Terms & Conditions
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these conditions the following words have the following meanings:
"Company" means Haken & Haken, trading as a sole trader, Ken Haken.
"Contract" means any Contract between the Company and the Customer for the Sale of Goods, incorporating these conditions
"Customer" means the person(s) who purchases Goods from the Company
"Goods" means any Goods agreed in the Contract to be supplied to the Customer by the Company (including all Standard Goods, any part or parts of them and Bespoke Products)
â€œBespoke Product (s)â€ means those Goods included in an Order which are designed specifically for a specific Buyer in accordance with the Order and which are not part of the Company's standard catalogue. This can include, but is not limited to, Goods that are made to order/measure, special order, cut, mixed, made or modified to the Customers requirements
"Standard Goods" means those Goods listed as Standard Goods on the website which have not be customised or altered in any way for a particular Customer
"We/Us" The Company
"You/Your" The person (s) identified as the Customer
2. THE CONTRACT
2.1 A Contract shall be made between the Company and the Customer and deemed to be accepted by the Company when a order confirmation email is sent by the Company acknowledging the order is received.
2.2 Any variation to the original Contract specification or price must be confirmed by the Customer in writing and accepted by the Company in writing.
2.3 Subject to any variation the Contract will be subject to these conditions to the exclusion of all other terms and conditions (including any terms and conditions that the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.4 Each order for Goods by the Customer from the Company shall be deemed to be an offer by the Customer to purchase Goods. It is the Customers obligation to ensure that the terms of its order and any applicable specifications are complete and accurate.
2.5 Any quotation made by the Company is given subject to the conditions.
2.6 The Company will not be responsible for natural processes such as oxidation, which may change the colour of metals over time.
3. DESCRIPTION AND SPECIFICATION OF GOODS
3.1 Although the Company takes every precaution to ensure that the description, designs, drawings and the manufacturing qualities meet stringent standards, the Company cannot be held responsible for excessive and incorrect usage.
3.2 All designs and information are subject to the existing copyright agreement, which states they may not be reproduced in any form without prior written consent by the Company.
3.3 There may be slight differences between the website images and the manufactured product. The Company cannot therefore guarantee an exact match.
4.1 All prices shown are in Pound Sterling (Â£).
4.2 All prices are inclusive of the current prevailing value added tax (VAT) unless stated otherwise.
4.3 Bespoke Product prices are valid for 30 days from the date of quotation.
4.4 All Goods and Bespoke Products shall be supplied with the calculated delivery charge as shown on the webpage site once a delivery address is entered on the order form.
5.1 The Company's' payment terms are full payment upon placing the order for Goods within the Company's standard catalogue.
5.2 Payments are only accepted in Pounds Sterling (Â£).
5.3 When an order is made for Bespoke Products, a deposit of 50% of the quoted price shall be payable. No work, neither design nor manufacture, will commence until the initial payment is received. The remaining 50% of the Contract price shall be invoiced on completion of the manufacture of the Goods and shall be payable within 7 days.
5.4 All deposits for Bespoke Products are non refundable once the order confirmation has been issued to the Customer, section 8 details the Company returns policy.
6.1 The Company shall aim to fulfil all orders at the earliest opportunity subject to full cleared payment.
6.2 The Company's delivery times as shown on the website are given in good faith and are anticipated, based upon The Company's logistic partner's guidance. Delivery can occur sooner or later than anticipated timescales.
6.3 The delivery times are shown in working days.
6.4 Delivery can only be made to a U.K. Mainland address.
6.5 The Company will arrange for delivery of the Goods to the address as advised by the Customer.
6.6 The Company will endeavour to meet delivery dates but shall be under no liability of any kind if it fails to meet any such dates, whatever the cause of failure and whether such cause is within the Company's control or not.
6.7 It is the responsibility of the Customer to provide free and unobstructed access for delivery of the Goods. Any failed, abortive or return delivery charges shall be recovered from the Customer at cost.
7. FAULTY, DAMAGED OR SHORTAGES OF GOODS
7.1 The Customer shall inspect the Goods and notify the Company immediately upon delivery of any shortages or damage to the Goods in order to make a claim for refund or replacement.
7.3 The Company reserves the right to decline any replacement or refund request should the damage or misuse of the Goods have occurred upon the Customer's property or during self assembly.
7.4 Upon approved claims where a replacement is required the Company will provide a replacement or refund as soon as practicable.
8.1 The Standard Goods are covered by our 28 day money-back guarantee, so just return them to the Company unused, unerected, in their original undamaged packaging, in a saleable condition, with your receipt and the Company will give you a refund. This does not include any bespoke, personalised or embossed items.
8.2 Should you choose to return an item and the reason for return is not a result of a Company error, the cost of the return shipping will be deducted from your refund.
8.3 Our 28-day money back guarantee does not affect your statutory rights, in particular any right you have to return the Goods under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.
8.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have the right to cancel within a period of 14 days from placing Your order, provided the Company have not commenced production of the Bespoke Product.
8.4 Once the Company have commenced manufacture of the Bespoke Products the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
8.5 We may cancel this agreement at any time prior to the production of the Bespoke Product. We may do so without giving any reason. In such a situation We will refund to You the amount paid.
8.6 Bespoke Products, which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-shipping of Bespoke Products returned in error.
8.7 We cannot take responsibility for Customer generated mistakes, errors or defects including, but not limited to, spelling, typographical or grammar errors, order quantity, or other ordering errors. To prevent these errors from happening, please review Your order carefully before proceeding to payment.
8.8 If the Bespoke Product produced is not in accordance with the Design due to a Company error then Your sole remedy is limited to the Company making good any errors or omissions.
9.1 All Goods are sold and supplied for self-assembly only by The Customer, unless otherwise stated or You have selected to use a landscaper or other such person to carry out the installation.
9.2 The customer should not arrange or commence any erection service privately until they have received the Goods and have fully checked that the Goods are both complete and sound.
9.3 The Company will not bear any abortive costs arising from the Customer or their privately employed labourer, due to the failure of The Customer to check the Goods or while awaiting receipt of any missing or replacement parts.
10. OUR LIABILITY
10.1 The Company's total liability in Contract (including negligence or breach of statutory duty) shall be limited to the price of the Goods.
10.2 The Company shall not be liable to the Customer for any loss of profit or other economic loss (direct or indirect) or consequential loss or damage, costs, expenses or other claims for consequential compensation or loss or damage howsoever caused which arises out of or in connection with the Contract, or for any liability incurred by the Customer to any other person for any economic loss, claim for damages or awards howsoever arising.
11. FORCE MAJEURE
11.1 The Company reserves the right to suspend or cancel the Contract in whole or in part if manufacture or delivery is prevented or delayed due to any circumstances beyond the Company's control i.e. acts of God, flood, lightening, war, revolution, act of terrorism, riot or civil commotion. The Company may upon reasonable notice terminate or amend this Contract in such manner as is reasonable within the circumstances.
12. Communication and Contact Details
12.1 All communication should be addressed to the Company and our contact details are as follows:
By telephone - 01869 240027
In writing -
Haken and Haken
127 Lucerne Avenue
13. Complaints and Feedback
13.2 In order for the complaint or feedback to be handled in the most efficient manner the Customer should state upon all correspondence the Customer; (a) name, (b) address, (c) sales invoice number.
13.3 The Company shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a â€œSecond Requestâ€ for the attention of The Customer Service Manager.
13.4 It is the intention of The Company to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
14. PERSONAL INFORMATION
14.1 The Company will only use the information that we collect about the Customer lawfully (in accordance with the Data Protection Act 1998).
14.2 Any personal details given by The Customer shall not be passed or made available to any other company, organisation or third party except to enable us to efficiently fulfil your order as outlined in clause 15.3 and 15.4.
14.3 The Customerâ€™s contact name, telephone number and address shall be passed to our logistics partner to enable direct delivery and communication.
14.4 The Company shall only use The Customerâ€™s telephone and email contact details when deemed appropriate and necessary to discuss and fulfil, the order.
14.5 Subscribers of The Company email newsletter retain the right to be removed from our database at any time by selecting the â€˜unsubscribeâ€™ function at the base of any newsletter received.
15. INTELLECTUAL PROPERTY
15.1 All Intellectual Property Rights, design rights and the like in the Goods shall be and remain property of the Company and the Customer shall not be entitled to or claim, and shall procure that its affiliates, associates, agents and buyers from the Customer do not claim ownership of any such Intellectual Property Rights. Nothing in this agreement shall give the Customer, its affiliates, associates, agents or buyers from the Customer any proprietary interest in the design of the Goods, which cannot be copied without the consent of the Company.
16 GOVERNING LAW AND JURISDICTION
16.1 This Contract shall be governed by and be construed in all respects in accordance with English Law and all disputes and claims arising out of or relating to this Contract shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit.