Terms and Conditions

 

Our Standard Business Terms & Conditions

1.    Definitions 

In these conditions (the Conditions) the following definitions shall apply: 
Confirmation means the written confirmation of the Order by S&H. 
Event Outside of Our Control is defined in clause 8.2. 

Goods means the goods or articles which are the subject of the Order. 
Order means the Buyer’s instructions to S&H to supply the Goods and/or Services and Ordered shall be construed accordingly. 

S&H/we/us means Sleeman & Hawken Limited whose company number is 00599191. 
you means the party who has placed the Order with S&H.

2.    Contract

2.1.    These are the Conditions upon which S&H supply Goods to you. 

2.2.    Please ensure that you read these Conditions carefully and check the details on the Order and that these Conditions are complete and accurate before you sign the Order.  If you think there is a mistake or require any changes to the Order please let S&H know prior to signing the Order. 

2.3.    When you sign and submit the Order to S&H this does not mean your Order for Goods has been accepted.  Acceptance of the Order will take place as described in clause 2.4.  If S&H are unable to supply you with the Goods, you will be informed in writing and the Order will not be processed. 

2.4.    These Conditions will become binding on the Buyer and S&H when we issue you with Confirmation at which point a contract will come into existence between you and S&H. 

3.    Price 

3.1.    The price payable for the Goods shall be the price set out in our price list in force at the date of the Order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the product advised to you is correct.  Special prices on parts may be available from time to time on our Ebay Shop which may vary from the standard list price.  It is recommended that customers check this for the best prices.

3.2.    We will pass on changes in the rate of VAT.  If the rate of VAT changes between acceptance of the Order and the date the Goods are supplied we will adjust the rate of VAT that you pay, unless you have already paid in full before the change of rate takes effect. 

4.    Delivery 

4.1.    Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.  

4.2.    An estimated delivery date will be advised when Confirmation is issued.  Our delivery to you may be affected by an Event Outside of our Control, please see clause 8 for our responsibilities when this happens. 

4.3.    If you have asked to collect Goods from our premises, you can collect them from us at any time during our opening hours of 9am to 5pm on weekdays. 

4.4.    Delivery of an Order shall be completed when we deliver the Goods to the address you gave us or you collect them from us and the Goods will be your responsibility from that time. 

4.5.    You own the Goods once we have received payment in full. 

5.    If there is a problem with the Goods 

5.1.    The Goods must be as described, fit for purpose and of satisfactory quality. 

5.2.    If you wish to return rejected Goods because they are faulty you must either return them using a method which provides proof of delivery or allow us to collect them from you.  

5.3.    Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.  Nothing in these Conditions will affect your legal rights. 

6.    Payment

6.1.    Where we are providing Goods to you, you must make payment for the Goods in advance unless otherwise agreed in writing at the time of Confirmation. 

6.2.    If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds Bank Plc from time to time.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.  You must pay us interest together with any overdue amount. 

6.3.    However, if you dispute an invoice in good faith and contact us to let us know promptly after you receive it that you dispute it, clause 6.2 will not apply for the period of the dispute. 

7.    Our liability to you

7.1.    All products are supplied are subject to a manufacturer’s warranty and/or guarantee. If we fail to comply with these Conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. 

7.2.    We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. 

7.3.    We do not exclude or limit in any way our liability for: 

7.3.1.    death or personal injury caused by our negligence or the negligence of our employees; or

7.3.2.    our fraud or fraudulent mispresentation. 

8.     Events Outside of Our Control

8.1.    We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Conditions that is caused by an Event Outside of Our Control. 

8.2.    An Event Outside of Our Control means any act or event beyond our reasonable control, including without limitation, strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, war, fire, explosion, storm, flood or other natural disaster or failure of public or private telecommunication networks. 

8.3.    If an Event Outside of Our Control takes place that affects the performance of our obligations under these Conditions: 

8.3.1.    We will contact you as soon as reasonably practicable to notify you; and 

8.3.2.    our obligations under these Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside of Our Control.  Where the Event Outside of Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you when the Event Outside of Our Control is over. 

9.    Your rights to cancel 

9.1.    Before we provide the Goods you have the following rights to cancel an Order: 

9.1.1.    You may cancel an Order for Goods at any time before we despatch the Goods by contacting us.  We will confirm your cancellation in writing to you; 

9.1.2.    If you cancel an Order under clause 9.1.1 and you have made payment in advance for Goods that have not been delivered to you, we will refund these amounts and any delivery charges to you; 

9.1.3.    Unfortunately, if you attempt to cancel an Order for Goods under clause 9.1.1 and we have already despatched your Goods to you, we will not be able to cancel your Order until it is delivered or collected.  In this case, if you return the Goods to us, we will have to charge you the costs of collection or you will have to pay the cost returning the Goods back to us.  This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.  Goods must be returned unused and in their original packaging. 

9.1.4.    Goods supplied from our stock that are returned in a worn or damaged condition as result of use or excessive handling will incur a reasonable charge proportionate to the actual costs to us in accepting the Goods.  Goods ordered for you from a third party supplier will be subject to any charges or conditions made by that supplier. 

10.    Our right to cancel 

10.1.    We may cancel an Order before the Goods are delivered, due to an Event Outside of Our Control or the unavailability of stock.  If this happens: 

10.1.1.    we will promptly contact you to let you know; and

10.1.2.  if you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you. 

11.    Information about us and how to contact us

11.1.    We are a company registered in England and Wales.  Our registered VAT number is 141 1771 96. 

11.2.    If you have any questions or complaints, please contact us.  You can contact us by telephoning +44 1626 778266 or e-mailing us at sales@sleeman-hawken.co.uk. 

11.3.    If you wish to contact us in writing, or if any clause of these Conditions in writing, you can sent this to us by e-mail, by hand or by pre-paid post to our registered office.  If we have to contact you or give you notice in writing, we will do so by e-mail, by hand or by pre-paid post to the address you provide to us in the Order. 

12.    How we may use your personal information

12.1.    We will use the personal information you provide to us to: 

12.1.1.    provide the Goods; 

12.1.2.    process your payment for the Goods; and 

12.1.3.    inform you about similar products or services that we provide but you may stop receiving these at any time by writing to us. 

12.2.    We will not give your data to a third party except in accordance with the law. 

13.    Other important Conditions 

13.1.    We may transfer our rights and obligations under these Conditions to another organisation, and we will notify you in writing if this happens, but this will not affect your rights or our obligations under these Conditions. 

13.2.    This contract is between you and us.  No other person shall have any rights to enforce any of its terms. 

13.3.    Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 

13.4.    If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean we will automatically waive any later default by you. 

13.5.    These Conditions are governed by English law.  You and we both agree to submit to the exclusive jurisdiction of the English Courts.