TERMS AND CONDITIONS OF SALE OF GOODS (e-commerce)
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods listed on our website www.hobsonindustries.co.uk to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any goods from our website. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any goods from our website.
1 About us
www.hobsonindustries.co.uk is a site operated by Hobson Industries Limited ("We"), a private limited company. We are registered in England and Wales under company number 01934714 and have our registered office at Station Road, Donington on Bain, Lincolnshire, LN11 9TR. Our main trading address is Hobson Industries Limited, Station Road, Donington on Bain, Lincolnshire, LN11 9TR. Our VAT number is GB365186827.
2 About you
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
4.1 The prices payable for goods that you order are as set out in our website.
4.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
5 Consumers and your right to cancel your contract
5.1 If you are contracting as a consumer, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.2 To cancel your contract you must notify us in writing.
5.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
6 Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area; or
6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 Delivery of goods to you
7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 45 days of your order.
7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.1 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 10 working days of the delivery of the goods in question.
8.2 If you do not receive the goods ordered within 45 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 55 days of the date on which you ordered the goods.
8.3 If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
8.4 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 under clause 8.3.3 above.
8.5 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 website. The importation or exportation of certain of our 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.
8.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to our contact address at Hobson Industries Limited, Station Road, Donington on Bain, Lincolnshire, LN11 9TR or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
16 Entire agreement