home.
8. Price and payment
8.1 The price of any Products will be as quoted on the Site/the Catalogue from time to time, except in cases of obvious error.
9. Our refunds policy
9.1 When you return a Product to us:
10. Our liability
10.1 We warrant to you that any Product purchased from us through the Site/the Catalogue is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11. Import duty
11.1 If you order Products from the Site/the Catalogue for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site/the Catalogue, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to us must be given to Huxley Colour Ltd at enquiries@huxleyclothing.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16. Waiver
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20. Law and jurisdiction
Contracts for the purchase of Products through the Site/the Catalogue and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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Terms and Conditions
- 1. Information about us
- 2. Your status
- 3. Basis of Sale
- 4. How the contract is formed between you and us
- 5. Consumer rights
- 6. Availability and delivery
- 7. Risk and title
- 8. Price and payment
- 9. Our refunds policy
- 10. Our liability
- 11. Import duty
- 12. Written communications
- 13. Notices
- 14. Transfer of rights and obligations
- 15. Events outside our control
- 16. Waiver
- 17. Severability
- 18. Entire agreement
- 19. Our right to vary these terms and conditions
- 20. Law and jurisdiction
- The following (together with the documents referred to herein) tells you the terms and conditions on which we supply any of the products (“the Products”) listed on our website www.huxleyclothing.co.uk (“the Site”) or in our catalogue (“the Catalogue”) to you. Please read these terms and conditions carefully before ordering any Products from the Site and/or the Catalogue. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
If you have any queries relating to our terms and conditions, please contact the Customer Service team at enquiries@huxleyclothing.co.uk before placing an order.
By continuing with your order you are accepting these terms and conditions.
- 1. Information about us
- www.huxleyclothing.co.uk is a site operated by Huxley Colour Ltd. We are registered in England and Wales under company number 06810819 and with our registered office at Hatcham House, Hawkhurst, Kent, TN18 4PX. Our main trading address is Hatcham House, Hawkhurst, Kent, TN18 4PX. Our VAT number is 970 2459 14.
If you do need to contact us please either ring us on 01580 754 597
Or alternatively email us at enquiries@huxleyclothing.co.uk
- 2. Your status
- By placing an order through the Site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts; [and]
2.1.2 You are at least 18 years old;
2.1.3 All the details you provide to us for the purpose of ordering or purchasing Products are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the Product(s) ordered.
- 3. Basis of Sale
- Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in the Catalogue, brochures or on the Site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Products.
- 4. How the contract is formed between you and us
- 4.1 During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password.
4.2 After placing an order (“the Order”), you will receive an e-mail from us acknowledging that we have received the Order. Please note that this does not mean that the Order has been accepted. The Order constitutes an offer to us to buy a Product (“the Goods”). All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (“the Dispatch Confirmation”). The contract between us (“the Contract”) will only be formed when we send you the Dispatch Confirmation.
4.3 You must check all the details in the Dispatch Confirmation are correct and contact us as soon as possible if any details are incorrect.
4.4 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which form part of the Goods until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.5 We shall assign an order number to the Order and inform you of it in the Dispatch Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
4.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
- 5. Consumer rights
- 5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
- 6. Availability and delivery
- 6.1 The Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us [in writing]. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
6.3 If you fail to take delivery of the Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
6.3.1 we may charge you a reasonable sum to cover expenses and insurance and the cost of delivering the Goods to you for a second time.
6.3.2 we shall have no liability to you for late delivery.
6.4 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
- 7. Risk and title
- 7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide http://www.huxleyclothing.co.uk/customer-service#answer1.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 The Site/the Catalogue contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site/the Catalogue may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site/the Catalogue, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with most major credit/debit cards.
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
9.1.2 for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
10.3.1 For death or personal injury caused by our negligence;
10.3.2 Under section 2(3) of the Consumer Protection Act 1987;
10.3.3 For fraud or fraudulent misrepresentation; or
10.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
10.4.1 loss of income or revenue
10.4.2 loss of business
10.4.3 loss of profits or contracts
10.4.4 loss of anticipated savings
10.4.5 loss of data
10.4.6 loss of data, or
10.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. .
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).