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Trading Terms and Conditions
These terms and conditions (together with our Returns & Refunds, our Privacy Policy and any other document referred to within this page) tell you the terms and conditions on which we supply any of the Goods listed on our website at www.heyn.co.uk (our Website) to you. Please read these Terms and Conditions carefully as they contain important information. By accessing this Website and/or placing an order you agree to be bound by these Terms and Conditions.
This Website is owned and operated by us, Heyn HS Ltd, a company registered in Northern Ireland under company number NI622839 and with our registered office at 1 Corry Place, Belfast Harbour, Belfast, Northern Ireland, BT3 9AH. Our VAT number is GB 252 49 33 60. If you have any queries about these Terms and Conditions or if you have any comments or complaints about our services or our Website, then please contact us at info@heyn.co.uk or 028 9035 0035.
1 The Contract Between Us
1.1 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 a Confirmation 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 (the Contract). The Contract will only relate to those Goods whose order we have confirmed in the Confirmation Email. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Confirmation Email.
2 Ownership of Rights
2.1 All rights, including copyright, in this Website are owned or licensed to Heyn HS Ltd. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this Website for any purpose.
3. Accuracy of Content
3.1 We have taken care in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at the time of publishing and that all Goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the Goods or their prices as advertised on this Website. Any weights, dimensions and capacities given about the Goods are approximate only.
3.2 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. The packaging of the Goods may vary from that shown on images on our Website.
4 Damage to your Computer
4.1 We take every precaution to ensure ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any Websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.
5 Service Access
5.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if, for any reason, the Website becomes unavailable for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6 Visitor Material and Conduct
6.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material that you transmit or post to this Website will be considered non- confidential and non-proprietary. We will have no obligations with respect to such material. Please take the time to read our Privacy Policy as it includes important terms which apply to you.
7 Cookies
7.1 By using our Website you are agreeing to let us use cookies. Cookies are used by us to provide you with, for example, customised information from our Website which suits your online trends, etc. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details.
7.2 We do not exchange cookies with any third party Websites or external data suppliers.
8 Availability
8.1 All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by email or phone if you have given us details. You will have the option either to wait until the item is available from stock or to cancel your order. Where an order is placed after 12pm, this will be deemed as next day sales and will be treated as such with dispatch.
9 Ordering Errors
9.1 You are able to correct errors on your order up to the point on which you click on submit during the ordering process. Where you have made an error after this time you should contact us as soon as possible and we will try to rectify the issue. However, we cannot guarantee that this will be possible.
10 Price
10.1 The prices payable for Goods that you order are set out in our Website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
10.2 Wherever it is not possible to accept your order to buy Goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the Goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
10.3 The price of the Goods does not include delivery charges. For information on our delivery charges please see clause 13.0 below.
10.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
11 Payment Terms
11.1 We will charge your credit account for payment upon receipt of your order or alternatively await full payment using Paypal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Goods from your account then we can cancel the Contract and or suspend any further deliveries to you. This does not affect your statutory rights.
12 Pricing in Euros and Other Currencies
12.1 We will always bill in Pound Sterling and all our prices will be in Pound Sterling, unless you choose the Euros option before you check out in this case the prices are converted using the exchange rate at that time. Please note you might pay a different price than this exchange rate as the rate you actually pay will be decided by your bank or credit card company.
13. Delivery Charges
13.1 Delivery charges vary according to the type of Goods ordered and geographical location. We hold the right to reject an order went the product is only available within a certain geographic region as stated on the product. If you choose to order an item that is out of the stated geographic area, additional charges may occur to have the item delivered to your address. We also hold the right to cancel this order, if the product is unavailable in your geographic area. The price of delivery cannot be refunded unless Goods are faulty and the customer opts for no exchange.
13.2 Our delivery charges are set out under 'delivery information' on our Website and normally calculated in the basket before check out. If you have any queries regarding delivery, please contact the head office (info@heyn.co.uk) before placing the order
13.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
13.4 Please note that our standard delivery charges/free shipping conditions apply only to addresses within the United Kingdom and Ireland, but excluding the Channel Islands, Orkney, Isle of Man, Shetland and Scottish Highlands and Islands.
13.5 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions. Please allow approximately 5-7 working days for delivery after you have received your dispatch email. If delivery is delayed due to any cause outside our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
13.6 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.
13.7 Some Goods will be highlighted as “Price on Application” or "Enquiry only". These Goods cannot be ordered online. Please feel free to phone, email or use the ocntact form on the website and we will be happy to give a price on the product and delivery.
14 Risk and Ownership
14.1 Risk of damage to or loss of the Goods passes to you at the time of delivery, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full of all sums due in respect of the Goods. Goods supplied are not for resale.
15 Acknowledgement and Acceptance of your Order
15.1 You will need to provide us with your email address and we will notify you by email as soon as possible to confirm receipt of your order and email you again with a Confirmation Email confirming details. An acceptance of your order will take place on dispatch of the Good(s) ordered.
16 Cancellation Rights
16.1 You have the legal right to cancel a Contract within 14 calendar days of delivery of the Goods (with the exception of any ‘made to order’ items). You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty. However, you will need to notify us in writing if you wish to cancel your Contract.
16.2 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. It is best to refuse delivery from the courier in this case.
16.3 Once you have notified us that you are cancelling your Contract, any sum debited to us from your credit card or PayPal account will the re-credited to your account as soon as possible and in any event within 14 calendar days of the Goods in question being returned by you and received by us in the condition that 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 will be entitled to deduct the direct costs of recovering the Goods from the amount to be re- credited to you.
16.4 You will be re-credited for the costs incurred in returning faulty or unsatisfactory Goods.
17 Cancellation by us
17.1 We reserve the right to cancel the Contract between us if: we have insufficient stock to deliver the Goods you have ordered; we do not deliver to your area; or 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.
17.2 If we do cancel your Contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 calendar days of the Goods being returned.
17.3 We reserve the right to cancel the contract between us if the minimum order is not met, or the location stated on the product is outside of your shipping area. We will contact you via email before we cancel the contract to discuss your order and if you wish to amend the order or pay additional costs incurred.
18 Changes to Legal Notices
18.1 We reserve the right to change these Terms and Conditions from time to time and you should look through them as often as possible.
18.2 Every time you order Goods from us, the Terms and Conditions in force at the time of your order will apply to the Contract between you and us.
18.3 We may revise these Terms and Conditions as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
18.4 If we have to revise these Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel the Contract either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel the Contract, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
19 On-line & In-store Pricing
19.1 Heyn HS Ltd make every effort where possible to ensure that Goods on the Website (www.heyn.co.uk) are available at the same price in store, unfortunately this is not always possible. We reserve the right to advertise different prices on our Website than in our store.
20 Liability
20.1 Subject to clause 20.2 and 20.3, if we fail to comply with these Terms and Conditions, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure, and for an aggregate amount not exceeding the purchase price of the Goods.
20.2 Subject to clause 20.3, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
20.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
21 Events outside our control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22 Manufacturer Guarantees
22.1 Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
22.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
23 Our warranty for the Goods
23.1 For Goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 23.2.
23.2 The warranty in clause 23.1 does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) your failure to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
23.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
24 Transfer of rights and obligations
24. 1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
24.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
24.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25 Waiver
25.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
25.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
25.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
26 Severability
26.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27 Import Duty
27.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
27.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
28 Law and Jurisdiction
28.1 Contracts for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Northern Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.