ONLINE TERMS & CONDITIONS OF SALE
Hendon Tripod Ladders
(a trading division of Carr's Billington Agriculture (Sales) Limited)
1. These terms
- What these terms cover. These are the terms and conditions on which we supply goods or services to you.
- Why you should read them. Please read these terms carefully before you submit your order to 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.
2. Information about us and how to contact us
- Who we are. We are Hendon Tripod Ladders a trading division of Carr's Billington Agriculture (Sales) Ltd, a company registered in England and Wales. Our company registration number is 00189740 and our registered office is at Old Croft, Stanwix, Carlisle, CA3 9BA.
- How to contact us. You can contact us by telephoning our customer service team at 01228 591 091 or by writing to us using the Contact Form on our website.
- 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.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we send you an order confirmation email to you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product and refund you in full. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements which may come into force at any time.; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the productbut may need to be made to adhere with constantly updating regulation requirements and legislation.
5. Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website at the point of checkout.
- When we will provide the products. During the order process we will let you know when we will despatch the products to you depending on the method of delivery you select.
- We are not responsible for delays outside our control. If our supply of the products 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.
- If you are not in when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- 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 8 will apply.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. You own a product which is goods once we have received payment in full, or whenever they are delivered to you, whichever is the later.
6. Consumer rights to end the contract
- If you are buying products from us as a consumer, then this clause 6 shall apply. If you are purchasing products wholly or mainly in connection with a trade or business, then this clause 6 shall not apply. As a consumer:
- if what you have bought is faulty or misdescribed you may have a legal right to end the contract(or to get the product repaired or replaced or your money back), see clause 9.1;
- if you want to end the contract because of something we have doneor have told you we are going to do, see clause 6.2; or
- if you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any good.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- 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; or
- you have a legal right to end the contract because of something we have done wrong including because we have delivered late.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- How long do I have to change my mind? If you have bought goods then you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Your goods are for regular delivery over a set period In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7. How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01228 591 091. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the Contact Form on our website.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on 01228 591 091 for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right to change your mind.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2
8. 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 within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- you do not, within a reasonable time, allow us access to your premises to supply the services.
9. 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 customer service team at 01228 591 091 or write to us using the Contact Form located on our website.
10. Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
- 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. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- 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 in full before the change in the rate of VAT takes effect.
- When you must pay and how you must pay. We accept payment VISA Credit, VISA Debit and MASTERCARD. When you must pay depends on what product you are buying:
You must pay for the goods before we dispatch them.
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.
- 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.
11. Our responsibility for loss or damage suffered by you
- Where you buy products from us as a consumer, we are responsible to you for foreseeable loss and damage caused by us.
- We are not liable for any consequential losses arising as a result of any failures including any breach of these terms including but not limited to loss of profits, goodwill, revenue, overheads or any losses of any kind that are not reasonably 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 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.
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12. How we may use your personal information
13. Other important 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 and Welsh law and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the courts in England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the courts in England and Wales.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to an Alternative Dispute Provider, these are listed on the ‘Chartered Trading Standards Institute’ website and will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. The ‘Chartered Trading Standards Institute’ Consumer Helpline can be contacted on 03454 04 05 06. Alternatively you could contact the Ombudsman Association or the Citizens Advice Consumer Service. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution