Terms of service

These Terms and Conditions are the standard terms and conditions that apply to the sale of all Goods via our Website by us, H-Tec Commercial Group Limited, a company registered in England and Wales under number 10338971, whose registered office address is at Unit 8 Horsepool Grange, Elliotts Lane, Stanton Under Bardon, Markfield, England, LE67 9TW (“the Company/we/us/our”).

 

1.          Definitions and Interpretation

1.1         In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

           “Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;

           “Customer” means you, the individual placing an Order with us;       

           “Goods” means the Goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);

           “Order” means your order for the Goods;

           “Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2; and

           “Website” means https://h-tec.co.uk/

1.2         Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail and similar communications.

 

2.          The Contract

2.1         These Terms and Conditions govern the sale of all Goods by us and form the basis of the Contract between you and us.

2.2         If you wish to place an Order with us you may do so via the Website or you may call, email or otherwise contact us.

2.3         Where you use the Website, it will guide you through the ordering process.  Before submitting your Order to us, you will be given the opportunity to review and amend it.  Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2.4         No part of our Website constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that we may, at our sole discretion, accept.  Our acceptance is indicated by us sending you an Order Confirmation by email.  Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us. 

2.5         Order Confirmations will be provided in writing and will contain confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, and the estimated delivery date for the Goods.

2.6         If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances.  If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days).

2.7         Once your Order has been accepted as detailed in clause 2.4, we cannot accept any changes to it.

 

3.          Description and Specification of Goods

3.1         We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided on our Website.   However, please note that certain colours may look different when displayed on your computer, phone or tablet.

3.2         We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.

3.3         We do not represent or warrant that particular Goods will be available.  If the Goods are not available, the provisions of clause 2.6 will apply.

3.4         The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until they have been delivered to or collected by you, at which point it will pass to you.

3.5         You own the Goods only once we have received payment in full of all sums due (including any delivery charges).

3.6         You must follow any care instructions issued to you with the Goods in order to guarantee the longevity of the Goods. 

 

4.          Price and Payment

4.1         The price of the Goods will be that shown on our Website at the time of your Order or as otherwise specified to you.  We reserve the right to amend our prices at any time but these changes will not affect any Orders that we have already accepted.

4.2         We have made every reasonable effort to ensure that the prices on our Website are correct.  If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. 

4.3         If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the price error is unmistakable and could have reasonably been recognised by you as a mispricing.  Prices will be checked when we process your Order.

4.4         All prices include VAT, where applicable.  If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any prices where we have already received payment in full from you.

4.5         Delivery charges are not included in the price of the Goods.  Delivery options and any related charges will be presented to you as part of the Order process.  Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process, unless otherwise agreed by us.

4.6         Unless otherwise specified by us, payment must be made in full at the time of Order. All payments will go through a payment gateway provider.  No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them. 

 

5.          Delivery

5.1         We will provide an estimated delivery date for the Goods.  However, it is possible for delays to be incurred and we cannot be held liable for any costs incurred as a result.  

5.2         All deliveries will be delivered to the address stated on the order and this will typically be kerbside delivery.

5.3         Unless otherwise agreed by us, the Goods will be delivered by Royal Mail or courier.  We can only deliver to mainland UK addresses. 

5.4         Delivery will be deemed to have taken place when the Goods have been delivered to the agreed delivery address and you (or someone identified by you) have taken physical possession of the Goods.

5.5         We cannot be held responsible if the items are lost, stolen or become damaged after the delivery has taken place.  Please notify us at the time of ordering if there are any access restrictions both within and outside the Property.  Please also notify us within 24 hours of delivery if there are any defects, damage, missing or incorrect items so we can investigate with the courier. 

 

6.          Cancellation

6.1         If you are a Consumer, you have a legal right to a 14-day “cooling off” period within which you can cancel the Contract for any reason. This period begins once the Contract between you and us is formed, as set out in clause 2, and ends 14 calendar days afterwards.  However, for any Goods custom made to order, you will have no legal right to cancel under this clause 6.1 and you will need to pay the full Contract value. 

6.2         If you are not a Consumer, you will not be able to cancel the Contract once it is formed and you will remain liable to pay for the full Contract value. 

6.3         We may cancel the Contract at any time and if we do, we will confirm this in writing.  If we cancel the Contract before providing the Goods, we will refund any payments you have made in advance. 

6.4         Either we or you may cancel the Contract immediately if the other:

6.4.1     has committed a material breach of this Contract, unless the breach is capable of remedy, in which case this right to terminate will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or

6.4.2     goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

6.5         Cancellation of the Contract for any reason will not affect the rights and liabilities of the parties already accrued at that time and any clauses that are stated to continue in force after termination will not be affected.

 

7.          Our Liability

7.1         We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable. 

7.2         We will not be responsible to you for any indirect or consequential losses including, but not limited to, any loss of profit, loss of business, interruption to business or loss of any business opportunity.  In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you under the Contract.

7.3         Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

7.4         Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer, where applicable.  For more details on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

 

8.          Events Outside of Our Control (Force Majeure):  We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.

 

9.          How We Use Your Personal Information:  All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any subsequent amendments to them.

 

10.        Other Important Terms

10.1      We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business).  If this occurs you will be informed by us in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

10.2      You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.

10.3      The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 

10.4      If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.

10.5      No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

 

11.        Governing Law and Jurisdiction:  These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.