Terms and Conditions of Sale for Consumers Purchasing via Website
Definitions.
In these conditions the following words have the following meanings
“You" shall mean the person seeking to purchase the Goods from us
“We” and "Us" shall mean C. P. Hart & Sons Limited (Company registration No 889832) whose registered office is C.P. Hart & Sons Limited, 2 Kingmaker Court, Warwick Technology Park, Warwick, England, CV34 6DY, and head office telephone number is 0845 600 1950.
"The Contract" shall mean any contract for the sale of Goods made between us and you.
"The Goods" shall mean the products, articles or things to be sold by us.
Index of Contents
- Order Acceptance and Price
- Cancellation by the Buyer
- Image and Description of Goods
- Payment
- Delivery
- Proper Law and Notices
- Use of our Website
- Registration
- Password and Security and Confidentiality
- Intellectual Property
- Restrictions and Indemnity
- Suspension or Cancellation of Registration
- Our Liability
- Other Limitations on our liability
- Severance
1. Order Acceptance and Price
1.1 The total cost of your order will be the price of the Goods plus any applicable delivery charge which will be stipulated at the time when you place your order. All prices stipulated are inclusive of VAT.
1.2 All orders are accepted when the Goods are despatched and not before. Any email or other acknowledgement of your order is merely to report that your request has been received and does not constitute acceptance of your order. The fact that you may have made payment does not constitute acceptance of your order.
1.3 We may decline to accept an order from you for any reason. As examples only, we may decline to accept an order from you if the Goods are not available from stock or if there has been a pricing error by us on the website A contract only comes into existence between us and you when the Goods are despatched.
1.4 C.P. Hart reserves the right to pass on any duties, supplier cost changes and/or surcharges that may become chargeable.
2. Cancellation by the Buyer
2.1 You have the right to cancel the Contract any time up to 14 days after receipt of delivery of the Goods without giving any reason.
2.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use our cancellation form (see below) but it is not obligatory. Notifications by email must be sent to [email protected]. Notifications by post must be sent to to C.P. Hart & Sons Limited Unit 40 Charles Park Claire Causeway Crossways Business Park Dartford Kent DA2 6QA. Alternatively, you may use the form set out in our Returns Procedure (see below) and send it to us duly completed and signed by post or email. We advise you to include your order number in your notification to avoid delay.
2.3 If you cancel the contract and the goods have already been despatched, you must return them to us in saleable condition in the original packaging with a copy of the sales order and a returns number included, at your own expense and risk. We recommend using a recorded mail service to help minimise the risk. Please return the goods to the following address: C.P. Hart & Sons Limited Unit 40 Charles Park Claire Causeway Crossways Business Park Dartford Kent DA2 6QA. You have a legal duty to return the Goods to us within 14 days of you notifying us of cancellation.
2.4 On receipt of the Goods we will refund the cost of the Goods and any outward bound delivery costs paid using the original payment method. If the Goods, after return, show signs of use or of installation having been attempted or of handling beyond what is reasonably necessary simply to inspect and assess the goods, then we have the right to deduct money to reflect any diminishing in value of the Goods up to the total amount you paid originally for the Goods. You are only liable for any diminished value of the goods resulting from handling of the Goods.
2.5 If the Goods have not yet been dispatched, we will cancel your order and refund the cost of the Goods by the original payment method immediately.
2.6 We will make the reimbursement without undue delay and not later than (a) 14 days after the day we receive back from you any Goods supplied (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods or (c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
2.7 The right to cancel/ return Goods set out above does not apply to Goods supplied to your specific specification and which have been made to order or which have been personalised. Our Direct Sales team will contact you if this applies to an item(s) in your order to ensure you are comfortable proceeding with your order on this basis.
2.8 Any Goods that you return to us are returned at your own risk, therefore we strongly advise you to take care when returning Goods to us by ensuring that the Goods are correctly addressed, appropriately packed, insured if necessary and that they are delivered by a reputable carrier. Unless you are returning Goods to us because they are faulty or incorrect, you must bear the cost of returning the Goods.
3. Image and Description of Goods
3.1 The appearance of our products in comparison with images of them we publish on our website may vary for reasons beyond our control and for which we cannot accept responsibility.
3.2 We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on the website are correct at the time when the relevant information was entered onto the system. Although we endeavour to keep information shown on the website as up-to-date as reasonably possible, the information appearing on the website at any particular time may not always reflect the position exactly when you place an order.
4. Payment
4.1 You are responsible for ensuring that all Goods are paid for in full. Payment may be made on our website by debit card or credit card. If you wish to pay by any other means, please contact us by telephone.
4.2 Goods will not be despatched to you until you have made payment in full to include payment for the price of the Goods plus any charges for VAT, carriage and insurance.
5. Delivery
5.1 Any indication given by us as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by us in respect of late deliveries. Please do not commence any installation work, book plumbers or other tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies.
5.2 Goods are subject to availability. Delay in delivery of goods is beyond our control because delivery of goods is dependent on carriers/logistics. Delivery schedules cannot be guaranteed and any dates for the delivery of Goods we indicate are approximate only. Buyers are advised to only commit to an installation schedule once the Goods have been received and checked. We shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule committed to by you prior to the Goods being received and checked.
5.3 We shall have no liability whatsoever for any failure to perform or any delay in the performance of any of our obligations under the Contract arising wholly or in part by reason of any factor beyond our direct control.
5.4 We shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Some orders may be delivered on a pallet. In this case, the pallet(s) will be left with you.
5.5 Signature of any note by you or your agent, employee or representative shall be conclusive proof of delivery.
5.6 You must within 3 days of delivery inspect the Goods and advise us of any damage for our investigation. Similarly, if there any items missing, you must confirm quantities of Goods supplied within 3 days of delivery. Subsequent claims for shortages or damage will not be accepted.
5.7 Risk of loss or damage to the Goods passes to you at the time of delivery including in the case of Goods which you have requested us to leave unattended at your requested delivery address because you are unable to take receipt of Goods and sign for the Goods
5.8 Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.
6. Proper Law and Notices
All Contracts made between you and us shall be governed by English Law and shall be subject to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given by first class post (in the case of notices to us, to the address shown at Clause 2.3 above)
7. Use of our Website
7.1 Access to and use of our website is entirely at your own risk. The website is provided to you for your personal use subject to these terms and conditions. By using the Website you agree to be bound by these terms and conditions which we may update and revise from time to time subject to any such changes being notified to you when you log on to and access the Website. If you do not wish to accept such changes, you should not continue to use or access the Website.
7.2 We take all reasonable steps to ensure that the website is available 24 hours a day 365 days per year. However websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if his website is unavailable at any time.
7.3 You are permitted to use our website for your own purposes and to print and download material from this website provided you do not modify any content without our consent. Material on this website must not be republished online or off-line without our permission.
7.4 Any links to third-party websites located on this website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third party websites or their content.
7.5 If you would like to link to this website, you may do so on the basis that you link to, but do not replicate, any page on this website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
7.6 Part of our website may contain advertising and/or sponsorship material for which the provider (and not ourselves) will be responsible for ensuring legal compliance
8. Registration
To register on our website you must be over 18 years of age and you must you ensure that the details provided by you on registration or at any time thereafter are correct and complete. You must inform us of any changes to the information you have provided when registering by updating your details in order to facilitate effective communication with you. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to the personal information by email or telephone. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
9 Password and Security and Confidentiality
9.1 When you register to use our website you will be asked to create a password which in order to prevent fraud you must keep confidential and not disclose or share. If you know or suspect someone else knows your password you must notify us immediately by email. If we have reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change the password or suspend your account
9.2 We will treat all your personal information as confidential. We will keep it securely and will fully comply with all applicable UK data protection and consumer legislation.
10 Intellectual Property
The content of our website is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a screen, store such content in electronic form on disk but not on a server or network storage device, or print one copy for your own personal use provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, or use for commercial purposes any of the materials or content of the Website without prior written permission from the Company
11 Restrictions and Indemnity
You may not use our website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any legal duty, or
Transmitting materials which encourage conduct which constitutes a criminal offence or otherwise breaches any applicable legal duty or
Interfering with any other person's use or enjoyment of the Website, or
Making, transmitting all storing electronic copies of materials protected by copyright or any other applicable intellectual property rights without our written permission, or
Making commercial or non-domestic use of the Goods or Services supplied
You agree fully to indemnify, defend and hold us harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this website or use by any other person accessing the website using your account and/or your personal information.
12. Suspension or Cancellation of Registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. You may cancel your registration at any time in writing but if you do so you must stop using this Website. Suspension and/or cancellation will not interfere with any statutory rights either way.
13 Our Liability
Our website provides content from other sites or resources and while we try to ensure that material included is correct, reputable and of high quality, we do not make any warranties in relation to that content. If we are informed of any inaccuracies in the material, we will attempt to correct the same as soon as reasonably possible. If we are in breach of these Terms and Conditions, we will only be responsible for any losses suffered as a result and to the extent that they are foreseeable consequences to both you and us at the time you use the Website and will not include any business losses such as lost data, lost profits or business interruption.
14 Other Limitations on our liability
14.1 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 Goods. This does not affect your statutory rights as a consumer, nor does it affect your Statutory Cancellation Rights.
14.2 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 agents or employees.
14.3 We shall not be liable to you in contract, tort (including without limitation, negligence) or for pre-contract or other representations (other than fraudulent or negligent misrepresentations) for (a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); (b) any loss of goodwill or reputation; (c) any special or indirect losses; - whether these are suffered by you, your agent or by any third party and which arise out of our contract with you for the sale of the Goods.
15 Severance
If any of these terms and conditions is invalid, illegal or unenforceable (including any provision in which we exclude liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected.
It is important you that you read these terms and conditions. Therefore, before proceeding with and confirming your order, please signify that you have read and that you accept these Terms and Conditions by ticking the checkbox.
Returns Procedure and Cancellation Form
If you wish to cancel your contract with us in accordance with your rights under the Consumer Contracts Regulations 2013 (see Clause 2 above), to exercise your right you must inform us of your decision to cancel the contract by a clear statement which you can send to us either by post or by email (see clause 2 for the addresses). You may use the model cancellation form below if you wish, but it is not obligatory. Notice of intention to cancel must be received by us within 14 days from the date you or your agent receive the Goods.
Once you notify us of your intent to cancel, simply return the Goods with the original receipt and original packaging to us at Unit 40 Charles Park Claire Causeway Crossways Business Park Dartford Kent DA2 6QA within 14 days. Once we receive the Goods, we will provide you with a refund based on the original payment method within 14 days.
Please note that you may not return the following, except in case of defect or lack of conformity:
(1) Goods supplied to your specific specification and which have been made to order or which have been personalised. Our Direct Sales team will contact you if this applies to an item(s) in your order to ensure you are comfortable proceeding with your order on this basis.
(2) Goods which are mixed inseparably with other items after delivery.
If the Goods are damaged, we may offset the amount of your refund by the diminished value of the product.
Cancellation Form
Please send the below information in an email to [email protected]
We hereby give notice that we cancel our contract of sale of the following goods:
____________________ (insert details of goods)
Ordered on ______________ (insert date)
Your Name: _________________
Your address _________________
Your signature ________________
Address to which Goods should be returned
If you wish to return goods to us in accordance with your rights under the Consumer Contracts Regulations 2013 (see Clause 2 above), they should be sent to the following address:
C. P. Hart & Sons Limited
Unit 40 Charles Park
Claire Causeway
Crossways Business Park
Dartford
Kent
DA2 6QA
Return of Goods because of a defect or lack of conformity
If you wish to return Goods because of a defect or lack of conformity, the 14 day time limit does not apply. In the first instance, you should contact us by post or email and notify us of the details of the defect or lack of conformity indicating when you purchased the Goods and the details of your order number. We will then respond. We may request that you return the Goods to us for inspection and assessment or alternatively we may arrange for their collection at our expense. If we do so, then it is without prejudice to our right to return the Goods to you if your complaint is not upheld.
