Terms and Conditions

Overview

These Terms and Conditions apply between you, the User of the Website (including and sub-domains, unless expressly excluded by their own Terms and Conditions), and Holmes & Wilson Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Holmes & Wilson Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Holmes & Wilson Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Section 1 - General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and superseded all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Section 2 – Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Holmes & Wilson Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Holmes & Wilson Limited.

Section 3 – Prohibited use

You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Section 4 – Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as appliable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Holmes & Wilson Limited accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

loss or corruption of any data, database or software;

any special, indirect or consequential loss or damage.

Section 5 – Availability of the Website and disclaimers

Any online facilities, tools, services or information that Holmes & Wilson Limited makes available through the Website (the Service) is provided ‘as is’ and on an ‘as available’ basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Holmes & Wilson Limited is under no obligation to update information on the Website.

Whilst Holmes & Wilson Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Holmes & Wilson Limited accepts no liability for any disruption or non-availability of the Website.

Holmes & Wilson Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and / or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Holmes & Wilson Limited endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and will not be responsible for any errors or omissions or for the results arising from the use of such information.

Section 6 – Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into the terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: Privacy and Cookies add hyperlink

Section 7 – Third-Party links

Certain content, products and services available via our Service may include materials from third parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 8 – Pricing

The price of our products is as detailed on our website, and in UK pounds (£) sterling. You will be charged in this currency when you place an order.

Section 9 – Promotional discount codes, special offers and free delivery offers

We occasionally offer promotional discount codes which may apply in respect of any, or particularly designated, purchases made through this website. These codes can only be used for purchases of full-price items and cannot be used in conjunction with any other offer or discount.

Special offers available for purchase without the use of a promotional / discount code are limited, and while stocks last.

Free Delivery offers apply to standard delivery only and does not include express / next day delivery options. Free delivery offers may be extended or removed at any time.

Section 10 – Orders

When buying goods or services on the internet, you are entering a legally binding contract. We must receive payment in full for the price of the goods that you order before your order can be accepted. We will email you to confirm that your order has been received by us to the email address provided by you during the checkout process.

Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order. You will receive another email once your order is dispatched.

Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify, do not use this site.

Section 11 – Payment

Payment is taken in full at the time of order.

Section 12 – Delivery

Our delivery options and charges are specified on our website. Some products may incur additional delivery costs when shipped to specified postcodes in the UK. You will be informed of this on the product page. Please note that it may not be possible for us to deliver to some locations.

We will deliver the goods ordered by you to the UK address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to take delivery of the goods from the delivery service used.

The goods will be delivered within the time frame specified at the time of order.

You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you, they will be held at your own risk, and we will not be liable for their loss or destruction.

If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email at our contact address of the problem within 7 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 14 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at our contact address of the problem within 16 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option (but dependant on stock availability) either:

1. to make good any shortage or non-delivery; or

2. to replace any goods that are damaged or defective; or

3. o refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

We cannot be held responsible for any delays once the goods have left us and are in possession of the delivery carrier.

Section 13 – Cancellation by you

You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty, although we value any comments or suggestions that may help us improve our service.

To cancel the order in its entirety please return the goods or contact us to advise you will be returning the goods within 14 days. If you notify us, you will have a further 14 days to return the entire order.

Your right to cancel your contract with us for the goods you have ordered is subject to:

You not having removed labels or ruined the packaging
The item(s) cannot be made to order or have a bespoke personal message, which due to their unique nature, cannot be exchanged or returned unless they are faulty.

To cancel your contract, you must complete the returns form that was included with the delivery of your order and enclose it in the parcel you return to us. Please affix the correct postage before sending. We recommend that you obtain a certificate of posting from the Post Office for any returned items, as you are responsible for the goods until they reach us.

The refund will be credited to the card used for the original purchase within 14 days once the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
If you choose to return your item for an exchange, rather than a refund, please use the returns form to specify which item you wish to receive in its place.
We will only refund the cost of postage to return an item if you have been sent incorrect goods or they are faulty or damaged. The refund will be credited to the card used for the original purchase. 

Section 14 – Cancellation by us

We reserve the right to cancel the contract between you and us if:

We have insufficient stock to deliver the goods you have ordered;

We do not deliver to your area; or

One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract, we will notify you by email. We will refund to the card used for the original purchase; the sum deducted by us from your payment card as soon as possible. We will not be obliged to offer additional compensation for any disappointment suffered.

Section 15 – Entire Agreement

These terms and conditions, together with our current website prices, delivery information, returns policy, contact details, privacy & security policy and cookie policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.

Section 16 – Contact details

You can contact Holmes & Wilson Limited by email at enquiries@holmesandwilson.co.uk or you can write to us at Holmes & Wilson Ltd, 50 Princes Street, Ipswich, Suffolk, IP1 1RJ. We aim to respond to you within 1 - 3 working days.