HOWE GREEN LIMITED

TERMS AND CONDITIONS OF ONLINE SALES

These terms and conditions, together with the documents and website pages expressly referred to in them (together, the "Terms"), shall govern the sale by Howe Green Limited ("HGL") to you of the products (the "Products") listed for sale on our website, www.accesscovers.co.uk ("our site"). References in these Terms to "we", "us" and "our" are to HGL.

These Terms will apply to any contract for the sale of Products by us to you (a "Contract"). Please read these Terms carefully and ensure that you understand them before ordering any Products from our site. YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 10. Please note that by ordering any of our Products, you agree to be bound by these Terms.

Please tick the box marked "I accept the Terms & Conditions” at the Checkout if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. If you have any queries regarding these Terms, please contact us using the contact details referred to in clause 1.2.

We recommend that you print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 14. Please note that these Terms were most recently updated on 1-10-12.

 

1. Information about us

1.1 HGL is a company registered in England and Wales under company number 01707882 whose registered office is at The Old Boardroom, Collett Road, Ware, Hertfordshire SG12 7LR. Our main trading address is Marsh Lane, Ware, Hertfordshire SG12 9QQ. Our VAT number is GB 386 035 345.

1.2 To contact us in connection with any general enquiry you may have, please see our Contact Us page.

 

2. Products

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's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of Products may also vary from that shown on images on our site.

 

3. Use of our site and our use of your personal information

3.1 Your use of our site is governed by our Site Terms and Conditions. Please take the time to read these as they include important terms which apply to you.

3.2 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this as it also includes important terms which apply to you.

3.3 When you place an order for a Product, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Information Commissioner's Office.

 

4. Your status

You warrant and represent to us that:

(a) you are not a consumer (being for the purposes of these Terms a natural person who is acting for purposes which are outside his business);

(b) you have authority to bind any business on whose behalf you will use our site to purchase Products;

(c) you are entering into a Contract in the course of business; and

(d) any Products supplied by us will be for internal use by your business only and will not be used for any re-sale purposes.

 

5. How a Contract is formed between you and us

5.1 When placing an order for Products, you warrant that:

(a) the personal information which you are required to provide is true, accurate, current and complete in all respects; and

(b) you are not impersonating any other person or entity.

5.2 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.

5.3 Your order is an offer to us to buy the Product(s) in your order. When you place an order to purchase a Product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order (an "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer, and conclude the Contract in respect of the Product ordered by you, when we dispatch the Product to you and send an e-mail confirmation to you that we have dispatched the Product to you (a "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive separate Dispatch Confirmation E-mails for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude separate Contracts between us for the Product(s) specified in that Dispatch Confirmation E-mail.

5.4 All orders for Products are subject to availability. If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available), we will inform you of this by e-mail and we will not process your order. In such circumstances, we will not have accepted your offer to buy the relevant Product and no Contract in respect of such Product will be concluded. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5.5 You may not cancel any order for Products which has been accepted by us in accordance with clause 5.3 except with our written agreement and you shall fully indemnify us from and against all losses, costs and expenses incurred by us as a result of any such cancellation.

 

6. Price of Products and delivery charges

6.1 The prices of Products will be as quoted on our site from time to time. We use all reasonable efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 6.5 for what happens in this event.

6.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation E-mail.

6.3 The price of a Product includes VAT (where applicable) at the applicable rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

6.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information page

6.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and will give you the option of either continuing with the purchase of the Products at the correct price or cancelling your order. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you as such in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we are under no obligation to provide the Products to you at the incorrect (lower) price.

 

7. How to pay

7.1 We accept payment by way of debit card and credit card.

7.2 Payment for any Product and all associated delivery costs will be debited and cleared before we dispatch your order, following which, you will be the owner of the such Product.

 

8. Delivery

8.1 We will post, or arrange for a courier on your behalf for, the Product you have ordered to the person and address which you specified when ordering the Product.

8.2 Subject to our acceptance of your offer and the conclusion of a Contract in respect of Products ordered by you in accordance with clause 5.3:

(a) orders for Products received on or before 1:00 pm on any Working Day will be dispatched on the same day; and

(b) all other orders for Products will be dispatched on the next Working Day.

"Working Day" means a day other than a Saturday, Sunday or public holiday.

8.3 We will endeavour to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation E-mail. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date. Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such.

8.4 Delivery will be completed when the Product is delivered to you at the address which you specified when ordering the Product.

8.5 The Product will be your responsibility from the completion of delivery. You will assume the risk for the Product once it has been delivered to the address which you specified when ordering the Product. We accept no liability where you provide an incorrect delivery address or where you fail to collect the Product from the delivery address which you specified.

8.6 Unfortunately, we do not deliver Products to addresses outside the United Kingdom. You may, however, place an order for Products from outside the United Kingdom, but this order must be for delivery to an address in the United Kingdom.

 

9. Manufacturer guarantees and our warranty

9.1 Some Products will come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee which will accompany such Products.

9.2 For any Product which we have manufactured, we provide a guarantee that, on delivery and for a period of 12 months from delivery, the Product shall be free from material defects. However, this guarantee does not apply to any defect in the Product arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate, install or use the Product in accordance with our guidelines; or

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.

 

10. Our liability

10.1 Subject to clauses 10.2 and 10.3, our total aggregate liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed 100% of the aggregate sale price of the Products.

10.2 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; or

(d) defective products under the Consumer Protection Act 1987.

10.3 Subject to clause 10.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract for any:

(a) loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill;

(f) indirect or consequential loss; or

(g) loss resulting from any failure by you to operate, install or use a Product in accordance with the manufacturer's guidelines.

10.4 Except as expressly stated in these Terms, we do not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

11. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our site or any other person accessing our site using your personal information.

 

12. Events outside our control

12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined in clause 12.2.

12.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3 If an Event Outside Our Control takes place which affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control has concluded.

 

13. Communications between us

13.1 If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can do this by e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.) or by pre-paid post to Howe Green Limited at Marsh Lane, Ware, Hertfordshire SG12 9QQ. We will confirm receipt of any such communication by contacting you in writing, normally by e-mail.

13.2 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.

13.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and, in the case of a letter, that such letter was properly addressed, stamped and placed in the post.

 

14. Our right to vary these Terms

14.1 We may revise these Terms from time to time at our absolute discretion.

14.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

14.3 Whenever we revise these Terms in accordance with this clause 14, we will provide notice of this by stating the date upon which these Terms were most recently updated at the top of this page.

 

15. Other important terms

15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will notify you in writing or by posting on this webpage if this happens.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to any such transfer in writing.

15.3 These Terms are between you and us. No other person shall have any rights to enforce them, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

15.4 These Terms constitute the entire agreement between you and us in relation to any order you make for Products. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.

15.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.7 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.