ONLINE TERMS AND CONDITION
Welcome to Benedict & Hott’s online terms and conditions
Please read them carefully as they apply whenever an order for products is placed by you.
If you do not agree to be bound by these terms, then please do not place an order. You will be asked to agree on these terms each time before placing an order.
Nothing in these terms and conditions affects your statutory rights.
Who we are
We are Benedict & Hott Ltd. Our office is at Smailholm House, Smailholm, Kelso, Roxburghshire.
Benedict & Hott operates the website www.benedictandhott.com
If you would like to contact us, please call our Customer Service on 01367 850133 or 07872648923 within opening hours or email email@example.com.
Use of the Website
We aim to ensure the information we place on the website is not misleading. However, we make no warranty or representation, whether express or implied, in relation to the accuracy of such information or any transaction on the website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty:
the website will meet your requirements or will be uninterrupted, timely or error-free; or
that defects on the website will be corrected; or
the site, or the server that make it available, are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
We reserve the right to change, withdraw or deny access to the website at any time and to remove any posting or information uploaded onto the website.
Compliance with Laws
By using this website, you agree to do so only for lawful reasons. You agree not to impersonate anyone and to comply with all applicable laws and regulations regarding transactions entered into on the website.
The steps required by you to enter into a contract with us are that you place your order for the products by clicking on the pay now button at the end of the checkout process once your product information, payment details and personal information have been submitted. You will be guided through the ordering process by our website and its instructions. Please take time to ensure that your order details are correct.
Once you have submitted an order, we will send you an acknowledgement email detailing the products you have ordered. This email acts simply as an acknowledgement that your order has been submitted and will be processed by us, not that the order is confirmed or accepted.
Please note all orders are subject to stock availability. We will inform you by email as soon as possible if the product you have ordered is not in stock. We will not take payment from you until the product is ready for dispatch. If you have already paid for the product and it is not in stock, we will refund you the amount you have paid.
Your order will be accepted and confirmed by us when the products have been dispatched. A further email will be sent to you when your ordered products have been dispatched. The contract between you and us will only be formed once you have received an email confirming dispatch of the order.
Non-acceptance of an order may arise from a number of reasons including (but not limited to):-
Not being able to take payment from you;
A pricing or product description error on our behalf;
You not meeting any eligibility criteria;
Unavailability of stock;
If we reasonably consider that you intend to re-sell the products on a commercial basis; or
Attempting to purchase more than four products of any type of product within a single order.
Please note we will not file a copy of the contract between us.
Pricing and Payment
The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the information was entered into the system.
We will normally check prices as part of our dispatch procedures. If the products are incorrectly priced, then where the product’s correct price is less than the price stated on our site, we will charge the lower amount. However, please note that if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Where the product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error. We will give you the option of continuing to purchase the product at the correct price or cancelling the order. We will not process the order until we have your instructions. If we are unable to contact you within seven (7) calendar days using the personal information you provided to us, we will treat the order as cancelled and notify you in writing.
We will not process the order until we have your instructions. If we are unable to contact you within seven (7) calendar days using the personal information you provided to us, we will treat the order as cancelled and notify you in writing.
The price of the product does not include delivery charges. Our delivery charges are as quoted on our site.
You can only pay for your products by using a debit card, credit card or PayPal. The cards we accept are shown at the time of ordering.
Payment for the products and all delivery charges is in advance. However, we will not charge your debit or credit card until immediately before we dispatch the order.
Changing or Cancelling an Order
We’re sorry that we cannot make changes or cancel an order once you have placed it. If you are not happy with the item, please return it using the Returns Process.
If you need to return an item to Benedict & Hott please do so within seven (7) days following delivery of your goods. The return conditions detailed below must be met for a full refund. All returns are payable by the customer.
Whilst you are deciding whether to keep your purchases, you do have a legal duty to take reasonable care of the items.
All products must be returned in a re-saleable condition. This means the product and its packaging, labels and tags are undamaged and unused. We will not accept worn, damaged, altered or used goods. We reserve the right to reduce the amount of monies refunded (up to the value of the contract price) where the value of the goods are diminished from your handling of the goods which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. We shall evaluate the condition of the product by considering if your handling goes beyond that which might reasonably be allowed in a shop and the general wear of the product.
We will not accept the return of any made-to-measure or customer-made products.
If we have to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us when ordering the products.
Your Rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Your statutory rights are not affected.
Any refund made will be made on the credit card or debit card used at the time of ordering the products or by PayPal. Refunds will usually be processed within five (5) working days of products being received back.
If the product is faulty or not as described, your legal rights are not affected by the above returns policy. Please say if you consider the products are faulty or not as described. See below for faulty products.
Unfortunately, we’re unable to offer exchanges due to the short production run of garments we stock. Please return the item for a full refund and place a new order.
We will aim to deliver your order by the estimated delivery date set out on the website unless there is an Event Outside Our Control (please see below). If we’re unable to meet the estimated delivery date, then we will inform you of a revised estimated delivery date. You will have the right to cancel your order and to be refunded if you are not happy with the revised estimated delivery date.
Delivery will be completed when we attempt to deliver the products to you or a person identified by you to the address you gave to us or other address or location which is agreed between you and our courier.
The products will be your responsibility from the completion of delivery being attempted.
You will own the products when we have received payment in full for the products, including any delivery charges.
We deliver directly to the delivery address stated on the information submitted in your order and do not deliver to any stores for collection. We may agree to deliver to another address or location which is agreed between you and our courier.
Delivery within the UK
You may place an order if you live outside the United Kingdom, but this order must be for delivery to an address in the United Kingdom. The United Kingdom means England, Wales, Scotland, Northern Ireland, Guernsey, Jersey, Isles of Scilly and Isle of Man. Please note that delivery will take longer where the items are delivered to more remote destinations.
Faulty Products – Your Rights under The Consumer Rights Act 2015
Your statutory rights are not affected.
We aim to ensure our products are of the highest quality standard. However, if you consider a product is faulty or not as described, please inform us accordingly. Where the product is faulty or not as described, you have the statutory right within thirty (30) days of delivery to reject the product and receive a refund or you can elect for the product to be repaired or replaced. Where the product is faulty, you will also have the benefit of the Benedict & Hott Warranty (see below) and this further additional period.
Events Outside Our Control
We will not be responsible for any failure to perform the contract or delay in its performance which results from any act or event beyond our reasonable control such as (but not limited to) natural disasters, floods, earthquakes, epidemic, IT failures or attacks, strikes, late deliveries by couriers or other delivery organisations, civil commotion, terrorist attacks or threats of such terrorist attacks, impossibility or delays resulting from using railways, shipping, aircraft, motor transport or other means of transport (‘Event Outside Our Control’).
If an Event Outside Our Control takes place and affects the performance of our obligations under the contract between you and us, then we will contact you as soon as we are able, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event delays your delivery, we will arrange a new delivery date with you when the delaying event has passed.
Our Rights to Make Changes
We may need to make certain changes from time to time. These might be changes in how we take payments from you or changes arising from legal or regulatory requirements. Each time you place an order, the contract will be formed on the terms and conditions currently in place on the website at the time of order. We reserve the right to make changes to these terms and conditions from time to time. It is your responsibility to read the applicable terms and conditions each time you wish to place an order.
We may also need to make product changes to the products from time to time. You will be informed of any product changes at the time you place the order.
Vouchers, coupons, discounts and promotional codes offered by us are valid only for use as part of a purchase made via www.benedictandhott.com unless otherwise stated. Such promotional offers are not valid for use as part of a purchase in Benedict & Hott stands or shops.
The images of our products are for illustrative purposes only. We make every effort to ensure the images and colours are accurate but we cannot guarantee the images and colours on your computer are exactly the same as the product. The products may vary slightly from those images. We comply with our statutory obligation to ensure that the goods we supply conform to the contract we enter into with you.
Benedict & Hott’s Warranty
We warrant that the product will be free from material defects for twelve (12) months after the date of delivery or such longer period as set out in our accompanying warranty. If the product has a material defect (which is not due to one or more of the following reasons), then we will either repair or replace the product (at our own discretion).
The warranty does not apply in respect of:-
fair wear and tear;
wilful damage, abnormal storage, accident or negligence by you or by any third party;
if you fail to use the products in accordance with its instructions;
any alteration or repair by you or by a third party who is not one of our authorised repairers;
any specification provided by you; or
counterfeit goods purporting to be Benedict & Hott’s products.
This warranty is additional to and does not affect, your statutory rights.
When you use our website, you may see we offer you recommendations, showing products we think you might like. These may be based on your past purchases, top sellers, ratings and recently-reviewed products. We consider your interests and recommend products we think you might like.
You acknowledge and agree that all the intellectual property on the website including (but not limited to) logos, trademarks, images of products is owned by us or our licensors. You agree not to (and ensure no other person shall) copy, reproduce, edit, transmit, publish, display, create derivative works or use in any manner such intellectual property.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms or your use of the website.
Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this website.
Nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
We only supply products for domestic and private use. You agree not to use the product for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity.
The price of a product includes VAT (where applicable) at the current rate chargeable in the United Kingdom. However, if the rate of VAT changes between the date of your order and the date of delivery, we may adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third Party Rights
The contract is between you and us. No other person shall have any rights to enforce any of its terms and the contract cannot be assigned or sub-contracted to anyone else.
No waiver by us shall be construed as a waiver of any other breach.
These terms govern our relationship with you. Any changes to these terms must be in writing and signed by both parties as we can then avoid any problems arising about what we and you are expected to do. You confirm that, in agreeing to accept these terms, you have not relied on any statement save those which are a term of this contract and you agree that you shall have no remedy in respect of any such statement. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
Data Protection and Privacy
You may be contacted by email in relation to future offers and for marketing purposes. You will have an opportunity to unsubscribe from these emails.
Third Party Sites
Please note that we are not responsible for any third party sites and you access these sites (whether through our links or otherwise) at your own risk.
Please note these terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.