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Terms and Conditions
1 DEFINITIONS
1.1 "Buyer" means the individual
or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall
have the meaning ascribed in section 12 of the Unfair Contract Terms
Act 1977;
1.3 "Contract" means the contract between the Seller
and the Buyer for the sale and purchase of Goods incorporating
these Terms and Conditions;
1.4 "Goods" means the articles that
the Buyer agrees to buy from the Seller;
1.5 "Seller" means
Mr A. J. Horn of 4 Glebe Farm, Pytchley, Kettering , Northants
NN14 1SA that owns and operates hiptitan.co.uk;
1.6 "Terms and Conditions" means
the terms and conditions of sale set out in this agreement and
any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means
hiptitan.co.uk.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions
shall affect the Buyer’s
statutory rights as a Consumer.
2.2 These Terms and Conditions shall
apply to all contracts for the sale of Goods by the Seller to
the Buyer and shall prevail over any other documentation or communication
from the Buyer.
2.3 Acceptance of delivery of the Goods shall be
deemed conclusive evidence of the Buyer’s acceptance of these
Terms and Conditions.
2.4 Any variation to these Terms and Conditions
(including any special terms and conditions agreed between the parties)
shall be inapplicable unless agreed in writing by the Seller.
2.5 Any
complaints should be addressed to the Seller's address stated in
clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed
to be an offer by the Buyer to purchase Goods pursuant to these
Terms and Conditions and are subject to acceptance by the Seller.
The Seller may choose not to accept an order for any reason.
3.2
Where the Goods ordered by the Buyer are not available from stock
the Buyer shall be notified and given the option to either wait
until the Goods are available from stock or cancel the order
and receive a full refund within 28 days.
3.3 When making an order through the
Website, the technical steps the Buyer needs to take to complete
the order process are described in Shipping Cart and Checkout
section.
4
PRICE AND PAYMENT
4.1 The price of the Goods shall be
that stipulated on the Website or in writing. The price is
inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase
price, including VAT and delivery charges, if any, will be displayed
in the Buyer’s shopping cart prior
to confirming the order.
4.3 After the order is received the Seller
shall confirm by email the details, description and price for
the Goods together with information on the right to cancel if the
Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges
must be made in full before dispatch of the Goods unless otherwise
agreed in writing by the Seller.
5 RIGHTS OF SELLER
5.1 The Seller reserves the
right to periodically update prices on the Website, which cannot
be guaranteed for any period of time. The Seller shall make every
effort to ensure prices are correct at the point at which the
Buyer places an order.
5.2 The Seller reserves the right to
withdraw any Goods from the Website at any time.
5.3 The Seller
shall not be liable to anyone for withdrawing any Goods from the
Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased
by persons of a certain age the Buyer will be asked when placing
an order to declare that they are of the appropriate legal age to
purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally
entitled to order certain Goods, the Seller shall be entitled to
cancel the order immediately, without notice.
7 DELIVERY
7.1 Goods supplied within the mainland UK
will normally be delivered within 2-4 working days of acceptance
of order unless.
7.2 Goods supplied outside the mainland UK will normally
be delivered within 5-7 working days of acceptance of order unless.
7.3
Where in the unlikely event that any of the goods are not available
from stock, the buyer will be notified and given the option of
a revised delivery date, offered an alternative or have the right
to cancel the order.
7.4 Where a specific delivery date has been agreed,
and where this delivery date cannot be met, the Buyer will be notified
and given the opportunity to agree a new delivery date or receive
a full refund.
7.5 The Seller shall use its reasonable endeavours to meet
any date agreed for delivery. In any event time of delivery shall
not be of the essence and the Seller shall not be liable for any
losses, costs, damages or expenses incurred by the Buyer or any
third party arising directly or indirectly out of any failure to
meet any estimated delivery date.
7.6 Delivery of the Goods shall be made to
the Buyer’s
address specified in the order and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered
for delivery.
7.7 Risk in the Goods shall pass to the Buyer upon delivery
of the Goods, or where the Buyer fails to take delivery at the agreed
time, at the time delivery was attempted.
7.8 Title in the Goods shall
not pass to the Buyer until payment of the price has been made
in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel
the order for any reason up to the point of dispatch and any payments
made by the Buyer shall be refunded in full within 28 days.
8.2 The
Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller via telephone and confirmed by email to sales@hiptitan.co.uk within
7 days if the Goods are damaged or do not comply with any of the
Contract. If the Buyer fails to do so the Buyer shall be deemed
to have accepted the Goods.
8.3 Where a claim of defect or damage
is made, the Goods shall be returned by the Buyer to the Seller
within 28 days of delivery. The Buyer shall be entitled to a replacement
or a full refund (including delivery costs) plus any return postal
charges if the Goods are in fact defective.
8.4 If you are a consumer
you have the right, in addition to your other rights, to cancel
the Contract and receive a refund by informing the Seller via email
at sales@hiptitan.co.uk within
7 working days of receipt of the Goods. The right to cancel does
not apply to contracts for the supply of software, audio or visual
recordings if these have been unsealed by the Consumer.
8.5 Goods
must be returned by the Buyer at the Buyer’s
expense within 28 days of cancellation in the original packaging
and should be adequately insured during the return journey.
The Buyer will receive a refund of all monies paid for the Goods
(including delivery charges, if any) except for return postal
charges. If the Buyer fails to return the Goods following cancellation,
the Seller shall be entitled to deduct the cost of recovering
the Goods from the Buyer.
8.6 Goods to be returned must clearly
show the order number obtained from the Seller on the package.
8.7
Where
returned Goods are found to be damaged due to the Buyer’s
fault the Buyer will be liable for the cost of remedying such
damage.
9.0 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing
as a Consumer, in the event of any breach of these Terms and
Conditions by the Seller the remedies of the Buyer shall be limited
to damages which shall in no circumstances exceed the price of
the Goods and the Seller shall under no circumstances be liable
for any indirect, incidental or consequential loss or damage
whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury resulting
from the negligence of the Seller or that of the Seller’s
agents or employees.
10 WAIVER
10.1 No waiver by the Seller (whether express
or implied) in enforcing any of its rights under this contract shall
prejudice its rights to do so in the future.
11 FORCE MAJEURE
11.1 The Seller shall not be liable for any delay or failure to
perform any of its obligations if the delay or failure results from
events or circumstances outside its reasonable control, including
but not limited to, acts of God, strikes, lock outs, accidents, war,
fire, failure of any communications, telecommunications or computer
system, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the Seller
shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
12.1 If any term or provision
of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision
shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions
had been agreed with the invalid illegal or unenforceable provision
eliminated.
13 CHANGES TO TERMS AND CONDITIONS
13.1 The Seller shall be entitled to alter these
Terms and Conditions at any time but this right shall not affect
the existing Terms and Conditions accepted by the Buyer upon making
a purchase.
14 GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by and
construed in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
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