and at your own risk)
6.13 Deliveries will be made by our own delivery service or external national carriers and will all be delivered by a single person only and delivered up to your front door (further delivery inside your premises will only be at the delivery person discretion). For very heavy items our delivery person will require local assistance or you can select a two man delivery service where your furniture can be carried into the room of your choice.
6.14 Delivery is normally 5 – 7 working days but for some out of stock items it can take longer. You are always entitled to a full refund, if an order is cancelled prior to us ordering from our supplier.
7.1 The buyer shall be deemed to have fully accepted the products immediately after delivery to the specified address.
7.2 After acceptance the buyer shall not be entitled to reject products which are not in accordance with the contract.
7.3 Upon delivery and acceptance, if the product appears to be damaged in any way, notification via written form has to be given to us within two days of product acceptance. Otherwise the product will be deemed to of been damaged by the buyer and thus we are not liable and take no responsibility whatsoever.
8.1 The buyer has the right to return the goods within seven days of delivery, except where a product has been made to order and is without fault.
8.2 The buyer may cancel the order prior to it being dispatched wether by written notice to us or by e-mailing giving details of the products ordered and reason for cancellation. A full refund less any charges will be given within seven days. Notification by phone is not sufficient.
8.3 Once we have been notified of the return of the goods and have received the goods back, we will refund or re-credit the buyer on the original card used for the purchase within 30 days for any sum that has been paid by or debited from the buyer for the product upon the products return to us.
8.4 If we have delivered the products to the buyer and the buyer wants to cancel the contract, as described in clauses 8.1 and 8.2, the buyer must retain possession of the goods until the returns/cancellation notice has been sent to us within the relevant time limit. The buyer must retain possession of the goods until the returns/cancellation notice has been sent to us within the relevant time limit. The products cannot be used and must be in the exact condition as they were delivered including packaging. The buyer is ultimately responsible for returning the products to us at the buyers own cost before a refund is issued. If we have to collect the goods for return then the buyer will have to pay the original delivery charge. The products must be returned to Hunters North Ltd, address in the definitions section. If the products are returned in a different, used or damaged state to that of when they were delivered then a full refund will not be given. Alternatively, we will organise for the goods to be collected on a mutually convenient date. In this case, the buyer will be re-credited with a full refund minus the exact cost of collecting the goods. Only upon acceptance by us of the returned goods will a refund take place. If the buyer does not cancel the contract in accordance with clauses 3.1 and 3.4, the buyer shall be deemed to have accepted the goods (except for manufacturing faults) and will not be liable to return the goods to us.
8.5 We recommend that if returning goods to us, you use a recorded – delivery service as we are not responsible for any goods until they have been returned and received.
8.6 Your rights to return goods are protected under the EU Distance Selling Directive.
8.7 We reserve the right to cancel any contracts between you and us if we so desire and for whatever reason.
8.8 We are unable to accept the return of earrings for hygiene reasons.
9.1 We are fully committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance to the Data protection Act 1998. We only collect information about you to process your order.
9.2 We do not disclose your information to third parties other than when order details are processed as part of the order fulfilment in this case, the third party will not disclose any of the details to any other third party.
9.3 We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
10.1 Your financial security is paramount to us which is why we use Sagepay. You are able to buy any of our products using any of the major debit and credit cards presented below. All of our transactions are processed live online using a highly secure SSL web server and payment gateway provided by Sagepay.
10.2 Using Sagepay you can be confident that your card details are processed securely and correctly through the world’s most respected online credit card payment gateway.
11.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the products.
11.2 Nothing in these terms and conditions limits or excludes the liability for death or personal injury caused by our negligence or fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
11.3 Alongside clause 2.1, we shall not be liable to the buyer for any indirect or consequential losses or costs whatsoever, however caused which arise out of or in connection with this agreement.
12.1 Copyright material appears on this website which is our property or the property of our content and technology providers or their respective owners. We do not give permission for you to re-publish, alter, transmit or otherwise copy any material on this website. You may download information for your personal use. No copying, re-distribution, publication or commercial exploitation will be permitted without our permission and that of the copyright owner.
12.2 The trademark ‘Hunters at Home’, ‘Home Interiors by Hunters’ and Hunters Home Interiors’ belong to Hunters North Ltd.
13.1 This contract shall be governed by the law of England and Wales and any dispute, question or remedy however arising determined exclusively by the Court of England and Wales. If you have any questions regarding any aspect of our terms and conditions please e-mail firstname.lastname@example.org or call us to discuss, prior to any orders being placed, by placing an order with us you are agreeing to our terms and conditions.