Terms and conditions
- What these terms cover. These are the terms and conditions on which apply to orders made via our website, www.ghewitt.co.uk. By using and placing orders through our website you confirm that you accept these terms. We reserve the right to change these terms from time to time. It is therefore important that you check these terms each time you wish to place an order to ensure that you understand the terms that apply at that particular time. Nothing in these terms shall affect your statutory rights.
- Why you should read them. Please read these terms carefully before you order with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Who we are. We are G.Hewitt & Son, a sole trader in England and Wales. Our place of business is at 10 Victoria Street, Grimsby, DN31 1DP. Our registered VAT number is 128128675.
- How to contact us. You can contact us by telephoning our customer service team at 01472 342609 or by writing to us at firstname.lastname@example.org or 10 Victoria Street, Grimsby, DN31 1DP.
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- Where to find information about us and our products. You can find everything you need to know about us and our products on our website, in our catalogue or from our sales team before you order. We also confirm the key information to you in writing after you submit your order by email.
- When you buy from us you are agreeing that:
- We only accept orders when we've checked them.
- Sometimes we reject orders.
- We charge you when you order.
- We charge interest on late payments.
- We pass on some increases in VAT.
- We're not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- You're responsible for making sure your measurements are accurate.
- We charge you if you don't give us information we need.
- You have a legal right to change your mind.
- You have rights if there is something wrong with your product.
- We can change products and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We can end our contract with you.
- We don't compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Notice.
- Our contract with you
- How we will accept your order. We contact you to confirm we've received your order and that we accept it.
- Sometimes we reject orders. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK or because the product was mispriced by us (this is a non-exhaustive list). When this happens, we let you know as soon as possible and refund any sums you have paid.
- Your order number. We will assign an order number to your order and tell you what it is when we confirm we have received your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images or from the example products within our showroom. Although we have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on our website are estimates only so please allow an element of tolerance.
- Making sure your measurements are accurate. We will provide measurement information about our products on our website. It is important that you check that your products will fit your intended recipient. You can find information and tips on how to measure on our website, by contacting us or by visiting us instore.
Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
Minor changes to a product. We may change a product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements.
- More significant changes to a product and these terms. In addition, we may make changes to these terms or a product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
- Minor changes to a product. We may change a product:
Providing the products
- Delivery. The costs of delivery will be as informed to you during the order process and you are required to pay the delivery costs when you order.
- When we will provide the products. During the order process we will let you know when we expect to provide the products to you. This is an estimate only and we will not be liable to you for not meeting this estimated lead time. We will contact you to confirm a more accurate delivery time at the point of dispatch or to arrange a convenient date for collection (where you have specified that you would like to collect the product(s) from us during the order process).
- How we will deliver. Our products will be delivered by Royal Mail and will require a signature at the delivery address notified to us by you during the order process.
- We are not responsible for delays outside our control. If our delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Collection by you. If you have asked to collect the products from our store, you can collect the products from us on the date we agree with you during our working hours of 10:00 am and 4:00 pm Monday to Saturday. Please contact our customer service team once you have received an email from us stating that your product(s) are available for collection, to arrange a time to collect.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery, Royal Mail we will leave you a note informing you of how to rearrange delivery or alternatively you can collect the products. We may charge for re-delivery and storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or to organise collection we may end the contract and clause 9.2 will apply.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
- When you become responsible for the product. The product will be your responsibility from the time we deliver the product to your delivery location or collect from our store.
- When you own the products. You own the products once we have delivered the product to your delivery location or once you have collected your products from our store (as applicable).
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product as requested by you or notified by us to you.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 6 weeks you will not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Your rights to change your mind
- Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
When you can't change your mind.You can't change your mind about an order for:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- goods that are made to your specifications, are bespoke/custom made or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
- you have a legal right to end the contract because of something we have done wrong.
- The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver it or you collect it. If your purchase is split into several deliveries or collections over different days, the period runs from the day after the last delivery or collection.
- How to let us know. To let us know you want to change your mind, please contact us and we will organise for you to return the product(s).
- You have to return the product at your own cost. If you end the contract after the product(s) have been dispatched to you and because we cannot recall them they are delivered to you, you must return them to us. You have to return your product to us within 14 days of your telling us you have changed your mind. You must either return them in person to where you bought them, post them back to us via Royal Mail Special Delivery in the original packaging ensuring the product is well protected. If you are ending the contract because of any of the reasons in clause 8.3 then we will pay the costs of return. In all other circumstances you must pay the costs of return.
- We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we will reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the original packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our customer service team can advise you on whether we're likely to reduce your refund.
- When and how we refund you. If you tell us you've changed your mind about a product that hasn't been delivered or collected by you, we will refund you as soon as possible and within 14 days. Where you have received the product, you will need to return it and we will refund you within 14 days of receiving the product (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment prior to the arranged delivery/collection date (as applicable);
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (see clause 7.10); or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (which in some circumstances may be the full amount paid by you for the relevant products).
- If we cannot fulfil your order. If we are unable to fulfil your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, our supplier has discontinued it or because we have identified an error in the price or description of the product. We will let you know in advance that we cannot fulfil your order and will refund any sums you have paid in advance for products which will not be provided.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 01472 342609 or write to us at email@example.com. Alternatively, please speak to one of our staff in-store.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us in their original packaging via Royal Mail Special Delivery service ensuring the product is well protected. We will pay the costs of postage or collection.
- When and how we refund you.We refund you as soon as possible and within 14 days. If you're sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
- Product warranty. If the goods are faulty, we offer a 12 month extended product warranty. This is subject to you using the products in a way which is expected and does not apply to defects/faults arising as a result of you wilfully damaging, neglecting or failing to treat the products in accordance with the care guidelines supplied to you or as a result of fair wear and tear. If you discover the product is faulty within 12 months of receiving it, please contact us to arrange for an exchange.
- Price and payment
- Where to find the price for the product. The price of the product and delivery cost (which includes VAT) will be the price set out on our website and confirmed in our confirmation email in respect of your order. We take all reasonable care to ensure that the prices of products advertised to you are correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery) in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment with all the usual credit and debit cards. You must pay for the products (including delivery) when you place your order.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England 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. Failure to pay will result in the debt being passed to a third-party debt collector which may result in you incurring further charges.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We are not responsible for loss that could have been avoided by you. We are not responsible for any loss or damage you suffer that could have been avoided by you taking reasonable action, including you failing to follow our reasonable instructions for using the product(s).
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause 10.2 and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.