TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES
This page (together with the documents referred to on it) tells you the terms on which we supply any of our products (Products) or services for bespoke items (Services) listed on the www.henrykh.com website (our site) to you. Please read carefully and understand these terms before ordering any Products or Services from our site. By ordering any of our Products or Services, you agree to be bound by these terms.
Please click on the button marked “I Accept” at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to order any Products or Services from our site. If you have difficulty in understanding any of these terms or have any other queries, please contact [email protected] – we will be happy to assist.
You should print a copy of these terms for future reference.
1 INFORMATION WE ARE REQUIRED TO GIVE YOU
1.1 www.henrykh.com is a site operated by Henryk Hetflaisz (trading as Sole Trader) (We). Our main trading address is Grovehurst Lane, Horsmonden, TN12 8BG, Kent. Our email contact is [email protected]
1.2 A description of the main characteristics of the Products and Services is contained on our site. Such a description will be contained in the Order Confirmation mentioned in paragraph 3.1.
1.3 The price of Products and Services (including delivery and packaging charges) and arrangements for payment is as described in paragraph 7.
1.4 The arrangements for delivery of Products are as shown at www.henrykh.com [Note that delivery may take place more than 10 days from order.] By accepting these terms, you are agreeing to a later delivery date as specified in the link. Other details of delivery are set out in paragraph 5.
1.5 You have a right of cancellation as set out in paragraph 4.
1.6 Details of support/after sales services as shown at www.surfaceview.co.uk
1.7 The technical means for concluding the contract to buy Products or Services are set out in paragraph 3. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.
1.8 The language of the contract will be English.
2 YOUR STATUS
2.1 By placing an order through our site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old; and
2.1.3 You are placing the order as a consumer, i.e. an individual is acting outside his or her business.
2.2 If we discover that any of the above warranties are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order for a Product or Service constitutes an offer to buy the Product or Service and all orders are subject to acceptance by us. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted or that a contract has been made. We will confirm acceptance to you by sending you an e-mail that confirms that we have accepted your order and that the Product is ready for or has been dispatched or that we are willing to perform the Service (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
3.2 Where you have ordered a Product, the Contract will relate only to those Products whose dispatch (or readiness for dispatch) we confirm in the Order Confirmation. We will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
4 RIGHT OF CANCELLATION
4.1 As you are contracting as a consumer, you have the following statutory rights to cancel a Contract:
Where you have ordered a Product, you may cancel a Contract for any reason at any time within seven working days, beginning from the time the contract is concluded between us and ending seven working days after the day on which you receive the Products or (where it has been agreed that the Products will be delivered in installments) the last of the Products.
Where you have contracted to buy a Service (this will include those instances where we are customizing a product for you or producing a product to your specifications), you may cancel a Contract for any reason at any time within seven working days, beginning on the day after the Contract was entered into. However, by agreeing to these terms you agree that we may start customizing the product that you have ordered before the end of the cancellation period and your right to cancel your order will therefore end when we start providing the service.
4.2 If you exercise your right to cancel, you will receive a full refund of the price paid for the Products or Services in accordance with our refunds policy (set out in paragraph 8 below). To cancel a Contract under your statutory rights, you must inform us in writing of your intention to cancel by email to [email protected]
4.3 When exercising the cancellation right in relation to a Contract for Products, you must return the Products to us immediately. See paragraphs 8.3 and 8.4 as to the manner and cost of returning the Products.
4.4 You are entitled to a reasonable opportunity to inspect the Products. At all times, you must take reasonable care of the Products and must not let them out of your possession. If you are in breach of your obligations to take reasonable care in this paragraph 4.4, we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
4.5 Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
4.6 The cancellation right described in this paragraph 4 is in addition to any other right that you might have to reject the Products, for instance because they are faulty or misdescribed.
5 AVAILABILITY AND DELIVERY
5.1.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 10 days of the date of your order, unless there are exceptional circumstances. If a Product (or substitute product) is unavailable so that we cannot deliver it to you within 10 days of your order, we will contact you and either agree a later delivery date or permit you to cancel the Contract, in which case we will refund all monies paid in accordance with our refunds policy (set out in paragraph 8 below).
5.2.1 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
5.2.2 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
5.2.3 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
6 RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 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.
7 PRICE AND PAYMENT
7.1 The price of any Products or Services will be as quoted on our site at the time of your order or as set out in the quotation we provide to you, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide
7.3 We are under no obligation to provide a Product or Service to you at an incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
7.4 Payment for all Products and Services must be by credit or debit card. We accept payment with all major credit and debit cards.
8 OUR REFUNDS POLICY
8.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 15 that you do not agree to any change in these terms or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your entitlement to a refund via e-mail within a reasonable period of time.
8.2 We will process any refund due to you within 30 days of the day we received your cancellation. We aim to make refunds using the same method as that used by you to pay for your purchase.
8.3 Refunds will be given on the following basis:
8.3.1 where you have validly cancelled a Service under your right of cancellation described in paragraph 4, we will refund the full amount paid by you for the Service;
8.3.2 where you have validly returned a Product under your right of cancellation described in paragraph 4, we will refund the full amount paid by you for the Product, including the cost of delivery to you. You will be responsible for returning the Product to us at your own cost;
8.3.3 where you have validly returned a Product which is a substitute product under your right of cancellation, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product;
8.3.4 where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product; and
8.3.5 where you have returned a Product in circumstances other than paragraphs 8.3.1 to 8.3.4 above (which includes rejecting a defective Product more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.
8.4 When returning Products to us, whether under the right of cancellation or for any other reason, you must take reasonable care to see that they are received by us and not damaged in transit.
9 OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
9.2 We warrant to you that we will provide Services which:
9.2.1 conform with their description; and
9.2.2 are carried out with reasonable care and skill.
9.3 If we breach these paragraphs we will be responsible for any losses you suffer as long as they were reasonably foreseeable to both you and us at the time of your order and the Order Confirmation.
10 INTELLECTUAL PROPERTY
10.1 The copyright and all other intellectual property rights in the Products and materials used in connection with the Services and all text, artwork, graphics or images to be found on our site are owned by or licensed to us.
10.2 Any Product or Service purchased by you is for your private and personal enjoyment and you must not sell copies to your friends or anyone else. You must not use the Product for any commercial purpose. This means that you are not allowed to sell, broadcast, lend, send or make the Product (or any link to the Product) available to anyone else. To do so will be an infringement of our copyright and a material breach of these Terms. Any rights we do not grant are reserved.
11 WRITTEN COMMUNICATIONS AND NOTICES
11.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
11.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance with the details in paragraph 1.1 above. Notices to you may be given to the email address or the postal or invoice addresses provided when you placed your order.
12 DATA PROTECTION AND PRIVACY
13 EVENTS OUTSIDE OUR CONTROL
13.1 Neither of us shall be liable to the other for any delay or non-performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control. This paragraph does not affect your statutory rights and in particular our obligation to perform the Contract within 10 days of order as set out in paragraph 5.
13.2 Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented. If such delay or failure persists for ninety (90) days or more, the Party not affected may, at its option and if in its opinion it is reasonable for it to do so, terminate the Agreement by giving 14 days written notice of such termination to the other Party.
If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms, or if either of us does not 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 the other of us from compliance.
15 OUR RIGHT TO VARY THESE TERMS
15.1 We have the right to revise and amend these terms from time to time.
15.2 You will be subject to the policies and terms in force at the time that you order Products or Services from us, unless any change to those policies or these terms 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 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, unless you notify us to the contrary within seven working days of receipt by you of the Products).
16 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.