ORDERING GOOD FROM US
Individuals: These terms of sale apply to all goods and services supplied by Hart & Sons (Dorset) Ltd via http://www.hartsofstur.com. The website is governed by the following terms and conditions; they do not affect your statutory rights.Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on http://www.hartsofstur.com. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 01258 472420.
Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.Placing an order
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment or authorisation is obtained but address verification cannot be confirmed;
(b) if there has been a pricing or product description error;
(c) if you do not meet any eligibility criteria set out in our terms and conditions;
(d) where goods ordered by you are not available; or
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.Payment
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website. (Check Out)
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.YOUR ATTENTION IS DRAWN TO THIS PART:
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.Consumer right of return and refund
This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products or products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed
(e) goods are not faulty but have been used; or
(f) goods are not faulty and are returned without retailing packaging or are returned in an unsellable condition.Right to cancel
You have the right to cancel this contract within 28 days without giving any reason.
The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last good or the last lot or piece (as the case may be).
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 to the Company at Harts of Stur, Station Road, Sturminster Newton, Dorset, DT10 1BD or e-mail to [email protected]
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than-
(a) 7 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 7 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 7 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If the consumer has received goods in connection with the contract you shall send back the goods or hand them over to us at Harts Of Stur, Station Road, Sturminster Newton, Dorset, DT10 1BD, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Delivery
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 7 days of your order. However we reserve the right not to make deliveries outside the United Kingdom unless our ordering form provides that facility.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery or signed "DAMAGED". If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 28 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 28 days from the date on which you ordered the goods.Import duty
Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country's government.
If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product(s) and any Import Duty / Tax / VAT or penalty imposed by your government.Title for consumers
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.Faulty Product, Damaged, or Dead on Arrival
Please note that any products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.Limitation of Liability
The Company will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by us or by our employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to products or services purchased from the Company for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.Restrictions
The resale of Company products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
Requests to use the Company name or web site content for any purpose other than as permitted in these Terms shall be directed to the Company at: [email protected]
The Company shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Company web site or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. The User understands and agrees that the Company is not responsible for any damage or loss incurred as a result of any such dealings. The Company is under no obligation to become involved in disputes between Users of our web site, or between Users on our web site and any 3rd-party. In the event of a dispute, the User agrees to release the Company its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.