Terms and Conditions
Please read these terms and conditions carefully before ordering any of the products listed on our website or in our catalogue (“Products”). You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
This legal notice applies to all purchases made by you through the website under the domain name www.hurlbat.co.uk (“the Site”) or through our catalogue of gifts and cards (“the Catalogue”). Any references in these terms and conditions to "we" or "us" (or similar) are references to Hurlbat Publishing, unless the context requires otherwise.
These terms and conditions are only available in English.
1. Products
Specifications of the Products to be supplied by Hurlbat Publishing on the Site or in the Catalogue are not intended to be binding and are intended only to give a general description of the Products. Hurlbat Publishing warrants that it has the right to supply all the Products offered by it on the Site or in the Catalogue and that the Products will substantially comply with their description.
All Products are provided on an "as is" and "as available" basis. To the maximum extent permissible, Hurlbat Publishing makes no other warranties or promises about the Products, and any implied
warranties are excluded.
2. Availability, Prices and Information
Hurlbat Publishing does not promise that the Products are necessarily available, and all Products are offered for sale subject to availability.
The price for the Products shall be the price listed on the Site or in the Catalogue on the date of your order exclusive of the delivery charges which will be added to the total amount due.
All prices displayed on the Site or in the Catalogue are quoted in UK Pounds Sterling (£) and the Product price and the delivery charge must be paid in full except where discounts are offered as detailed on the Site or in the Catalogue.
Payment for all Products must be made by PayPal. Your payment will be taken at the time of ordering but if we consider that there is likely to be a significant delay in dispatching the same to you we will contact you using the contact details you provided to us when placing your order and offer you the opportunity to have the payment refunded. If we do not receive a reply from you within 7 days of our contacting you we shall be entitled to deem that you wish to continue with your order.
If you order Products 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.
3. Ordering on the Site
Once you click on the "Confirm Order” button we shall treat the order as an offer by you to purchase the Products subject to these terms and conditions of sale. You are responsible for ensuring the accuracy of your order.
If we accept your offer we shall confirm each order on-line via the internet and by e-mail. We will send you an e-mail confirming that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“the Contract”) will only be formed when we send the Dispatch Confirmation to you.
The terms of your orders will not be filed electronically and will not be made available to you on request so you should print off and retain our confirmation of the orders for your records. Please telephone +44 (0) 1462 473964 with any order queries.
The Contract will only relate to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have formed part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Personal Data
Hurlbat Publishing is registered under, and will process your personal data in accordance with, data protection legislation. Any personal data that is provided to us in the course of any transaction with you (with the exception of any credit card details which shall be kept confidential) shall be processed in accordance with the Hurlbat Publishing’s Privacy Policy.
5. Delivery
All Products will be delivered to the address(es) that you indicate when you complete the “Checkout” page of the Site or on the Catalogue order form and risk of damage to or loss of the Products shall pass to you at the time of delivery even if the Products have not been received by you in person.
We shall endeavour to deliver the Products within 21 days although this cannot be guaranteed and we shall not be liable for any delay in delivery of the Products howsoever caused. Please note that orders to be dispatched outside of the UK may take longer to fulfil.
We shall confirm each order in writing by sending you a receipt along with your Products.
6. Cancellation and Returns of Products
We want you to be totally satisfied with the Products that we provide to you. However if you would like to cancel your order and return the Products to us you may do so at any point within the 7 day cooling-off period from the day after receiving them (enclosing a copy of your Product order confirmation/receipt and your reasons for returning the Product). If you do wish to return the Product(s) to us please telephone us first on +44 (0) 1462 473964 to advise us.
If you are returning an entire order we will refund the full purchase price of the Products including the delivery charges. However, if you are only returning part of an order, no refund will be given in respect of the delivery charges.
You will be responsible for the cost of returning the Product to us, unless the Product is faulty. We strongly recommend that you either use recorded/signed for delivery or obtain a free certificate of posting form from the Post Office as we are not responsible for your parcel until it has been received by us. Items lost in transit will not be treated as returned.
You will not have any right to cancel any Contract if the order is for:
a) products which are made to your specifications or clearly personalised;
b) products which are liable to deteriorate or expire rapidly;
c) the supply of audio or video recordings in any format or computer software, that have been provided in a sealed package and that have been unsealed by you; or
d) newspapers, periodicals or magazines or the supply thereof (and this will include all subscriptions for newspapers, periodicals or magazines
None of this affects your rights to claim for defective or faulty goods or workmanship under the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982. However, in the case of faulty goods, the cancellation policy detailed above will not apply if the fault arises from, in our reasonable opinion, fair wear and tear, deliberate damage, accidental damage, negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the goods without manufacturer approval.
Hurlbat Publishing will confirm any cancellation by email and will repay to you the cost of the Products (including the delivery charges, if applicable) within 7 days from receipt of your cancellation. In order to obtain the refund the goods must be returned to us at the following address:
Hurlbat Publishing
The Pixmore Centre
Pixmore Avenue
Letchworth Garden City
Hertfordshire
SG6 1JG
7. Limitation of Liability
Hurlbat Publishing’s liability to you under the contract for the Products is limited to refunding the price of the Products (including the delivery charges, if applicable) as provided for in Clause 6.
Hurlbat Publishing is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including, without limitation, financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.
For the avoidance of doubt, nothing in these terms and conditions of sale shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence or the negligence of our officers or employees.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (a so-called “Force Majeure Event”). 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.
8. Changes to the Terms and Conditions of Sale
Our terms and conditions of sale may be changed. Please review them regularly. If you continue to use the Site or the Catalogue after a change has been made you are deemed to have accepted the changes.
9. Overseas Customers
As Hurlbat Publishing is a United Kingdom partnership, all charges shown on the Site and in the Catalogue are in Pounds Sterling. If you are placing an order from outside of the UK your card issuer may convert the charge into your local currency.
This Site and these terms and conditions have been designed for use within the UK. Whilst we will consider orders from outside the UK, we give no warranty, express or implied, that the Site or the Catalogue or the placing of any order through the Site or through the Catalogue from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, we reserve the right to refuse any order at our discretion from overseas customers and we will have no obligation to provide you with any reasons for refusing an order.
10. Law and Jurisdiction
These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Site, the Catalogue or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
11. Entire Agreement
This Contract supersedes all previous agreements or arrangements between you and Hurlbat Publishing in respect of the provision of the Products and represents the entire understanding between you and Hurlbat Publishing in relation to the same. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
12. Comments and Complaints
If you have any comments or complaints to make about purchases made through the Site or through the Catalogue please send them to Hurlbat Publishing, The Pixmore Centre, Pixmore Avenue, Letchworth Garden City, Hertfordshire, SG6 1JG or telephone +44 (0) 1462 473964.
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