Terms & Conditions
TERMS & CONDITIONS
Welcome to Heart & Sole website Terms and Conditions of use. These terms and conditions apply to the use of this website at www.heart-and-sole.co.uk. By accessing the Heart & Sole Website and/or placing an order, you agree to be bound by our terms and conditions.
- These terms and conditions ("Terms") explain your rights and obligations in relation to this web site located at www.heart-and-sole.co.uk ("Site") and any goods purchased through this Site. Please read them carefully. You may have other rights granted by law and these Terms do not affect these. Within these Terms and Conditions if there is anything you are unsure of then please contact us.
- This Site is operated by Heart & Sole Limited ("we", "our" or "us"). Our Registered Office is 7D Whitebridge Lane, Whitebridge Estate, Stone, Staffordshire, ST15 8LQ. You can telephone us on 01785 818 566.
- We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
2. USE OF THE SITE
- The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
- We reserve the right to suspend, restrict or terminate your use of this Site at any time.
- Value Added Tax is included within all prices and we reserve the right to adjust the VAT element if this changes.
- The cost of delivery via courier or other transport mediums are set out within our Delivery Policy (www.heart-and-sole.co.uk/delivery) and these costs shall be added to the price paid by you.
- All reasonable efforts have been made to ensure that the pricing information contained on the Site is correct and up to date, however we reserve the right to cancel an order if a price within the order is out of date or incorrect.
4. PURCHASING FROM US
- The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes to the advertised goods prior to despatch of such goods. If you are unhappy with these improved, altered or modified goods you may inform us within 14 days starting from the day you acquire, or a third party other than the carrier and indicated by you acquires, the goods.
- It is recommended that you retain all original packaging and tags until you are certain you intend to keep the goods, as deductions may be made from the reimbursement if the loss in value is a result of unnecessary handling by you.
- All descriptions, photographs, sizes, colours, and descriptions either published or contained on our Site are for providing an approximation of good described.
- Whilst we try to only display goods on our Site that are currently in stock, if goods that are ordered are not immediately available we will advise you of this as soon as reasonably possible and provide a full refund.
- In submitting your order on the Site you are offering to buy and pay for the ordered goods and allow us to use your details solely for the purposes of supplying goods, those of which include couriers and possible other subcontractors.
- We are not obliged to supply the goods ordered until we have confirmed that we have both accepted your order and received the payment in full. The order will be deemed as accepted when the goods stated in the order have been dispatched from us. At our discretion we retain the right to reject your order.
- We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- The cost of communication for the conclusion of the contract is calculated at the basic rate.
5. DAMAGED OR DEFECTIVE GOODS
- All goods received should be inspected for defects or damage. You should contact us as soon as possible if a defect or any damage is found, please refer to our Returns Policy (www.heart-and-sole.co.uk/returns) for full instructions of how to return an item.
6. GOODS PURCHASED
Heart & Sole is under a legal obligation to guarantee the conformity of goods purchased. The goods are deemed to be in conformity if at the moment of delivery:
- the goods comply with the description given by the seller
- the quality and performance of goods are satisfactory relating to the nature of the goods
- the goods are fit for the purposes in which goods of similar type are normally used
- they are fit for any particular purpose for which the consumer requires them and which was made known to the seller at the time of conclusion of the contract, and accepted by the seller
Heart & Sole Limited is also bound by relevant codes of conduct as defined in regulation 5(3)(b) of the Consumer Protection from Unfair Trading Regulations 2008. Copies of the Unfair Tradition Regulations 2008 can be found by visiting www.legislation.gov.uk
7. LIMITATION OF LIABILITY
- We do not limit our liability to you for death or personal injury caused by our negligence or for fraud.
- Our obligations and performance can be disrupted by unforeseen circumstances beyond our control, not limited to industrial disputes, changes in legislation, war, or floods.
- The extent of our liability to you is as follows:
- damage to physical property caused by our negligence or by the goods shall not exceed £100.00 per event or series of connected events (or the sum you have paid us for the item in relation to which you have the claim);
- the aggregate of all claims arising in connection with the goods (whether due to breach of contract, or negligence, or otherwise) shall not exceed the price paid by you in respect of the goods that are the subject matter of the claim in question;
- except as set out in this agreement, we disclaim all terms, conditions, representations and warranties (whether express or implied) to the extent permissible by law.
- any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
- events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00) or the sum you have paid us for the item in relation to which you have the claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights.
- Whilst we take all reasonable steps to protect your personal details, we are not responsible for any breach of security unless this is due to our negligence. We do not have any liability regarding your ability or inability to use the Site. Although all efforts have been made to keep information contained on the Site correct and up to date we cannot guarantee this is the case and are not liable for your reliance on out of date or incorrect information.
8. AFTERSALES & COMPLAINTS
If you need any aftersales assistance or have a problem with our products or service, we are available by telephone on +44 (0 1785 818 566 Monday to Friday 9am – 5pm, alternatively email email@example.com
Contact your local authority for further information about your statutory rights.
9. FURTHER INFORMATION
- Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
- This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
- We advise you to print a copy of these Terms and retain them for your information in the future.
- If any section of the Terms are held by a Court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
- This agreement between us is personal to us and no other person who is not party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
- The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
- The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
- We will not be liable for any direct or indirect losses related to computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites.