Thelma Hulbert Gallery Online Sales Terms and Conditions
Table Of Contents
2. Information about us and how to contact us.
5. Your rights to make changes.
6. Our rights to make changes.
8. Your rights to end the contract.
9. How to end the contract with us (including if you have changed your mind).
10. Our rights to end the contract.
11. If there is a problem with the product.
13. Our responsibility for loss or damage suffered by you.
14. How we may use your personal information.
Schedule 1 Model Cancellation Form.
Our terms
1.1
What these terms
cover. These are the terms and conditions on which we supply products to
you, whether these are goods, services or digital content.
1.2
Why you should
read them. Please read these terms carefully before you submit your order
to us. These terms tell you who we are, how we will provide products to you,
how you and we may change or end the contract, what to do if there is a problem
and other important information. If you think that there is a mistake in these
terms or require any changes, please contact us to discuss.
2.
Information
about us and how to contact us
2.1
Who we are. We are Thelma Hulbert
Gallery a company registered in England and Wales. Our company registration
number is 1809160 and our registered office is at Blackdown House, Border Road,
Heathpark Industrial Estate, Honiton EX14 1EJ. Our registered VAT number is
142218990.
2.2
How to contact
us. You can contact us by telephoning our customer service team at
0140445006 or by writing to us at Thelma Hulbert Gallery Elmfield House, Dowell
St, Honiton EX14 1LX, info@thelmahulbert.com
2.3
How we may
contact you. If we have to contact you we will do so by telephone or by
writing to you at the email address or postal address you provided to us in
your order.
2.4
"Writing"
includes emails. When we use the words "writing" or
"written" in these terms, this includes emails.
3.1
How we will
accept your order. Our acceptance of your order will take place when we
email you to accept it, at which point a contract will come into existence
between you and us.
3.2
If we cannot
accept your order. If we are unable to accept your order, we will inform
you of this in writing and will not charge you for the product. This might be
because the product is out of stock, because of unexpected limits on our
resources which we could not reasonably plan for, because we have identified an
error in the price or description of the product or because we are unable to
meet a delivery deadline you have specified.
3.3
Your order
number. We will assign an order number to your order and tell you what it
is when we accept your order. It will help us if you can tell us the order
number whenever you contact us about your order.
3.4
We only sell to
the UK. Our website is solely for the promotion of our products in the UK. Unfortunately,
we do not accept orders from addresses outside the UK.
4.1
Products may
vary slightly from their pictures. The images of the products on our
website are for illustrative purposes only. Although we have made every effort
to display the colours accurately, we cannot guarantee that a device's display
of the colours accurately reflects the colour of the products. Items are
handmade, dimension may vary slightly. Your product may also vary slightly from
those images. Product
packaging may vary. The packaging of the product may vary from that shown
in images on our website.
5.
Your
rights to make changes
If you wish to make a change to
the product you have ordered please contact us. We will let you know if the
change is possible. If it is possible we will let you know about any changes to
the price of the product, the timing of supply or anything else which would be
necessary as a result of your requested change and ask you to confirm whether
you wish to go ahead with the change. If we cannot make the change or the
consequences of making the change are unacceptable to you, you may want to end
the contract (see clause 8-
Your rights to end the contract).
6.1
Minor changes to
the products. We may change the product:
6.1.1
to reflect changes in relevant laws and regulatory
requirements
6.1.2
to implement minor technical adjustments and
improvements, for example to address a security threat. These changes will [not
affect your use of the product
6.2
More significant
changes to the products and these terms. In addition, as we informed you in
the description of the product on our website, we may make the following
changes to the product, but if we do so we will notify you and you may then
contact us to end the contract before the changes take effect and receive a
refund for any products paid for but not received:
6.3
Updates to
digital content. We may update or require you to update digital content,
provided that the digital content shall always match the description of it that
we provided to you before you bought it.
7.1
Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2
When we will
provide the products. During the order process we will let you know when we
will provide the products to you.
7.2.1
If the products
are goods. If the products are goods we will deliver them to you as soon as
reasonably possible each week and in any event within 30 days after the day on
which we accept your order OR we will contact you with an estimated delivery
date OR to agree a delivery date.
7.3
We are not
responsible for delays outside our control. If our supply of the products
is delayed by an event outside our control then we will contact you as soon as
possible to let you know and we will take steps to minimise the effect of the
delay. Provided we do this we will not be liable for delays caused by the
event, but if there is a risk of substantial delay you may contact us to end
the contract and receive a refund for any products you have paid for but not
received.
7.4
Collection by
you. If you have asked to collect the products from our premises, you can
collect them from us at any time during our working hours of Wednesday - Friday
on weekdays (excluding public holidays) and Saturdays.
7.5
If you are not
at home when the product is delivered. If no one is available at your
address to take delivery and the products cannot be posted through your
letterbox, the post office will leave you a note informing you of how to
collect the products from a local depot.
7.6
If you do not
re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to
you, you do not re-arrange delivery or collect them from a delivery depot we
will contact you for further instructions and may charge you for storage costs
and any further delivery costs. If, despite our reasonable efforts, we are
unable to contact you or re-arrange delivery or collection we may end the
contract and clause 10.2
will apply.
7.7
Your legal rights if we deliver goods late.
You have legal rights if we deliver any goods late. If we miss the delivery
deadline for any goods then you may treat the contract as at an end straight
away if any of the following apply:
7.7.1
we have refused to deliver the goods;
7.7.2
delivery within the delivery deadline was essential
(taking into account all the relevant circumstances); or
7.7.3
you told us
before we accepted your order that delivery within the delivery deadline
was essential.
7.8
Setting a new
deadline for delivery. If you do not wish to treat the contract as at an
end straight away, or do not have the right to do so under clause 7.8,
you can give us a new deadline for delivery, which must be reasonable, and you
can treat the contract as at an end if we do not meet the new deadline.
7.9
Ending the contract
for late delivery. If you do choose to treat the contract as at an end for
late delivery under clause 7.8
or clause 7.9,
you can cancel your order for any of the goods or reject goods that have been
delivered. If you wish, you can reject or cancel the order for some of those
goods (not all of them), unless splitting them up would significantly reduce
their value. After that we will refund any sums you have paid to us for the
cancelled goods and their delivery. If the goods have been delivered to you,
you must either return them in person to where you bought them or post them
back to us.
7.10
When you become
responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us
or you collected it from us.
7.11
When you own
goods. You own a product which is goods once we have received payment in
full.
7.12
Reasons we may
suspend the supply of products to you. We may have to suspend the supply of
a product to:
7.12.1
deal with technical problems or make minor technical
changes;
7.12.2
update the product to reflect changes in relevant laws
and regulatory requirements;
7.12.3
make changes to the product as requested by you or
notified by us to you (see clause 6).
8.
Your
rights to end the contract
8.1
You can always
end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we
are performing and when you decide to end the contract:
8.1.1
If what you have
bought is faulty or misdescribed you may have a legal right to end the contract
(or to get the product repaired or replaced or a service re-performed or to
get some or all of your money back), see
clause 11;
8.1.2
If you want to
end the contract because of something we have done or have told you we are
going to do,see clause 8.2;
8.1.3
If you have just
changed your mind about the product, see clause 8.3.
You may be able to get a refund if you are within the cooling-off period, but
this may be subject to deductions and you will have to pay the costs of return
of any goods;
8.1.4
In all other
cases (if we are not at fault and there is no right to change your mind), see clause
8.7.
8.2
Ending the
contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at (a) to (e) below the contract will
end immediately and we will refund you in full for any products which have not
been provided and you may also be entitled to compensation. The reasons are:
8.2.1
we have told you about an upcoming change to the
product or these terms which you do not agree to (see clause 6.2);
8.2.2
we have told you about an error in the price or
description of the product you have ordered and you do not wish to proceed;
8.2.3
there is a risk that supply of the products may be
significantly delayed because of events outside our control;
8.2.4
we have suspended supply of the products for technical
reasons, or notify you we are going to suspend them for technical reasons
8.2.5
you have a legal right to end the contract because of
something we have done wrong (including because we have delivered late (see
clause 7.8)].
8.3
Exercising your
right to change your mind (Consumer Contracts Regulations 2013). For most
products bought online you have a legal right to change your mind within 14
days and receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms.
8.4
Our goodwill
guarantee. Please note, these terms reflect the goodwill guarantee offered
by Thelma Hulbert Gallery of Elmfield House, Dowell St, Honiton EX14 1LX to its
UK customers, which is more generous than your legal rights under the Consumer
Contracts Regulations in the ways set out below. This goodwill guarantee does
not affect your legal rights in relation to faulty or misdescribed products
(see clause 11.2):
Right under the
Consumer Contracts Regulations 2013 |
How our goodwill
guarantee is more generous |
14 day period to change your mind. |
28 day period to change your mind. |
Consumer to pay costs of return. |
We pay the costs of return. |
8.5
When you don't
have the right to change your mind. You do not have a right to change your
mind in respect of:
8.5.1
products sealed for health protection (including
earrings) or hygiene purposes, once these have been unsealed after you receive
them;
8.5.2
any products which become mixed inseparably with other
items after their delivery.
8.6
How long do I
have to change my mind? How long you have depends on what you have ordered
and how it is delivered.
8.6.1
Have you bought
goods for example, a necklace if so you have 28 days after the day you (or
someone you nominate) receives the goods, unless:
8.6.1.1
Your goods are
split into several deliveries over different days. In this case you have 28
days after the day you (or someone you nominate) receives the last delivery to
change your mind about the goods.
8.7
Ending the
contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind
(see clause 8.1),
you can still end the contract before it is completed, but you may have to pay
us compensation. A contract for goods is completed when the product is
delivered. If you want to end a contract before it is completed where we are
not at fault and you have not changed your mind, just contact us to let us
know. The contract will end immediately and we will refund any sums paid by you
for products not provided.
9.
How
to end the contract with us (including if you have changed your mind)
9.1
Tell us you want
to end the contract. To end the contract with us, please let us know by doing
one of the following:
9.1.1
Phone or email.
Call customer services on 01404 45006 or email us at infor@thelmahulbert.com.
Please provide your name, home address, details of the order and, where
available, your phone number and email address.
9.2
Returning
products after ending the contract. If you end the contract for any reason
after products have been dispatched to you or you have received them, you must
return them to us. You must either return the goods in person to where you
bought them or post them back to us at Elmfield House, Dowell St, Honiton EX14
1LX. Please call customer services on01404 45006 or email us at info@thelmahulbert.com. If you are
exercising your right to change your mind you must send off the goods within 14
days of telling us you wish to end the contract.
9.3
When we will pay
the costs of return. We will pay the costs of return:
9.3.1
if the products are faulty or misdescribed;
9.3.2
if you are ending the contract because we have told you
of an upcoming change to the product or these terms, an error in pricing or
description, a delay in delivery due to events outside our control or because
you have a legal right to do so as a result of something we have done wrong; or
9.3.3
if you are exercising your right to change your mind].
In all other circumstances (including where you are
exercising your right to change your mind)] you must pay the costs of return.
9.4
What we charge
for collection. If you are responsible for the costs of return and we are collecting
the product from you, we will charge you the direct cost to us of collection.
The costs of collection will be the same as our charges for standard delivery.
9.5
How we will
refund you. We will refund you the price you paid for the products
including delivery costs, by the method you used for payment. However, we may
make deductions from the price, as described below.
9.6
Deductions from
refunds if you are exercising your right to change your mind. If you are
exercising your right to change your mind:
9.6.1
We may reduce your refund of the price (excluding
delivery costs) to reflect any reduction in the value of the goods, if this has
been caused by your handling them in a way which would not be permitted in a
shop. If we refund you the price paid before we are able to inspect the goods
and later discover you have handled them in an unacceptable way, you must pay
us an appropriate amount.
9.6.2
The maximum refund for delivery costs will be the costs
of delivery by the least expensive delivery method we offer. For example, if we
offer delivery of a product within [3-5] days at one cost but you choose to
have the product delivered within 24 hours at a higher cost, then we will only
refund what you would have paid for the cheaper delivery option.
9.6.3
Where the product is a service, we may deduct from any
refund an amount for the supply of the service for the period for which it was
supplied, ending with the time when you told us you had changed your mind. The
amount will be in proportion to what has been supplied, in comparison with the
full coverage of the contract.
9.7
When your refund
will be made. We will make any refunds due to you as soon as possible. If
you are exercising your right to change your mind then:
9.7.1
If the products are goods and we have not offered to
collect them, your refund will be made within 14 days from the day on which we
receive the product back from you or, if earlier, the day on which you provide
us with evidence that you have sent the product back to us. For information
about how to return a product to us, see clause 9.2.
9.7.2
In all other cases, your refund will be made within 14
days of your telling us you have changed your mind
10.
Our
rights to end the contract
10.1
We may end the
contract if you break it. We may end the contract for a product at any time
by writing to you if:
10.1.1
you do not make any payment to us when it is due and
you still do not make payment within 14 days of us reminding you that payment
is due;
10.1.2
you do not, within a reasonable time, allow us to
deliver the products to you or collect them from us;
10.1.3
you do not, within a reasonable time, allow us access
to your premises to supply the services; or
10.2
We may withdraw
the product. We may write to you to let you know that we are going to stop
providing the product. We will let you know as soon as possible advance of our
stopping the supply of the product and will refund any sums you have paid in
advance for products which will not be provided.
11.
If
there is a problem with the product
11.1
How to tell us
about problems. If you have any questions or complaints about the product,
please contact us. You can telephone our customer service team at 01404 45006
or write to us at info@thelmahulbert.com.
Alternatively, please speak to one of our staff in-store.
11.2
Summary of your
legal rights. We are under a legal duty to supply products that are in
conformity with this contract. See the box below for a summary of your key
legal rights in relation to the product. Nothing in these terms will affect
your legal rights.
Summary of your key
legal rights This is a summary of your key legal rights. These are
subject to certain exceptions. For detailed information please visit the
Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is
goods, for example [furniture or a laptop], the Consumer Rights Act 2015
says goods must be as described, fit for purpose and of satisfactory quality.
During the expected lifespan of your product your legal rights entitle you to
the following: a) Up to 30 days: if your goods are faulty, then you can
get an immediate refund. b) Up to six months: if your goods can't be repaired or
replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable
length of time you may be entitled to some money back. See also clause 8.3. a) If your product is digital
content, for example [a mobile phone app or a subscription to a music
streaming service], the Consumer Rights Act 2015 says digital content must be
as described, fit for purpose and of satisfactory quality: b) If your digital content is faulty, you're entitled to a
repair or a replacement. c) If the fault can't be fixed, or if it hasn't been fixed
within a reasonable time and without significant inconvenience, you can get
some or all of your money back. d) If you can show the fault has damaged your device and
we haven't used reasonable care and skill, you may be entitled to a repair or
compensation See also clause 8.3. If your product is services,
for example [a support contract for a laptop or tickets to a concert], the
Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not
carried out with reasonable care and skill, or get some money back if we
can't fix it. b) If you haven't agreed a price beforehand, what you're
asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be
carried out within a reasonable time. See also Exercising
your right to change your mind (Consumer Contracts Regulations 2013). |
11.3
Your obligation
to return rejected products. If you wish to exercise your legal rights to
reject products you must either return them in person to where you bought them,
post them back to us or (if they are not suitable for posting) allow us to
collect them from you. We will pay the costs of postage or collection. Please
call customer services on 01404 45006 or email us at info@thelmahulbert.com for a return
label or to arrange collection.
12.1
Where to find
the price for the product. The price of the product (which includes VAT)
will be the price indicated on the order pages when you placed your order. We
take all reasonable care to ensure OR use our best efforts to ensure that the
price of the product advised to you is correct. However please see clause 12.3
for what happens if we discover an error in the price of the product you order.
12.2
We will pass on
changes in the rate of VAT. If the rate of VAT changes between your order
date and the date we supply the product, we will adjust the rate of VAT that
you pay, unless you have already paid for the product in full before the change
in the rate of VAT takes effect.
12.3
What happens if
we got the price wrong. It is always possible that, despite our best
efforts, some of the products we sell may be incorrectly priced. We will
normally check prices before accepting your order so that, where the product's
correct price at your order date is less than our stated price at your order
date, we will charge the lower amount. If the product's correct price at your
order date is higher than the price stated to you, we will contact you for your
instructions before we accept your order. If we accept and process your order
where a pricing error is obvious and unmistakeable and could reasonably have
been recognised by you as a mispricing, we may end the contract, refund you any
sums you have paid and require the return of any goods provided to you.
12.4
When you must
pay and how you must pay. We accept payment with Paypal.
For goods, you must pay for the products before we dispatch them.
12.5
What to do if
you think an invoice is wrong. If you think an invoice is wrong please
contact us promptly to let us know. You will not have to pay any interest until
the dispute is resolved. Once the dispute is resolved we will charge you
interest on correctly invoiced sums from the original due date.
13.
Our
responsibility for loss or damage suffered by you
13.1
We are
responsible to you for foreseeable loss and damage caused by us. If we fail
to comply with these terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaking this contract or our failing to
use reasonable care and skill, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time the contract was made, both we
and you knew it might happen, for example, if you discussed it with us during
the sales process.
13.2
We do not
exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for
fraud or fraudulent misrepresentation; for breach of your legal rights in
relation to the products [as summarised at clause 11.2 OR including the right to receive
products which are: as described and match information we provided to you and
any sample or model seen or examined by you; of satisfactory quality; fit for
any particular purpose made known to us; supplied with reasonable skill and
care; and for defective products under the Consumer Protection Act 1987
13.3
We are not
liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale
purpose we will have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
14.
How
we may use your personal information
How we may use your personal information. We will only use your
personal information as set out in our privacy policy https://www.thelmahulbert.com/?q=about/privacy-policy
15.1
We may transfer
this Agreement to someone else. We may transfer our rights and obligations
under these terms to another organisation. We will always tell you in writing
if this happens and we will ensure that the transfer will not affect your
rights under the contract OR We will contact you to let you know if we plan to
do this. If you are unhappy with the transfer you may contact us to end the
contract within 28 days of us telling you about it and we will refund you any
payments you have made in advance for products not provided.
15.2
You need our
consent to transfer your rights to someone else (except that you can always
transfer our guarantee). You may only transfer your rights or your
obligations under these terms to another person if we agree to this in writing.
However, you may transfer our guarantee at clause 8.4
to a person who has acquired the product or, where the product is services, any
item or property in respect of which we have provided the services. We may
require the person to whom the guarantee is transferred to provide reasonable
evidence that they are now the owner of the relevant item or property.
15.3
Nobody else has
any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to
enforce any of its terms, except as explained in clause 15.2
in respect of our guarantee. Neither of us will need to get the agreement of
any other person in order to end the contract or make any changes to these
terms.
15.4
If a court finds
part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect.
15.5
Even if we delay
in enforcing this contract, we can still enforce it later. If we do not
insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this
contract, that will not mean that you do not have to do those things and it
will not prevent us taking steps against you at a later date. For example, if
you miss a payment and we do not chase you but we continue to provide the
products, we can still require you to make the payment at a later date.
15.6
Which laws apply
to this contract and where you may bring legal proceedings. These terms are
governed by English law and you can bring legal proceedings in respect of the
products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English
courts. If you live in Northern Ireland you can bring legal proceedings in
respect of the products in either the Northern Irish or the English courts.
15.7
Alternative
dispute resolution. Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it,
without you having to go to court. If you are not happy with how we have
handled any complaint, you may want to contact the alternative dispute
resolution provider we use. In addition, please note that disputes may be
submitted for online resolution to the European
Commission Online Dispute Resolution platform.
Schedule
1
Model Cancellation Form
(Complete and return
this form only if you wish to withdraw from the contract)
To: Thelma Hulbert Gallery, Elmfield House, Dowell Street,
Honiton, EX14 1LX
01404 45006
Info@thelmahulbert.com
I/We [*] hereby give notice that I/We [*] cancel my/our contract
of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on
paper),
Date
[*] Delete as appropriate