Terms of Supply
This document (together with the documents referred to in it) tells you the terms on which we supply any of the products (“Products”) listed on our website www.hawthornhouse.co.uk (the “Site”) to you. Please read these terms of Supply carefully and make sure that you understand them, before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms of Supply.
You should save a copy of these Terms of Supply for future reference.
Please click on the button marked “I Accept” at the end of these Terms of Supply if you accept them. Please understand that if you refuse to accept these Terms of Supply, you will not be able to order any Products from the Site1.
The Site is operated by Hawthorn House Limited, a company registered in England and Wales under company number 8299044 , with its registered office at Hawthorn House Ltd, Upper Aston Claverley Shropshire WV5 7EE (“we”, “us”, “our”). Our main trading address is Hawthorn House Ltd, Upper Aston, Claverley, Shropshire WV5 7EE
By placing an order through our Site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an email 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 email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only 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 been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
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, provided that the Products are returned in a satisfactory condition, as determined by us, you will receive a full refund of the price paid for the Products, together with any applicable delivery charges, in accordance with our refunds policy (set out in clause below).
To cancel a Contract you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Details of your statutory right of cancellation, and an explanation of how to exercise it are provided in the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.
Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and Title
The Products will be your responsibility from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and Payment
The price of the Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
Subject to clause 7.3 below, Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
For the avoidance of doubt, VAT shall not be charged on Products which are to be delivered to an address which is outside of the EU.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
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 dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard and Maestro. Please note we do not currently accept American Express. We will not charge your credit or debit card until we dispatch your order.
Our refunds policy
If you return a Product to us:
because you have cancelled the Contract between us within the seven-day cooling-off period (see clause above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation, provided that the Product is returned to us in a satisfactory condition, as determined by us. In this case, we will refund the price of the Product in full, together with any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
for any other reason (for instance, because you have notified us in accordance with clause that you do not agree to a change in these Terms of Supply or in any of our policies, or because you consider that the Product is defective (which for the avoidance of doubt shall mean that the Product is damaged, of poor quality or not fit for purpose)), we will examine the returned Product to assess its defectiveness and will notify you of the status of your refund via email within a reasonable period of time. Where applicable, 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 email that you were entitled to a refund. We will refund the price of a defective Product in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We do not except returns on sale items or fragrance products.
We warrant to you that any Product purchased from us through the Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
Subject to clause , if we fail to comply with these Terms of Supply, we shall only be liable to you for the purchase price of the Products.
Subject to clause , we will not be liable for losses that result from our failure to comply with these Terms of Supply that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data;
or (vi) waste of management or office time.
However this clause 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 (i) to (vi) inclusive of this clause.
Nothing in these Terms of Supply excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
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;
defective products under the Consumer Protection Act 1987; or
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you order Products from the 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.
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.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email 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. This condition does not affect your statutory rights.
All notices given by you to us must be given to Hawthorn House Limited at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the posting of any letter. In proving service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post and in the case of an email that such email was sent to the specified email address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e)impossibility of the use of public or private telecommunications networks;
(f)the acts, decrees, legislation, regulations or restrictions of any government; and
(g)pandemic or epidemic.
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.
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 of Supply, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms of Supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause.
If any court or competent authority decides that any of the provisions of these Terms of Supply or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These Terms of Supply, together with the Site Terms of Supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms of Supply.
We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Supply, together with the Site Terms of Supply or the documents referred to in them.
Each of us acknowledges and agrees that the only remedy available to it for breach of these Terms of Supply shall be for breach of contract under these Terms of Supply. Nothing in these Terms of Supply, however, operate to limit or exclude any liability for fraud.
Our right to vary these Terms of Supply
We have the right to revise and amend these Terms of Supply from time to time.
You will be subject to the policies and terms of Supply in force at the time that you order products from us, unless any change to those policies or these Terms of Supply 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 of Supply before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms of Supply, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Third party rights
A person who is not party to these Terms of Supply or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.