Hartley & Noble Ltd Terms & Conditions

Terms and Conditions

These terms and conditions govern your use of our website and purchase of our items. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content or any of our designs without our prior written consent.

Website uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Visitor provided material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from other websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Shipping

1.16a Hartley & Noble Ltd ships all items according to Incoterms DAP (Delivered at Place). This means that the buyer is responsible for all costs and risks associated with goods clearing customs in the destination country. Hartley & Noble Ltd is not responsible for paying any local taxes, customs, or handling fees once the items reach the destination country. Prices listed on our website do not include local taxes or customs charges. This is publicised clearly on our website. Buyers are also given advance notice of this by email when they place their order so that they have the opportunity to change their mind or cancel their order if they wish.

It is the responsibility of the buyer to make arrangements to pay any taxes, duties, or fees so that their parcel is released from customs without delay. If the buyer fails to pay these costs, does not respond to communication from the courier or the customs service, or refuses to pay local taxes and duties, the customs service will automatically return the parcel to the United Kingdom. Hartley & Noble will not pay for repeat redelivery to the buyer. Any redelivery cost will need to be met by the buyer.

If the buyer decides to decline their parcel because they decide they no longer want it, they have the right to refuse to accept delivery of the parcel. The shipping company will then return it to us in the UK, Hartley & Noble will be charged a return shipping fee by the shipper for this service. Hartley & Noble reserves the right to re-charge this fee to the buyer (not exceeding our direct costs). Hartley & Noble will deduct any costs incurred before any refund is made to the buyer. Hartley & Noble will process a refund for any unwanted goods upon their receipt in our workshop. No refund will be given until the unwanted items are back in our possession. In the event that they do not arrive, or they are damaged on arrival, Hartley & Noble will open a missing parcel claim with the shipping company. Once this claim has been processed, and Hartley & Noble have been reimbursed for the financial loss, the refund will be processed and the customer reimbursed. Hartley & Noble does not offer a refund for bespoke items. These are made-to-order personalised items designed specifically for the customer. There is no statutory requirement or obligation for us to provide a monetary refund or replacement for unwanted bespoke goods.

1.16b Orders will be processed and shipped without undue delay, no later than 30 days after your order has been placed.

1.17 If an order should arrive damaged, then it is the customers responsibility to take photographs of the damage and report this immediately with the courier service and to Hartley & Noble Ltd. Any claims for compensation will be raised according to the courier's Claims & Compensation Procedure. If refund or reimbursement is indicated, then this will only happen once the investigation and claims process is complete.

Cancellations, returns and refunds

1.18 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013.

1.19 Your right to cancel an order for standard products that are not made-to-measure / bespoke, starts the moment you place your order, and ends 14 days from the day you receive your goods.

1.20 To meet the cancellation deadline, you must notify us via email before the order cancellation period has expired.

1.21 If you are in possession of goods that you wish to return, you are under a duty to retain them and take reasonable care of them. If you intend to return the goods to us, they must be sent to our contact address at your own cost, as soon as possible once you have requested to cancel your order (unless we delivered the goods to you in error, or the item is damaged or defective). The items must be packaged carefully so that we receive them in good, undamaged condition. If they are returned to us in a damaged or used condition, we will decline to refund or replace. We will not refund or replace goods you have used, or goods that are damaged.

1.22 We reserve the right to make a charge not exceeding our direct costs, if you return the goods at our expense. (If you are returning them because they are faulty or defective, please email us to ask if we will cover the cost of returning them to us. In most cases, we are happy to do this.)

1.23 Once you have notified us that you wish to cancel an order, any sum debited to us will be refunded to you within 14 working days of us receiving your unwanted goods in good working condition. You will be given a full refund of the money you paid for the goods. You will not be refunded the cost of shipping / delivery. You will be responsible for covering the cost of shipping.

1.24 There are a number of exceptions to the consumer’s right to cancel an order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. The circumstances that exclude the consumer from the right to cancellation of their order are shown in Part 3, Section 28 of the Regulations. This includes the supply of goods that are made to the individual consumer's specifications or are personalised. When you place an order for bespoke goods or designs, these products are made-to-order specifically for you. Please make sure when ordering bespoke goods that you provide accurate measurements and are entirely happy with your order specifications before making payment. If you are unclear in any way, or need guidance, please contact us before making payment. We are always happy to help. Once fabricated / manufactured, it is not possible to cancel your order. There is no statutory requirement for us to provide monetary refund or replacement for unwanted bespoke goods.

1.25 In addition you will lose your right to cancel if you:

(a) Use your items / if they get soiled with clay or made wet.

(b) combine goods with other goods after delivery so that they become inseparable.

1.26 If the buyer wishes to return or exchange standard items, because you have ordered the wrong size, then please email us to make your request. It is your responsibility to ensure your measurements are accurate and we do not take responsibility for errors. Please note that if we agree to exchange or refund standard orders, it is the customer's responsibility to return the items to us in 'as new' and undamaged condition, so that we may return them to our stock. The customer has 28 days from the completion date of their order to return unwanted goods to us. If we do not receive your unwanted goods within the 28 day timeframe, then we reserve the right to decline to refund or exchange. This is essential for the smooth and cost effective operation of our small independent business.

1.27 If goods are damaged upon receipt of delivery, it is the buyer's responsibility to inform the courier service within 24 hours of receiving their delivery. The buyer must provide the courier with photographs of the internal and external packaging, and any damage sustained to the goods inside. This must be carried out in the time limits specified by the courier in their emails or texts to the customer. Claims for damages or losses MUST be raised with the courier in the first instance.

1.28 The Hartley & Noble Ltd website has secure payment options available to its customers at the checkout. Where a customer requests to pay by direct bank transfer instead, Hartley & Noble will facilitate this. It is the responsibility of the customer to check if their bank will charge them any fees for using this method of payment. Hartley & Noble Ltd will not be responsible for paying the customer's bank fees.

1.29 In the event that a customer paying by direct bank transfer chooses to cancel their order, Hartley & Noble Ltd will refund monies to the bank account from which the payment was made. If Hartley & Noble is charged a bank fee to carry out this refund, then this will be taken from the amount of money being refunded.

Law and jurisdiction

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.