TERMS AND CONDITIONS OF SALE

These terms and conditions of sale set out the terms on which we supply any of the products (“Product” or “Products”) listed on our website www.hemingwayslondon.com (our site) to you.Terms & Conditions of Sale

Please read these terms and conditions carefully before ordering any Products from our site. By placing an order, you are agreeing to these terms and conditions. If you do not agree to these terms and condition you must not order any Product through our site.

 

1. INFORMATION ABOUT US

1.1   www.hemingwayslondon.com is a website operated by Hemingway's London Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 10445501. Our registered office is at 55 Albert Palace Mansions, Lurline Gardens, London SW11 4DQ.

2. ORDERING PRODUCTS

2.1   You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order.

2.2   Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2.3   All orders are subject to acceptance by us. We will send you an email to confirm acceptance. The contract between you and us will only be made when we send you this email to confirm acceptance. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.

2.4   Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can return the Products to us in accordance with the returns policy below at Clause 9.

2.5   Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Product ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

2.6   You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.

3. AVAILABILITY

3.1   All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.

3.2   If we are unable to supply you with a Product, for example, because it is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.

4. IMAGES AND SIZING OF PRODUCTS

4.1   The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.

4.2   Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.

5. PRICES OF PRODUCTS

5.1   The price of any Product will be as quoted on our site, except in cases of obvious error.

5.2   The price of any Product may change from time to time, but changes will not affect any order we have accepted.

5.3   The price of a Product includes VAT (where it applies) but excludes delivery costs, which will be added to the total amount due. To see the relevant delivery charges for a product, please refer to our delivery page.

5.4   Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure 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 the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

5.5   We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

6. HOW TO PAY

6.1   We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance.

6.2   By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.

7. DELIVERY

7.1    Not all of our delivery options are available to all areas of the UK and Channel Islands. As all our parcels require a signature upon delivery; we are unable to deliver to PO Box addresses. If you have a question about delivery outside of the UK and Channel Islands we will advise you if you call our customer services team on +44 (0) 20 7159 3723.

7.2    We will deliver the merchandise in accordance with the delivery option selected by you. Please view our delivery options for full details. Whenever referred to, working days exclude Saturday, Sunday and Bank holidays. Orders to one address may be delivered in one or more deliveries however you will only incur one delivery charge. If you have specified delivery to more than one address when placing your order there is a separate charge for each destination address. Any delivery timescales are indicative only. Time is not of the essence.

7.3    Upon delivery of the merchandise to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and address any intended cancellation to the correct addressee or to return or exchange your merchandise. For further information please see the returns and the cancellation right sections within these terms and conditions.

8. RISK AND TITLE

8.1   Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.2   The Products will be your responsibility from the time of delivery.

9. CANCELLATION, RETURNS AND REFUND POLICY

9.1   We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us in accordance with the returns policy described in this section.

Right to cancel

9.2   You have a legal right to cancel the contract between you and us within 14 days of delivery without giving a reason.

9.3   The cancellation period will expire 14 days from the day you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the Product you ordered. Where you order multiple Products in one order or the cancellation period will expire 14 days from the day you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the last Product, part, lot or piece that makes up your order.

9.4   To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our customer services team.

9.5   To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.

Effects of cancellation

9.6   If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

9.7   We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

9.8   We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.9   We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

9.10   You are only liable for any diminished value of the Products resulting from the unfair/unreasonable wear and tear of the Product which is not necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.

Faulty or mis-described goods

9.11   If you are returning the Products to us under because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges, and any reasonable costs you incur in returning the item to us. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these terms and conditions of sale.

9.12   We will refund you on through the payment method used by you to pay.

How to return the Products

9.13   You must return Products to us as soon as reasonably practicable. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

9.14   Unless the Products are faulty or were not delivered as described (in this case, see clause 9.12), you will be responsible for the cost of returning the Products to us including the cost of us collecting the Products from you. Please see our returns page for more detailed collection pricing;

9.15   You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.

9.16   Details of your right to cancel and an explanation of how to cancel the Contract are provided in the email accepting your order.

10. SALES PROMOTIONS

10.1   For time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.

10.2   The length of time the Promotion runs for, the conditions for qualifying for the Promotion and the Products which will be subject to the Promotion will be set at our discretion.

10.3   Where different terms and conditions (from these Terms and Conditions of Sale) apply to the Promotion we will make them available to you before you purchase any Product which is subject to the Promotion.

11. COMPETITIONS

11.1    For time to time, we may run competitions on our site.

11.2   The length of time the competition runs for, the conditions for entry to the competition and the prizes for winning or taking part in the competition will be subject to our discretion.

11.3   We will make the rules of any competition we run available to you before you participate in the competition.

12. GIFT VOUCHERS AND DISCOUNT CODES

12.1   Gift vouchers can only be purchased online through our site.

12.2   You may choose to: (i) have the voucher emailed to the recipient on a pre-determined date of your choice; or (ii) print the voucher yourself. Should you need to re-send or re-print the gift voucher, this can be done through 'your account' on our site.

12.3   Vouchers are valid for one year from the date of issue and cannot be extended.

12.4   Only one discount code can be applied to any one order, this includes any promotional codes or offers.

12.5   The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.

12.6   Gift vouchers can be purchased in fixed denominations from £25 to £200.

12.7   If you have any difficulty redeeming your voucher or have any questions then please contact us for further assistance.

13. YOUR INFORMATION

13.1   We process information about you in accordance with our privacy policy.

14. OUR LIABILITY TO YOU

14.1   We are under a legal duty to supply Products that are in conformity with our contract with you.

14.2   In the event of a fault in our Products notified to us within a reasonable time after delivery we will (subject to confirmation of the fault), exchange the Products or refund you in full.

14.3   If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

14.4   The maximum loss or damage we will be responsible for under clause 14.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.

14.5   We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.

14.6   This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.

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 including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.

16. RESOLVING DISPUTES

16.1   If you have a dispute with us relating to our contract with you, in the first instance please contact us at hello@hemingwayslondon.com and attempt to resolve the dispute with us informally. You can also write to us at: Customer Services, Hemingway's London, 55 Albert Palace Mansions, London SW11 4DQ.

16.2   In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.

17. EACH OF THESE TERMS OPERATES INDEPENDENTLY

17.1   Each of the paragraphs of these terms and conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18. ENTIRE AGREEMENT

18.1   These Terms and Conditions of Sale setting out the written terms of our contract with you for the purchase of the Products. If part of these Terms and Conditions of Sale cannot be enforced then the remainder of these Terms and Conditions of Sale will still apply to our relationship.

19. UPDATING THESES TERMS AND CONDITIONS

19.1   We may modify or update these terms and conditions from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you.

19.2   Every time you order Products from us, the terms and conditions in force and available on our site at the time will apply to the Contract between us.

20. RIGHTS OF THIRD PARTIES

20.1   Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

21. TRANSFER OF OUR RIGHTS

21.1   We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.

22. LAW AND JURISDICTION

22.1   These terms and conditions are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

22.2   You and we both agree that the courts of England and Wales will have exclusive jurisdiction.  

23. CONTACTING YOU

23.1   If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

24. CONTACT US

If you have any queries about these terms, please send us an email at hello@hemingwayslondon.com or contact us on the phone: 020 8979 5055 (Mon – Fri:10 am – 5 pm). We’ll be here to help.