Hartley & Noble Ltd - Terms and Conditions
These conditions apply to your use of our website and the products therein, the online ecommerce shops in which we sell our products, and/or your purchase of our products in person or by telephone. By accessing this Website, our e-commerce shops, or entering in to a Contract with us in person or online, you agree to the following Terms & Conditions and will be bound by them.
If you do not agree to the Terms & Conditions then you should not continue to use the website and / or e-commerce shops, and should not enter in to a Contract with us by telephone or in person.
Definitions / terminology used in these Terms & Conditions;
"Buyer" means the person who accepts the Seller's quotation for the sale of the goods or whose order for the goods is accepted by the Seller.
"Contract" means the contract entered in to for the purchase and sale of the goods.
"Goods" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these terms.
"Seller", “we”, “our”, or “us” means Hartley & Noble Ltd (Registered in England under number 11286296).
“You”, or “your' means you / the Buyer, or anyone acting on your behalf / using your equipment, as a user of the Website, or a purchaser of our goods.
"Terms" means the standard conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
"Writing" and any similar expression includes e-mail transmission and comparable means of communication.
'Conditions' means these terms and conditions.
'Personal Information' means any personal details provided by you via the Website.
'User(s)' means (a) user(s) of the Website and or e-commerce shops either collectively or individually, as the context requires.
‘E-commerce sites’ means the third party selling sites that we use to sell our products. For example, Ebay, Etsy, or Not on The High Street.
'Website' means the website located at http://hartleyandnoble.co.uk
Hartley & Noble Ltd - Terms and Conditions
2. You should be aware that: if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
3. The Website operated at www.hartleyandnoble.co.uk, and the e-commerce sites on which we sell our products, are provided on an 'as is' and 'as available' basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, e-commerce sites, or the services offered on the Website by us or on our behalf of us. This includes but is not limited to, implied warranties, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or any implied warranty arising from course of usage or trade.
4. All images shown on our Website and the E-Commerce sites that we use to sell our products, are for illustration purposes only and should not be taken as a literal representation of our products. We reserve the right to modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you. By accepting these Terms & Conditions, you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or the products therein, and/or change these Conditions from time to time, and your continued
use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.
5. We make no warranty that the Website, e-commerce sites, and the products or services offered on these sites whether by us or third parties, will be uninterrupted, timely, secure, or error-free. We will not be responsible or liable to you for any loss of content or material as a result of your visit to or purchase from our Website or e-commerce site. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website or e-commerce sites and any information provided to or taken from the Website or e-commerce sites by you. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website or e-commerce site through a third party's hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website or e-commerce sites whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or products supplied.
6. In an attempt to provide increased value to our Users, we may provide links to other websites or resources on our Website. By entering in to a Contract of Sales with Hartley & Noble Ltd, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
7. Any reference in these terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
8. The Seller shall sell and the Buyer shall purchase the goods, subject to these terms, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted, or any order is made or purported to be made, by the Buyer. No variation to these terms shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
9. The Contract shall (subject to these terms in either case) comprise either the Seller's quotation if accepted by the Buyer or the Buyer's verbal or written order received by telephone, mail, e-mail, web or facsimile and the Seller's subsequent written acknowledgement of the order or by delivery of the goods.
10. A contract of sale shall be deemed to exist between Hartley & Noble Ltd and the Buyer when a confirmation of order is made, or an invoice is issued. It is the responsibility of the Buyer to check that the order, invoice, and delivery details are correct. It is the responsibility of the Buyer to notify us immediately of any discrepancies by telephone or by emailing us at firstname.lastname@example.org
11. We advise that the Buyer print a copy of the order confirmation and/or invoice for their own records. We accept no liability for incorrect goods being supplied resulting from incorrect information being provided by the Buyer, or as a result of errors in drawings or designs provided by the Buyer.
12. The Seller's employees or agents are not authorised to make any representations concerning the goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these terms affects the liability of either party for fraudulent misrepresentation.
13. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the goods which is not confirmed in writing by the Seller is followed or acted on entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
14. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
15. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until either confirmed in writing by the Seller's authorised representative or by delivery of the goods.
16. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
17. If the Goods are to be manufactured or any process is to be applied to the goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.
18. The Seller reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EU requirements or, where the goods are to be supplied to the Seller's specification, which do
not materially affect their quality or performance.
19. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
20. The goods may in whole or part comprise products such as replacement security products which are designed to act as a deterrent against theft from certain types and models of vehicles. Such products are designed only as a deterrent to theft and the Seller shall be under no liability to the Buyer in the event that the goods fail to prevent a theft from a vehicle or damage to a vehicle itself.
21. The goods may in whole or part comprise products such as replacement lighting, which is designed to enhance the lighting of certain types and models of vehicles. Such products are designed with a purely aesthetic function only, and it is the responsibility of the Buyer to ensure that lighting added to their vehicle adheres to EU legislation.
22. The goods may in whole or part comprise plylining of bulkheads designed for specified vehicles. Such products are not sold by the Seller as a safety device but as a deterrent to theft. The Seller shall be under no liability to the Buyer in the event that such products fail to prevent injury or damage whether as a result of shifting loads in a vehicle or otherwise.
Refund Policy - Return of Faulty Goods
23. Hartley & Noble Ltd makes every effort to produce products that are of the highest quality. In accordance with The Consumer Rights Act 2015, the Buyer is NOT entitled to cancel orders for personalised, bespoke, or made-to-measure items. When the Buyer enters into a contract of sales for these items, payment must be made in full, is non-refundable, and cannot be cancelled.
24. In accordance with The Consumer Rights Act 2015, the Buyer has an early right to reject goods that they believe to be faulty. Under these circumstances the Buyer may wish to request a replacement or repair, or a refund.
25. In circumstances where the Buyer wishes to reject goods because they believe they are faulty, they may return the item/items, within 30 days of purchase. In order to begin the returns
process, the Buyer must firstly provide details of the alleged fault by email to email@example.com. Where possible the Buyer should use the original packaging. If this is not possible, it is the Buyer’s responsibility to package the item appropriately in order to protect it from damage in the post. If due care is not taken, then we may refuse to provide a full refund.
26. Providing these conditions are met and we agree that the item is damaged, then Hartley & Noble Ltd will refund the cost of the received goods via the same method used for the original payment. The cost of standard return delivery will be refunded to the Buyer. If the Buyer chooses a more expensive return delivery option, then the Buyer will be expected to cover the difference in cost.
27. On occasion, special terms may be agreed in writing between the Buyer and the Seller for the manufacture of goods on account. The Terms & Conditions for such services will be negotiated
individually and will be documented in a Contract of Sale. The Seller may invoice the Buyer for the price of the goods on or at any time after delivery of the goods, unless the goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods.
28. The Buyer shall pay the price of the goods ordered in the Contract of Sale (without any other deduction) no later than the date agreed upon in the Contract of Sale. This date will be indicated on the sales invoice. The Seller shall be entitled to recover the price of goods, notwithstanding that delivery or collection may not have taken place, and the goods may not have passed to the Buyer.
29. Where the Seller has entered in to a contract with the Buyer to produce goods on account, and the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller shall be entitled to:-
29.1. cancel the Contract or suspend any further deliveries to the Buyer;
29.2. appropriate any payment made by the Buyer to such of the goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
29.3. charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum above the HSBC Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
30. Notwithstanding any other provision of these Terms the Seller reserves the right at its absolute discretion from time to time to require payment in full of the price of the goods before delivery of all or any of the goods.
31. Any discounts given to the Buyer by the Seller in relation to the price of the goods are conditional upon payment for the Goods being made strictly in accordance with the Contract and these Terms & Conditions.
32. Delivery of the goods shall be made by the Seller to the place of delivery detailed in the Sales Contract. From time to time, an agreement may be made for the Buyer to collect the goods from the Seller's premises at any time after the Seller has notified the Buyer that the goods are ready for collection.
33. Where the Seller agrees to deliver the goods to a location outside of UK mainland (including Scottish Highlands), the Buyer shall be liable to pay the Sellers cost for transport, packaging and insurance.
34. Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence of the Contract unless previously and individually agreed by the Seller in writing. The goods may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer.
35. Where the goods are to be delivered in instalments, each delivery shall constitute separate contract and failure by the Seller to deliver any one or more of instalments in accordance with these Terms or any claim by the Buyer in of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
36. If the Seller fails to deliver the goods (or any instalment) for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contracts.
37. If the Buyer fails to take delivery of the goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without limiting any other right or remedy available to the Seller, the Seller may:-
37.1. store the goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
37.2. sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
38. Where the Buyer fails to accept delivery of the goods, the Buyer shall be liable to pay the Sellers cost for transport, packaging and insurance. Proof of attempted delivery is acceptable providing the contracted delivery company confirms the colour of the door at the Buyers provided delivery address.
39. Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods.
40. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Terms, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of:-
40.1. the goods;
40.2. and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due;
40.3. Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property but shall be entitled to resell or use the goods in the ordinary course of its business.
41. Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
42. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
43. The Seller warrants subject to these Terms (including paragraphs 3.6 and 3.7) that the goods will be free from defects in materials or workmanship at the time of delivery provided that the Seller shall be under no liability:-
43.1. in respect of any defect in the goods arising from any drawing, design or specification supplied by the Buyer;
43.2. in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Seller's approval;
43.3. Subject as expressly provided in these Terms, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
44. Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms.
45. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 days from the date of delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the goods had been delivered in accordance with the Contract. In no event shall the Buyer be entitled to reject the goods on the basis of any defect or failure which is so slight that it would be unreasonable for him to reject them.
46. A valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.
47. Except in respect of death or personal injury caused by the Seller's negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods (including any delay in supplying or any failure to supply the goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the goods, except as expressly provided in these Terms.
48. By entering in to these Terms & Conditions, the Buyer agrees to be fully responsible for (and fully indemnify the Seller against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, the products therein, or your purchase agreement with us. This includes the use by any other person accessing our Website using your PC or internet to access account, or the products therein.
49. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control including strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).
50. The Seller accepts no liability whatsoever for wrong goods supplied resulting from incorrect information provided at the time of placing the order by the Buyer. The Seller reserves the right to charge the Buyer any handling and/or transport, packaging and insurance costs applicable for any wrong goods supplied under these circumstances.
51. The Buyer shall be liable to pay to the seller the sum of fifty percent of the total cost of the Contract if the Buyers vehicle is not available at the agreed installation site on the arranged time/date.
Buyer shall be liable to pay the Seller the sum of fifty percent of the total cost of the Contract if the Buyer fails to attend the agreed installation site, at the arranged time / date, unless no less than forty-eight hours cancellation notice is provided by the Seller prior to appointment time.
53. The Buyer shall be liable to pay to the seller the sum of twenty pounds sterling for every fifteen minutes the Sellers employees are left waiting for the Buyers vehicle to be made available at the agreed installation site on arranged date/time of installation.
54. The Buyer shall ensure that the vehicle is clear of equipment, stock and material to allow the Sellers employees to carry out installation. Failure to do so may result in an additional labour charge of £60 p/hour added to the overall cost of the Contract that the Buyer agrees to pay to the Seller.
55. All refunds are issued solely at the Sellers discretion.
56. Where the Seller agrees to offer a price match, the Company the Seller is price matching must have the product in stock. The price must be printed or shown online, and the Seller must be able to verify the offer. There must be a minimum price difference of five pounds. This excludes promotional offers. Price matching is offered solely at the Sellers discretion.
57. Any notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
58. Waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
59. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
60. Contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
61. Each Contract will only confer rights and benefits on the Buyer and no third party will acquire any rights or benefits under the Contract.