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Hexen Hub LTD - Terms & Conditions of Sale
1. GENERAL
1.1 In these terms and conditions (“the Conditions”):
“Delivery Address” means the address for delivery of the Goods to You, as indicated by You when placing an Order;
“Goods” means any goods (including all components, parts and accessories) to be supplied by Us to You under these Conditions;
“Order” means the placing of an order (or an Order Form via the Website) with Us;
“Order Form” eans Our order form on which orders shall be accepted by Us for the supply of the Goods;
“Our/ Us/ We” means Hexen Hub Limited, a company registered in England and Wales under company no.10146933 whose registered office address is: Hexen Hub Limited, 110 Pears Road, Hounslow, Middlesex, TW3 1SJ;
“Website” means Our website of www.pooltables.shop;
“You/ Your” means the person who purchases the Goods from Us.
1.2 All contracts of sale made by Hexen Hub Limited shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Hexen Hub Limited is dealing. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
The placing of an Order with Us shall be deemed to be Your acceptance of these Conditions.
1.3 No variation of these Conditions shall apply unless confirmed in writing by or on behalf of a Director of Hexen Hub Limited. We reserve the right to amend and update these Conditions and this Website at any time without notice and it is Your responsibility to re-visit this page each time You use the Website or place an Order with Us to ensure that You comply with the Conditions.
1.4 By submitting an Order Form or placing an Order via the telephone with Us, You shall be deemed to have accepted these Conditions.
1.5 You must be over the age of 18 years to place an Order and We reserve the right not to accept an Order where We reasonably believe that You do not meet this requirement.
1.6 These Conditions together with Our Order Form constitute the whole agreement between the parties and supersede any prior promises, representations, undertakings or implications whether written or oral.
1.7 We request that you note the right of cancellation in clause 2 and the limitation of liability in clause 10.
2. ACCEPTANCE AND CANCELLATION
2.1 Where Goods are ordered from the Website You will be required to submit an Order Form. You will also be required to click through, read and accept this document before being able to proceed with Your Order. Goods may also be ordered over the telephone.
2.2 We will then send an automatic receipt of order to the email address You have provided (for the avoidance of doubt this will not constitute acceptance of Your Order).
2.3 All Goods are subject to availability. If the Goods You have ordered are unavailable We will contact You to advise of the date of availability or to discuss the supply of a suitable alternative item. Should You wish to cancel Your Order at this point then You will be able to do so. If the Goods ordered are available, We will then send You written confirmation of acceptance of the Order (“Acceptance Notice”).
2.4 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays, will be processed the next working day.
2.5 Subject to clause 2.6 We shall not be bound to accept the cancellation, alteration or suspension for whatever cause of any Order so confirmed and the agreement by Us to any such cancellation, alteration or suspension shall be subject to You indemnifying Us in full in respect of all and any expenses and loss incurred or sustained by Us as a result.
2.6 Subject to clause 2.10, you may cancel Your Order without reason within 14 calendar days from the date of delivery of the Goods. You may notify us of Your wish to cancel by email, telephone, letter or fax. If you cancel under this clause the following will apply:
2.6.1 You should return the Goods to us within 14 days of notifying us of your wish to cancel in the same condition as they were delivered (in the original packaging, unused and/or flat-packed where appropriate). You must pay any delivery costs for their return depending upon the product it will cost between £2 and £600 including VAT;
2.6.2 Subject to clause 2.6.3, we will provide you with a refund using the same means of payment as you made for the Goods. The refund will include post and packaging at our standard rate only even if you chose a more expensive option for delivery. We will provide this within 14 days of your notice of cancellation if no Goods were delivered or within 14 days of receipt of the Goods (or earlier if we receive proof of return);
2.6.3 We have the right to deduct monies from your refund up to the total price for the Goods where the Goods show signs of use which diminishes their value as a result of unnecessary handling by you.
2.7 Subject to clause 7 and clause 2.6, Goods returned for any reason must be returned within 14 days from the date of delivery of them, and in the same condition as they were delivered (in the original packaging, unused and/ or flat-packed where appropriate). Unless the Goods are faulty, You must pay any delivery costs for their return, depending upon the product it will cost between £2 and £600 including VAT. We will not accept returns or cancellations if the Goods have been altered in anyway that could be deemed as You treating the Goods as Your own. Please note that You have a duty to take reasonable care of the Goods whilst they are in Your possession
2.8 If the Goods You are returning are either damaged by You or due to Your poor packaging then on inspection of the Goods We reserve the right to reject the return and You will incur the cost of re-delivery to Your address and no refund will be processed.
2.9 All bespoke items (where you have specified certain colours, woods, additional branding, or any other type of variation which do not come as standard) are non-refundable.
2.10 This clause 2.10 applies where You purchase bespoke Goods from Us under any credit arrangement under clause 2.9. You must tell Us immediately if You cancel Your credit arrangement in respect of those bespoke Goods. If You do cancel Your credit arrangement in respect of those bespoke Goods then You must pay us for those Goods within seven days starting the day after You cancel the credit arrangement.
3. DESCRIPTION
3.1 For the avoidance of doubt all sizes, measurements, drawings, descriptive matter, specifications, illustrations and advertising issued by Us on the Website are an approximation and are published for the sole purpose of giving an approximate idea of the Goods described.
3.2 You will be responsible for ensuring that the Order Form and Acceptance Notice is complete and accurate, and that the Goods will fit through doorways and have sufficient room to enable their use on Your premises. You acknowledge and accept that We will not be held responsible should this not be the case.
4. PRICE AND PAYMENT
4.1 We believe Our prices are among the most competitive in the UK market. Should You find a price which You believe to be better elsewhere then please contact Us and We will do Our utmost to beat that price for You. We offer discounts for bulk purchases, repeat customers, schools, universities and charities (such discounts will be at Our sole discretion). For more information please contact Us on 0772 338 4330.
4.2 Unless otherwise agreed, the price of the Goods shall be the price confirmed in the Acceptance Notice.
4.3 All prices, fees, charges, disbursements, expenses and other sums payable hereunder are in pounds sterling (£) and are inclusive of Value Added Tax.
4.4 The cost of postage and packaging per item can be found next to the Goods advertised on our Website. Please note that postage and packaging is mainly dependent on the size, weight and frailty of the Goods. If You have any specific delivery requirements then please contact Us in advance of placing an Order.
4.5 Payment is taken by credit or debit cards and is processed once You have received an Acceptance Notice from Us (in accordance with clauses 2.2 and 2.3). We accept Mastercard, Visa, American Express, Solo, Delta or Maestro.
4.6 Payment details will be taken at the point of Order and will be processed once We have accepted Your Order. Payment will be processed via Our SSL’s secure payment system.
4.7 You undertake that all details You provide to Us for the purpose of purchasing any Goods are correct, and that the credit or debit card which You use is Your own, that there are sufficient funds or credit facilities to cover the cost of any Goods, and that You are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of Your credit card or debit card details before processing Your Order.
5. DELIVERY
5.1 The Goods shall be delivered to the Delivery Address as set out in the Order Form, or to such other place of delivery as is agreed by Us in writing prior to delivery of the Goods.
5.2 Delivery will be deemed as successfully made once the Goods have arrived at the Delivery Address and signed for either by You or by someone at the delivery address on Your behalf. In the case of delivery to certain organisations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation will be accepted as proof of delivery.
5.3 Prior to delivery, you will be contacted to agree a time with the courier for delivery. If You are not available to accept delivery of the Goods, re-delivery may take up to 7-14 working days and you will be charged for the cost of re-delivery.
5.4 We reserve the right to only deliver to the cardholder’s registered address for Goods priced more than £200.
5.5 We do not normally deliver on Saturday, Sundays or public holidays.
5.6 We reserve the right to charge You postage and packaging and delivery expenses where deemed appropriate in accordance with the postage and packaging prices set out on Our Website from time to time.
5.7 Times for delivery of Goods from the date of acceptance of Your Order may vary and are intended to be an estimate only. Approximate times for delivery of certain items can be found next to the Goods advertised on the Website and will be confirmed in the Acceptance Note. Please note that in exceptional circumstances delivery can take up to 12 weeks.
5.8 You acknowledge and accept that We will not be responsible for any mistakes made on the Order Form by You regarding incorrect contact, address or delivery details. Where an error has been made You will be solely responsible for notifying Us in writing of the correct details before the Goods have been dispatched or as soon as possible thereafter.
5.9 All Goods are available for delivery in most places in mainland UK. Special delivery arrangements can be made to the Channel Islands, Northern Ireland, Republic of Ireland Isle of Wight, Isle of Man, Cornwall, and the Scottish Isles or Highlands. If You live in one of these locations please contact Us in advance of placing an Order so that We can advise You of availability and any additional charges incurred for delivery.
5.10 Where Goods are installed on Delivery, you are required to inspect the Goods before signing the delivery note. You must inform us immediately if you discover any surface defects or marks on the Goods. The Goods will be your responsibility once they have been signed for.
5.11 Where Goods are packaged, You must report any defects You discover on opening the packaging to us verbally within 24 hours and in writing within 48 hours of Delivery.
6. NON-DELIVERY
6.1 We shall not be liable for any non-delivery of the Goods unless written notice is given to Us within 7 days of the date when the Goods would in the ordinary course of events have been received.
6.2 Our liability (if any) for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note for the value of the price paid for such Goods.
7. QUALITY
7.1 We warrant that subject to these Conditions upon delivery and for a period of 12 months from the date of delivery the Goods will be:
7.1.1 of satisfactory quality within the meaning of the Sale of Goods Act 1979;
7.1.2 reasonably fit for the purpose for which the Goods are being sold by Us;
7.1.3 reasonably fit for the purpose for which the Goods are being bought if You had made known that purpose to Us in writing and We have confirmed acceptance of the purpose in writing.
7.2 Subject to clauses 5.10 and 5.11, We shall not be liable for a breach of any of the warranties in clause 7.1 unless:
7.2.1 You give written notice of the defect to Us within 7 days of when You discover or ought to have discovered the defect; and
7.2.2 We are given a reasonable opportunity after receiving the notice of examining the Goods and You (if asked to do so) return the Goods to Our place of business at Our cost.
7.3
7.3.1 You make any further use of the Goods after giving such notice as required by clause 7.2.1
7.3.2 the defect arises because You failed to follow Our oral or written instructions as to the storage, installation, use of, or maintenance of the Goods; or
7.3.3 You alter or repair the Goods without Our written consent.
7.4 Subject to the provisions of this clause 7, if any of the Goods do not conform with any of the warranties in clause 7.1, You may request that We repair or replace the Goods or refund the full price of such Goods provided that on Our request You shall (at Our cost and expense) return the Goods or the part of the Goods which is defective to Us.
7.5 Nothing in these Conditions affects Your statutory rights. Advice about your rights is available from your
Citizen’s Advice Bureau or Trading Standards Office.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Conditions or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence or our breach or if they were contemplated by you and Us at the time we entered into this Contract.
8.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business, or re-sale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not exclude or limit in any way Our liability for:
8.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
8.3.2 fraud or fraudulent misrepresentation;
8.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
8.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;
8.3.5 defective products under the Consumer Protection Act 1987.
9. DATA PROTECTION
9.1 You warrant that the details and information provided to Us are true and correct and that any future additions or alterations to Your detail and information will be true and correct, and submitted in a timely manner. We will not be liable to You for any reason arising from any instructions or Order Form supplied by You which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or arising from their late arrival or non arrival or other fault of Yours.
9.2 t is Our policy to respect the privacy of Our customers. We will not disclose the details and information provided by You to any third party unless We are specifically required to do so by law, or in response to a valid, legal request by a law enforcement or governmental authority or as may otherwise be authorised by You.
9.3 By accepting these Conditions, You acknowledge and consent that We may store and process Your personal details and information (for example Your name, address, telephone number and details of the service You use) in accordance with any data protection legislation and that We may use this information for marketing purposes. We have a responsibility to keep Your information confidential and will only use it to offer Our products and services.
10. FORCE MAJEURE
10.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business dues to circumstances outside Our reasonable control including, without limitation, strike, lockout or other industrial action (whether or not relating to either party’s workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond Our reasonable control provided that, if the event in question continues for a continuous period in excess of three months then You shall be entitled to give notice in writing to terminate these Conditions and a full refund will be made.
11. MISCELLANEOUS
11.1 The headings to these Conditions are for convenience only and shall not affect their construction.
11.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
11.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
11.4 Failure or delay by Us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of Our rights under these Conditions. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.
11.5 You shall not be entitled to assign or sub-licence or part with possession of any of Your rights or liabilities hereunder. We shall be free to sub-contract the performance of all or part of Our obligations hereunder.
11.6 A person who is not party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
11.7 Any copyright, trade-marks or other intellectual property rights contained on the Website and in all particulars, brochures or other material prepared by Us shall belong to Us unless otherwise stated.
11.8 These Conditions and any disputes or claims arising out of or in connection with their subject matter or the use of the Website are governed by and construed in accordance with the law of England.
11.9 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions.
11.10 If any portion of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Conditions shall not be affected.
12. NOTICES AND SERVICE
12.1 Any notice required under these Conditions or by statute, law or regulation shall (unless otherwise provided) be in writing and delivered in person, sent by registered mail or sent by email to:
12.1.1 In Our case, to Our registered office or such address as We may from time to time designate by notice hereunder;
12.1.2 In Your case, to Your registered office (if You are a limited company) or (in any other case) to any of Your addresses set out in any document which forms part of these Conditions or such other address as shall be notified by You to Us.