(1) Introduction
Please read these
terms of sale carefully.
You will be asked to
expressly agree to these terms of sale before you place an order for products
from our website.
(2) Interpretation
In these terms of
sale, "we” means Handystores.co.uk (and "us” and "our” will be construed
accordingly); and "you” means our customer or potential customer for products
(and "your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an "invitation to
treat”; and your order for products constitutes a contractual offer. No contract will come into force between you
and we unless and until we accept your order in accordance with the procedure
detailed below.
In order to enter
into a contract to purchase products from us, you will need to take the
following steps:
(i)
you must add the products you wish to
purchase to your shopping cart, and then proceed to the checkout;
(ii)
if you are a new customer, you must then
create an account with us and log in; if you are an existing customer, you must
enter your login details;
(iii)
once you are logged in, you must select your
preferred method of delivery and confirm your order and your consent to these
terms of sale;
(iv)
you will be transferred to the Barclays
website, and Barclays Payment Gateway will handle your payment;
(v)
we will then send you an initial
acknowledgement; and
(vi)
Once we have checked whether we are able to
meet your order, we will either send you an order confirmation (at which point
your order will become a binding contract) or we will confirm by email that we
are unable to meet your order.
We will not file a
copy of these terms of sale specifically in relation to your order. We may update the version of these terms of
sale on the website from time to time, and we do not guarantee that the version
you have agreed to will remain accessible.
We therefore recommend that you download, print and retain a copy of
these terms of sale for your records.
The only language in
which we provide these terms of sale is English.
Before you place
your order, you will have the opportunity of identifying whether you have made
any input errors by duplication of wrong product code, etc. You may correct those input errors before
placing your order by returning to product page and re-enter the products,
quantities or removing from the basket.
(4) Products
The products here
are described as Hardware Products. The products sold on this website are subject to the
Product Description which sets out conditions related to the sale of that item.
We will take all reasonable care to ensure that all details and prices of
products appearing on this website are correct at the time when the relevant
information was entered onto the system.
Although we aim to keep the website as up to date as possible,
information appearing on this website at a particular time may not always
reflect the exact situation at the moment you place your order. We cannot
confirm the price of a product until your order is accepted and confirmed.
5) Price and payment
Prices for products
are quoted on our website. The website
contains a large number of products and it is always possible that some of the
prices on the website may be incorrect.
We will verify prices as part of our sale procedures so that a product's
correct price will be stated when you pay for the product.
In addition to the
price of the products, you may have to pay a delivery charge, which will be as
stated when you pay for the product.
Payment must be made
upon the submission of your order. We
may withhold the products and/or cancel the contract between us if the payment
is not received from you in full in cleared funds.
The prices on the
website include all value added taxes (where applicable).
Payment for all
products must be made by online payment or any method detailed on the website
from time to time.
Prices for products
are liable to change at any time, but changes will not affect contracts which
have come into force.
(6) Your warranties
You warrant to us
that:
(a) You
are legally capable of entering into binding contracts, and you have full
authority, power and capacity to agree to these terms of sale;
(b) The
information provided in your order is accurate and complete;
(c) You
will be able to accept delivery of the products;
[(d) You
are resident in England and non-mainland uk
[(e) You
are at least 18 years of age.
(7) Delivery policy
We will arrange for
the products to be delivered to the address for delivery indicated in your
order.
We will use
reasonable endeavours to deliver products on or before the date for delivery
set out in our order confirmation or, if no date is set out in our order
confirmation, within 5-10 days of the date of our order confirmation excluding
Bank holidays. However, we cannot
guarantee delivery by the relevant date.
We do however guarantee that unless there are exceptional circumstances
all deliveries of products will be dispatched within 30 days of the later of
receipt of payment and the date of our order confirmation.
(8) Offensive Weapons Act
Under the
Offensive Weapons Act, it is an offence to sell knives, knife blades or any
other product that may be perceived as an offensive weapon to persons under the
age of 18. These products are only available for customers aged 18 or over.
Customers should not order these items for persons under 18.
By placing an order on our website, you agree to our terms and conditions of
sale and hence confirm that you are over 18 years of age and can legally
purchase products covered by the Offensive Weapons Act.
(9) Risk
and ownership
The products will be
at your risk from the time of delivery.
Ownership of the products will only pass to you upon the later of:
(a) Delivery
of the products; and
(b) Receipt
by us of full payment of all sums due in respect of the products (including
delivery charges).
We will be entitled
to recover payment for the products even where ownership has not passed to you.
(10) "Cooling off” period
Under the Distance
Selling Regulations, you may cancel a distance contract to purchase a product
or products from us at any time within 7 working days after the day you
received the relevant products or products (subject to the limitations set out
below).
In order to cancel a
contract in this way, you must give to us written notice of cancellation by
email –returns@handystores.co.uk.
If you cancel a
contract on this basis, you must promptly return the products to us, in the
same condition in which you received them.
If you cancel a
contract on this basis, you will be refunded in full. However, you will be responsible for paying
the cost of returning the product to us.
If you cancel a
contract on this basis and you do not return the products to us, we may recover
the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our
expense, we may pass that expense on to you.
(11) Statutory rights
Nothing in these
terms of sale affects your statutory rights (including your right to receive a
refund in respect of any defective product we sell to you).
(12) Refunds
If you cancel a
contract and are entitled to a refund, we will usually refund any money
received from you using the same method originally used by you to pay for your
purchase. We will process the refund due to you as soon as possible and, in any
event; within 30 days of the day we received your valid notice of cancellation
(13) Limitations
and exclusions of liability
Nothing
in the terms of sale will:
(a)
Limit or exclude the liability of a party for death or personal injury
resulting from negligence;
(b)
Limit or exclude the liability of a party for fraud or fraudulent
misrepresentation by that party;
(c)
Limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the
Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
(d) Limit any liability of a
party in any way that is not permitted under applicable law; or
(e)
Exclude any liability of a party that may not be excluded under applicable
law. Any statutory rights which you have
as a consumer, which cannot be excluded or limited, will not be affected by the
terms of sale.
The
limitations and exclusions of liability set out in this Section and elsewhere
in the terms of sale:
(a)
Are subject to the preceding paragraph; and
(b)
Govern all liabilities arising under the terms of sale or in relation to the
subject matter of the terms of sale, including liabilities arising in contract,
in tort (including negligence) and for breach of statutory duty.
We
will not be liable to you in respect of any losses arising out of any event or
series of events beyond our reasonable control.
We will not be
liable to you in respect of any business losses, such as loss of or damage to
profits, income, revenue, use, production, anticipated savings, business,
contracts, commercial opportunities or goodwill.
(14) General terms
We will treat all
your personal information that we collect in connection with your order in
accordance with the terms of our privacy policy; use of our website will be subject to our
website terms of use.
Contracts under
these terms of sale may only be varied by an instrument in writing signed by
both you and us. We may revise these
terms of sale from time-to-time, but such revisions will not affect the terms
of any contracts which we have entered into with you.
If any provision of
these terms of sale is held invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions will remain in full force and effect, and
such invalid or unenforceable provisions or portion thereof will be deemed
omitted.
No waiver of any
provision of these terms of sale, whether by conduct or otherwise, in any one
or more instances, will be deemed to be, or be construed as, a further or continuing
waiver of that provision or any other provision of these terms of sale.
You may not assign
charge, sub-contract or otherwise transfer any of your rights or obligations
arising under these terms of sale. Any
attempt by you to do so will be null and void.
We may assign, charge, sub-contract or otherwise transfer any of our
rights or obligations arising under these terms of sale, at any time –
providing such action does not serve to reduce the guarantees benefiting you
under these terms of sale.
Each contract under
these terms of sale is made for the benefit of the parties to it and is not
intended to benefit, or be enforceable by, any other person. The right of the
parties to terminate, rescind, or agree any amendment, variation, waiver or settlement
under such contracts is not subject to the consent of any person who is not a
party to the relevant contract.
Subject to the first
paragraph of Section 13: these terms of sale contain the entire agreement and
understanding of the parties in relation to the purchase of products from our
website, and supersede all previous agreements and understandings between the
parties in relation to the purchase of products from our website; and each
party acknowledges that no representations not expressly contained in these
terms of sale have been made by or on behalf of the other party in relation to
the purchase of products from our website.
These terms of sale
will be governed by and construed in accordance with English law, and the
courts of England and Wales will have
non-exclusive jurisdiction to adjudicate any dispute arising under or in
relation to these terms of sale.
(15) About us
Our full name is
Handy stores
Our office address
is 19 Leegate, Lee Green, London,
SE12 8SS.
Our email address is
info@handystores.co.uk.
Our VAT number is
358 5506 30.