Terms & Conditions
Please read these terms and conditions carefully, as they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1 How the contract is formed between you and us
1. By placing an order through our site, you warrant that:
a ) you are legally capable of entering into binding contracts; and
b ) you are at least 18 years old.
2. We must receive payment of the whole of the price for the goods that you order (including VAT) before your order can be accepted.
3. 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. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched. The contract between us (Contract) will only be formed when we send you the Despatch Confirmation and the Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation.
1. The price of any Products will be as quoted on our site, except in cases of obvious error.
2. These prices include VAT but exclude delivery costs, which will be added to the total amount due if relevant. Our delivery services are set out on our website.
3. Prices 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.
4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Confirmation procedures.
5. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you a Confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
3 Your right to cancel your contract
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 6 below).
2. To cancel your contract you must notify us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
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. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4. Once you have notified us in writing that you are cancelling your contract, any sum debited to us from your credit/debit card will be re-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 re-credited to you.
5. You will not have any right to cancel a Contract if the Products we sell you are personalised in anyway.
6. This provision does not affect your statutory rights.
4 Cancellation by us
1. We reserve the right to cancel the contract between us if:
a) we have insufficient stock to deliver the goods you have ordered;
b) we do not deliver to your area; or
c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
2. If we do cancel your contract we will notify you by e-mail 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 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order (or within a reasonable time of the date of the Despatch Confirmation), unless there are exceptional circumstances. Any times or dates stated on the Website for delivery are estimates only.
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.
6 Refunds policy
6.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. 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 re-credited to you.
(b) for any other reason (for instance, because you have notified us that you do not agree to any change in these terms and conditions 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 refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
6.2 We will only refund any money received from you using the same method originally used by you to pay for your purchase.
7.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
7.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
7.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;
provided that this clause 7.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or clause 7.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 7.4.
7.5 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
7.6 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 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.
7.7 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.
8 Import duty
8.1 If you order Products 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.
8.2 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.
9.1 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.
2. This condition does not affect your statutory rights.
10 Events beyond our control
10.1 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.
11 Limitation of liability
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 11.2, any 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.
11.2 Subject to clause 11.3, 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 even if such losses result from our deliberate breach:
a ) loss of income or revenue;
b ) loss of business;
c ) loss of profits;
d ) loss of anticipated savings;
e ) incurred costs;
f ) loss of data; or
g ) waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (g) inclusive of this clause 11.2.
11.3 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 or section 2 of the Supply of Goods and Services Act 1982;
d ) defective products under the Consumer Protection Act 1987;
e ) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
f ) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12.1 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause (notice) above.
13.1 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.
15 Third party rights
15.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK 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.
16 Entire agreement
17 Our right to vary these terms
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18 Promotional Terms and Conditions
18.1 Discount codes are always subject to the discretion of HJ Hall, and exclusions may apply or change without prior notice. Discount codes are only valid on specific products, while stocks last and may be withdrawn at any time. Discount codes expire and cannot be used past their expiry date. There is a limit of one discount code per person, per order; discount codes cannot be combined. Where two (2) discount codes are valid at the same time, it is the customer's responsibility to determine which code they use. In the case of returns, a refund will be given for the amount paid on the product, not on the RRP of the product.