TERMS AND CONDITIONS

Soal - Terms and Conditions of sale - Consumer

 

Note: These terms apply to contacts made with private individual not businesses. For business or institutional sales please see Business Terms. 

 

1. Definitions

 

In this Contact: 

 

• ‘Goods’ includes goods supplied and/or supplied and installed.

• ‘Soal’ , ‘We’, ‘us’, or’ our’ means Heart Smoke & Soal Ltd, and 

• ‘Customer’, ‘You’ or ‘your’ means the person buying Goods from us

• ‘Order Confirmation’ is the email or letter or invoice sent to you confirming our acceptance of the order and the proposal of the order is based together with any additional information you may need. 

• ‘Proposal’ is the proposal sent to you by us giving details of the proposed Goods we will supply. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation. 

 

 

2. Who are we?

 

• Heart Smoke & Soal Ltd is a company registered in England and Wales with registered number 12620902.

• Registered office is at Waterside Court, Falmouth Road, Penryn, Cornwall, United Kingdom, TR10 8AW;

• e-mail: sales@heart-smoke-soal.co.uk or 01409 251357

• We are normally open Monday to Friday from 9:00 am to 3:00 pm. 

• “Soal” is a trading name of “Heart Smoke & Soal Ltd”

• Our VAT number is 363 0065 27 

Our website is at: www.heartsmokesoal.co.uk

 

3. Introduction

 

3.1 If you buy Goods from us you agree to be legally bound by this contract. 

3.2 When buying any Goods you also agree to be legally bound by: 

3.2.1 Details and specific terms which apply to your order that are set out in the proposal

3.2.2 Other details that have been agreed and are confirmed in writing in the order confirmation. 

3.2.3 Requirements for safety including those in the Safety Instructions

3.2.4 Our Privacy Policy at www.heartsmokesoal.co.uk/privacy-policy/ 

3.2.4 These documents form part of this contract as though set out in full here. 

 

4. Information we give you

 

4.1  By Law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in the contract, such as company and contact details above, and details of our warranty contact information in Clause 11.  

4.2 Once the contact is made we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail. 

 

5. Your privacy and personal information

 

5.1 Your privacy and personal information are important to us. Any personal information that you provide us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information. Your rights in relation to your personal information and how to contact us if you have a complaint or query about the use of your personal information. 

5.2 Our privacy Policy is available at www.heartsmokesoal.co.uk/privacy-policy/

 

 

6. Ordering Goods from us

 

Below, we have set out for your information how a legally binding contract between you and us is made:

6.1 The Proposal or any other information or quotation given to you by us before you make an order for goods is not a binding offer by us to supply such goods. 

6.2 When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us. 

6.3 When you place an order with us, we will carefully check the details and will normally issue an order confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding products or installation dates) we will contact you as soon as possible by telephone or e-mail. Once we have confirmed that you are happy we will send you an Order Confirmation which includes these details. 

6.4 The contract is binding once the Order Confirmation is sent out and we start the detailed design and production of the Goods ready to deliver and/or install them for you. 

 

 

7. Delivery and Installation

 

 

7.1 The time(s) and date(s) for delivery, and for installation where applicable, will be arranged with you by phone within the period shown on the Proposal and Order Confirmation.

7.2  If you have any questions please contact us using the details shown above.

7.3  If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email.

7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us, and if we are installing the Goods for you the order will be regarded as completed as soon as installation has been satisfactorily finished.

7.5 If you require a mains gas, electrical or water connection these are not included unless specifically stated within the Proposal and Order Confirmation and we can arrange this for you with our Gas Safe an WRAS qualified engineer or you can to arrange for these separately with suitably qualified and certified persons.

7.6 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you.

7.7 Title to the Goods shall not pass to the Customer until Soal has received payment in full and cleared funds for the Goods.

7.8 If before title to the Goods passes to the Customer, the Customer’s financial position deteriorates to such an extent that, in the opinion of Soal, the Customer’s capability to make payment has been placed in jeopardy, Soal shall be entitled to recover possession of the Goods and for that purpose the Customer authorises Soal to enter any premises of the Customer, or any third party, where the Goods are stored in order to recover them.

 

 

 

8. Payment and Price

 

8.1 We accept payment by most methods including bank transfer, cheques, and Visa or MasterCard credit cards and debit cards.

8.2  Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing:

•                       a) For orders of in-stock products payment is required in full at point of order and delivery will be arranged within 10 working days unless clearly stated otherwise.

•                       b) For orders placed by phone and/or email or for bespoke products other payment terms may apply.

8.3 The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details:

•                       a) The total price which includes VAT at the applicable rate.

•                       b) All charges for delivery at the address shown.

•                       c) Charges for installation if Soal is providing this service.

(Note: unless otherwise stated prices quoted for delivery and installation assuming the address is on the UK mainland at ground level with normal access. If this is not the case extra charges will apply – please ask for a quotation before ordering.)

If you have questions or anything is not clear please contact us for clarification as we want everything to be clear to you.

8.4 In the event of failure to make any payments on the due date, Soal reserves the right to charge interest on the overdue amount at the rate of 4% per annum above the current Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount and any discount provided for on Soal’s invoice(s) shall be cancelled.

 

9. Right to Returns and cancellations

 

9.1 Customers buying through the website or by phone and email without visiting our premises have additional cancellation rights. After the order has been placed you have a period of 14 days when the order can be cancelled and a further right of cancellation for 14 days after the goods have been delivered before they are installed.

9.2 It is important to understand that because of the specialist nature and large size of the product, delivery and collection costs are expensive and customers are required to pay for these if orders are cancelled after delivery. The cost of delivery may not be refunded and the cost of collection will be calculated and charged based on the cost of sending specialist carriers to the collection address but would not exceed £250 plus VAT for mainland UK. Any product returned must be in “as new” condition and Soal may deduct charges for excessive handling or damage.

 

10. Nature of the Goods

 

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’) which we must comply with. We will ensure that the Goods supplied:

10.1.1 are of satisfactory quality

10.1.2 are fit for purpose

10.1.3 match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and

10.1.4 are installed properly (if we are installing the Goods)

10.2 Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display and or used will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use.

10.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy.

 

 

11. Additional Customer requirements

 

Please read the following carefully and contact us if any questions.

As part of this contract the customer undertakes to:

11.1 Carefully read and follow all safety and other instructions supplied by Soal and the manufacturers of other Goods supplied, including guidance for the safe use and storage of gas bottles and appliances such as https://www.calor.co.uk/gas-bottles .

11.2 Ensure that barbecues, fire-pits, grills and all heating and/or cooking appliances are always attended by a competent person who will also ensure that other persons, pets and flammable materials etc. are kept away from surfaces that are or could become hot and other risks, and that all food is properly cooked.

11.3 take precautions in event of extreme weather conditions to ensure the installation is suitably protected or anchored and separate accessories removed

11.4 Ensure that all and any needed permissions for the installation and use of the Good(s) have been obtained from any parties who may need to give this (possibilities include landlords, local council planning or building regulations, environmental, health and fire authorities, etc.) and fire and other risk assessments carried out. In case of doubt as to whether any permissions may be needed professional advice should be sought.

11.5 Ensure that the site chosen is a safe distance from any flammable materials and free from other hazards. It is important to carefully consider all risks including for example timber or plastic cladding, thatched roof, living wall, insulation, anything that could get hot or catch fire including materials that may be hidden.

11.6 Ensure (if the kitchen is to be installed on a surface that is already prepared) that any prepared surface is flat and square and plumb and non-flammable.

11.7 Ensure (if there has not been a site visit by Heart Smoke& Soal Ltd to measure up) that all information measurements and requirements given to heart Smoke& Soal Ltd are correct and accurate

11.8 Provide Heart Smoke & Soal Ltd and whoever is installing the kitchen with details of any visible or hidden water gas electricity or other services in the vicinity of the site or any asbestos or other hazards.

11.9 Be available at the agreed time to accept handover of the installed kitchen or delivery

11.10  Ensure that payment is received by Heart Smoke& Soal Ltd on time and in accordance with the agreed arrangements

11.11 Ensure, where the customer is not the end-user, that all safety instructions are passed on to the end-user of the Goods.

 

12. Warranty etc.

 

12.1 Soal undertake to provide the following warranty against defective materials and workmanship:

•                       a) Kitchen structure and structural materials.

•                       b) Barbecues, appliances, sinks/taps, branded buildings and other accessories – manufacturers’ warranty applies.

The warranty is only valid where the product has not been modified, relocated or changed in any way.

We undertake to rectify free of charge any material fault which develops within the period shown above, so far as is reasonable, other than wearing parts or anything caused by unfair wear and tear or natural weathering and ageing. Corrosion and related damage is excluded where kitchens are installed in coastal areas.

If you have any queries or concerns regarding the Goods supplied and/or installed or our service or any other matter relating, do not hesitate to contact us on 01409 251357 or email 

grees@heart-smoke-soal.co.uk or using the address details in clause (2) and we will promptly attend to any query or concern you may have.

12.2  Please note that natural materials and other finishes may vary in colour due to differences in grain and shade and that materials such as stone and wood may naturally season and age or weather over time.

12.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) or any other rights you may have in law (see adviceguide.org.uk for more details of your legal rights).

 

13. Limit on our responsibility to you

 

13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

13.1.1 Losses that:

•                       were not foreseeable to you and us when the contract was formed

•                       were not caused by any breach on our part

13.1.2  Business losses

13.1.3  losses to non-consumers

13.1.4 Delays caused by circumstances outside of our control including pandemics and external factors

13.2 The laws of England and Wales will apply to this contract. The jurisdiction of England and Wales also applies except that where Goods are supplied to consumers in other areas of the UK their own jurisdiction may be used.

 

14. Third party rights

 

No one other than a party to this contract has any right to enforce any term of this contract.

 

© Heart Smoke & Soal Ltd 2020. Issue No. CV102

​

Soal - Terms and Conditions of sale to Business

 

1.         Definitions

 

In these terms and conditions, the following words and phrases shall have the following meanings: 

• ‘Goods’ includes goods supplied and/or supplied and installed. 

• ‘Soal’, ‘We’, ‘us’ or ‘our’ means Heart Smoke & Soal Ltd, (see clause 2)

• ‘Conditions’: the terms and conditions set out in this document.

• ‘Contract’: the contract between Heart Smoke & Soal Ltd. and the Customer for the sale and purchase of the Goods in accordance with these Conditions;

• ‘Customer’, ‘You’ or ‘your’: the person firm or organisation who purchases the Goods from us.

• ‘Order Confirmation’: the email or letter or pro-forma invoice sent to you confirming our acceptance of the order and the Proposal the order is based on together with any additional information you may need.

• ‘Proposal’: the Proposal sent to you by us or shown on our Website giving details of the proposed Goods we will supply. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation or a copy supplied.

• ‘Satisfactorily Completed’ means finished to a standard that any reasonable person would consider acceptable.

 

2. Who are we?

 

• Heart Smoke & Soal Ltd is a company registered in England and Wales with registered number 12620902. 

• Registered office is at Waterside Court, Falmouth Road, Penryn, Cornwall, United Kingdom, TR10 8AW;

•      e-mail: sales@heart-smoke-soal.co.uk or telephone 01409 251357

• We are normally open Monday to Friday from 9:00 am to 3:00 pm.

• “Soal” is a trading name of “Heart Smoke& Soal Ltd”

• Our VAT number is: 363 0065 27

•     Our website is www.heartsmokesoal.co.uk

•      

3. Application

 

3.1 If you buy Goods from us you agree to be legally bound by these Conditions.

3.2 When buying any Goods you also agree to be legally bound by:

3.2.1 Details and specific terms that are set out by us in the Proposal

3.2.2 Other details that have been agreed and are confirmed in writing by us in the Order Confirmation.

3.2.3 Requirements for safety including those in the Safety Instructions

3.2.4 Our Privacy Policy at www.heartsmokesoal.co.uk/privacy-policy/

3.2.5 These documents form part of the contract as though set out in full here.

3.3 These Conditions apply to the Contract to the exclusion of any and all other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

4. Information we give you

 

4.1 We will give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written Proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as the company and contact details above, and details of our warranty contact information in clause 11.

4.2 The key information we give you forms part of the contract (as though it is set out in full here).

4.3 Once the contract is made we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail.

 

5. Your privacy and personal information

 

5.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a complaint or query about the use of your personal information.

5.2 Our Privacy Policy is available at www.heartsmokesoal.co.uk

 

6. Ordering Goods from us

 

Below, we have set out for your information how a legally binding contract between you and us is made:

6.1 The Proposal or any other information or quotation given to you by us before you make an order for Goods is not a binding offer by us to supply such Goods.

6.2 When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us.

6.3 When you place your order with us, we will carefully check the details and will normally issue an Order Confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding Goods or installation dates) we will contact you as soon as possible by telephone or email. Once we have confirmed that you are happy we will send you an Order Confirmation which includes these details.

6.4 The contract is binding once the Order Confirmation is sent out and we will start the detailed design and production of the Goods ready to deliver and/or install them for you.

 

7. Delivery, Installation, Title & Risk

 

7.1 The time(s) and date(s) for delivery and installation will be arranged with you by phone or email within the period shown on the Proposal and Order Confirmation.

7.2 If you have any questions please contact us using the details shown at (2) above. 

7.3 If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email. Grillo do not accept liability for any delays caused by circumstances outside of our control.

7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us, and where we are installing the Goods for you the order will be regarded as completed as soon as installation has been satisfactorily completed

7.5 If you require a mains gas, electrical or water connection these are not included unless specifically stated within the Proposal and Order Confirmation and we can arrange this for you with our Gas Safe an WRAS qualified engineer or you can to arrange for these separately with suitably qualified and certified persons.

7.6 The risk of damage to or loss of the Goods passes to you on delivery whether or not the Goods have been installed. 

 

7.7 Title to the Goods shall not pass to the Customer until Heart Smoke & Soal Ltd has received payment in full and cleared funds for the Goods.

7.8 If before title to the Goods passes to the Customer, the Customer’s financial position deteriorates to such an extent that, in the opinion of Heart Smoke & Soal Ltd, the Customer’s capability to make payment has been placed in jeopardy, Heart Smoke & Soal Ltd shall be entitled to recover possession of the Goods and for that purpose the Customer authorises Heart Smoke & Soal  Ltd to enter any premises of the Customer, or any third party, where the Goods are stored in order to recover them.

 

 

8. Payment and Price

 

8.1 We accept payment by most methods including bank transfer, cheques, and Visa or MasterCard credit cards and debit cards. 

8.2 Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing:

8.2.1 For website orders of in-stock products payment is required in full at point of order and delivery will be arranged within 10 working days unless clearly stated otherwise.

8.2.2 For orders placed by phone and/or email or for bespoke products other payment terms may apply but payment is required in full prior to delivery.

8.3 The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details:

8.3.1 The total price and the total including VAT at the applicable rate.

8.3.2 All charges for delivery and installation at the address shown. Note: unless otherwise stated the price quoted for delivery and installation assumes the address is on the UK mainland at ground level with normal access. If this is not the case extra charges will apply.

If anything is not clear please contact us for clarification as we want everything to be clear to you.

8.4 In the event of failure to make any payments on the due date, Heart Smoke & Soal Ltd reserves the right to charge interest on the overdue amount at the rate of 4% per annum above the current Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount and any discount provided for on Heart Smoke & Soal’s invoice(s) shall be cancelled.

8.5 Heart Smoke & Soal reserves the right, at any time prior to delivery of the Goods, to increase the price of the Goods or add further charges, on giving notice to the Customer, to reflect any increase in the cost of the Goods that is due to:

8.5.1 Any request by the Customer or the Customer’s agent employee or subcontractor to change the delivery and/or installation date(s) or location(s), and/or the quantities or types of Goods ordered; or

8.5.2 Any delay caused by the Customer or the Customer’s agent employee or subcontractor, directly or indirectly, or failure of the Customer to give Heart Smoke & Soal adequate or accurate information or instructions, or

8.5.3 Circumstances or requirements that are not the fault of Heart Smoke & Soal that prevent the company from installing the Goods and/or access to the site not being available at any time(s) during normal working hours on the agreed scheduled dates, or

8.5.4 Any requirement for Heart Smoke & Soal to obtain or provide extra insurance and/or security and/or facilities and/or additional contracts or paperwork and/or induction and/or other such like expenses not allowed for in the Proposal.

8.5.5 Any of the requirements in clauses 10.4 to 10.10 not being met.

 

9. Nature of the Goods

 

9.1 We will ensure, so far as is reasonable, that the Goods supplied:

9.1.1 are of satisfactory quality

9.1.2 are fit for normal use (please bring any specific requirements to our attention in writing prior to placing your order)

9.1.3 match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and

9.1.4 are installed properly (if we are installing the Goods)

9.2 Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use.

9.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy.

 

10. Additional Customer requirements 

 

Please read the following carefully and contact us if any questions.

As part of this contract the customer undertakes to:

10.1 Carefully read and follow all safety and other instructions supplied by Heart Smoke & Soal, the manufacturers of other Goods supplied, and Health & Safety Executive online guidance, including guidance for the safe use and storage of gas bottles and appliances such as https://www.calor.co.uk/gas-bottles..

10.2 Ensure that barbecues, fire-pits, grills and all heating and/or cooking appliances are always attended by a competent person who will also ensure that other persons, pets and flammable materials etc. are kept away from surfaces that are or could become hot and other risks, and that food is properly cooked. 

10.3 Take precautions in event of extreme weather conditions to ensure the installation is suitably protected from all risks including wind and water and separate accessories removed

10.4 Ensure that all and any needed permissions for the installation and use of the Good(s) have been obtained from any parties who may need to give this (possibilities include for example landlords, local council planning or building regulations, fire authorities, environmental and health agencies) and fire and other risk assessments carried out. In case of doubt as to whether any permissions may be needed independent professional advice should be sought.

10.5 Ensure that the site chosen is a safe distance from any flammable materials and free from other hazards. It is important to carefully consider all risks including for example timber or plastic cladding, thatched roof, living wall, insulation, anything that could get hot or catch fire.

10.6 Ensure (if the kitchen is to be installed on a surface that is already prepared) that any prepared surface is flat and square and plumb and non-flammable.

10.7 Ensure (if there has not been a site visit by Heart Smoke & Soal to measure up) that all information measurements and requirements given to us are correct and accurate.

10.8 Provide Heart Smoke & Soal and the installers with details of any visible or hidden water gas electricity or other services in the vicinity of the site or any asbestos or other hazards.

10.9 Be available at the agreed time to accept handover or delivery of the installed kitchen

10.10 Ensure that payment is received by Heart Smoke & Soal on time and in accordance with the agreed arrangements

10.11 Ensure, where the customer is not the end-user, that all safety instructions are passed on to the end-user of the Goods.

 

11. Warranty and Liability

 

11.1 Heart Smoke & Soal undertake to provide the following warranty against defective materials and workmanship:

•                       a) Kitchen structure and structural materials.

•                       b) Barbecues, appliances, sinks/taps, branded buildings and other accessories – manufacturers’ warranty applies.

The warranty is only valid where the product has not been modified, relocated or changed in any way.

We undertake to rectify free of charge any material fault which develops within the period shown above, so far as is reasonable, other than wearing parts or anything caused by unfair wear and tear or natural weathering and ageing. Corrosion and related damage is excluded where kitchens are installed in coastal areas.

If you have any queries or concerns regarding the Goods supplied and/or installed or our service or any other matter relating, do not hesitate to contact us on 01409 251357 or email and 

grees@heart-smoke-soal.co.uk and we will promptly attend to any query or concern you may have.

11.2 Please note that natural materials and other finishes may vary in colour due to differences in grain and shade and that materials such as stone and wood may naturally season and age or weather over time. 

11.3 Except as expressly stated in these Conditions, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.

11.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.5 Nothing in these Conditions shall limit or exclude our liability for: 

11.5.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

11.5.2 fraud or fraudulent misrepresentation; 

11.5.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;

11.5.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability

11.6 Subject to clause 11.5 we shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following:

11.6.1 loss of profits,

11.6.2 loss of business,

11.6.3 loss of revenue,

11.6.4 loss of business opportunity, 

11.6.5 loss of anticipated savings, 

11.6.6 loss of goodwill

11.6.7 any indirect loss

11.6.8 any consequential loss,

arising under or in connection with the Contract. 

11.7 Subject to clause 11.5, our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the purchase price of the Goods as referred to in the Order.

 

12. Law & Jurisdiction

 

12.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

12.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

13. Third party rights

 

No one other than a party to this contract has any right to enforce any term of this contract.

 

14. Termination

 

14.1 Without limiting its other rights or remedies, Heart Smoke & Soal may terminate the Contract with immediate effect by giving notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

14.2 On termination of the Contract for any reason the Customer shall immediately pay to Heart Smoke &  Soal all of their outstanding unpaid invoices and interest.

14.3 Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.

14.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

 

15. Waiver

 

No failure or delay by us to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

16. Severance

 

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 16 shall not affect the validity and enforceability of the rest of these Conditions.

 

17. Variation

 

No variation of the Contract, unless provided for in these Conditions, shall be effective unless it is in writing and signed by a company director or a senior manager of Heart Smoke & Soal and an authorised representative of the Customer.

18. Entire Agreement

 

These Conditions, together with the documents and information referred to in clause 3.2 constitute the entire agreement between the parties.

 

© Heart Smoke & Soal Ltd. 2020. Issue GBV.102

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Use of the website

 

1.1 Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

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1.2 Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by emailing sales@heart-smoke-soal.co.uk, or calling us on 01409 251357 between 9:00am–3.00pm, Monday to Friday.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

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1.3 Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

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1.4 Our rights

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

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2. Our Contract

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2.1 These Terms and Conditions govern the supply of goods sold byHeart Smoke & Soal, Website Department (we and us) to the customer (you). Our VAT number is 363006527.  Company number: 12620902.

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2.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us delivering the goods to you at which point a legally binding contract is constituted between you and us.

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2.3 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.

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3. Ordering

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3.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Place order and pay" button on the checkout page.

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3.2 All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

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3.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

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3.4 Non-acceptance of an order may be a result of one of the following:

•           The product you ordered being unavailable from stock

•           Our inability to obtain authorisation for your payment

•           The identification of a pricing or product description error

•           You’re not meeting the eligibility to order criteria set out in the main Terms & Conditions

 

 

3.5 Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.

• Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.

• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.

• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.

• You can cancel by email: sales@heart-smoke-soal.co.uk, or call 01409251357, or write to:  Heart Smoke & Soal Ltd, Unit3A West Devon Business Units, Neet Way, Holsworthy Industrial Estate, Holsworthy Devon EX22 6ES.

• If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).

• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

 

4. Price,Payment & Vouchers

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4.1 The price payable for the goods you order or purchase is as set out in store and on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.

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4.2 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

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4.3 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

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4.4 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

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4.5 For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.

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4.6 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.

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4.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.

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4.8 We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

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4.9 The format of our invoice and statements to you will solely be dictated by us.

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4.9 Voucher Codes apply only to full price items only - unless dictated otherwise by the promotion details

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5. Delivery & Title

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5.1 Unless you choose to collect the goods from our store via our Click & Collect service) and except in exceptional circumstances (as contemplated in clause 12), we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. 

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5.2 Before placing your order, please refer to the delivery options. To ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.

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5.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

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6. Click & Collect 

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General

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6.1 The terms set out under this clause 5 apply in relation to "Click & Collect" orders.

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6.2 These services are available on all goods on our website.

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Ordering

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6.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will take place when we hand the purchased goods over to you at the store counter

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6.4 If you need to cancel your order after you have submitted it, please call us on 01409 251357.

Collection

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6.5  Collection will be ready from 1 hour of your online ordering and payment has been received. This can be collected from Monday to Friday 9:00am - 3:00pm.

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6.6 Orders placed out of working hours will be ready for collection the next working day. 

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7. Availability

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7.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible.

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8. Manufacturer's Warranties & Guarantees

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8.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made directly to us (Ann’s Cottage) and we will advise how to proceed communicating directly to the manufacturer.

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8.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.

 

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9. Cancellation, Returns & Refunds

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9.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 14 days of the date of delivery to you or your collection from an Ann’s Cottage store using our Click and Collect Service (as applicable). In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.

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9.2 You will lose your right to cancel after the expiry of the 14 day period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).

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9.3 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email using the contact details set out below at clause 15.

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9.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.11), unless we agree that you may dispose of them, in which case please comply with the manufacturer's instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. For more information on the ways in which you can return the goods you have received, please see the Returns section of our website

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 9.5 Following cancellation, subject to clause 8.7, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:

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9.5.1 You notified us to cancel your order, where you have not received the goods; or,

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9.5.2 We receive the goods you returned to us, where you are in receipt of the goods; or

9.5.3 You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

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9.6 We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide customer credit.

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9.7 Your right of cancellation does not apply to goods that are altered to your requirements, made to measure, made to order, made to your specifications or clearly personalised (for example, made to wetsuits or stickers on boards). Your right of cancellation does not apply to goods which are not suitable for return due to health or hygiene reasons, if you have opened the product packaging after delivery or collection. Ie. food goods.

 

Faulty Goods

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9.8 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 14 day period in clause 8.1.

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9.9 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within 14 days of delivery or collection, you may cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.

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9.10 If an item develops a fault after 14 days following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct. If there is no such service or warranty with the product, in most instances we will either offer a direct replacement or similar product that you are happy and agree with as a replacement.

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Legal Rights as a Consumer

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9.12 The provisions of this clause 8 do not affect your legal rights if you are a consumer.

10. Termination

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10.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder.  Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

 

11. Events Beyond Our Control

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11.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

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12. General

12.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.

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12.2 Unless stated otherwise, any "Was" prices shown have been charged for a minimum of 14 days at the previous higher price, and those products were available to buy at that higher price from any of our stores and on www.annscottage.com and via our Contact Centre. Please contact us (details below) if you would like further details.

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12.3 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description.

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13. Contact Details

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13.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at:

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Heart Smoke & Soal Ltd 

Unit 3a West Devon Business Units 

Neet Way

Holsworthy Industrial Estate 

Holsworthy

Devon

EX22 6ES

 

By phone on 01409251357

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By email sales@heart-smoke-soal.co.uk. Calls may be recorded for quality and training purposes.

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15. Privacy Policy

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15.1When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our privacy policy.

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16. Alternative dispute resolution

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16.1 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. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at ec.europa.eu.

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© Heart Smoke & Soal Ltd 2020. Issue No. CV102

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