Terms and Conditions

1. DEFINITIONS

1.1 “Buyer” means the individual or organisation that buys or agrees to buy goods from the Seller for the purpose of their business, trade or profession and not for private use or consumption.
1.2 “Contract “ means a the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.3 “Goods means the articles the Buyer agrees to buy from the Seller
1.4 “Seller” means hatsandbags, PO Box 83, Worksop, Nottinghamshire SO1 1AY
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. CONDITIONS

2.1 Nothing in these terms and conditions shall affect the Buyers statutory rights.
2.2 These terms and conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the buyer.
2.3 Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyers acceptance of these terms and conditions.
2.4 Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.

3. ORDERING

3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The Seller may choose not to accept an order for any reason.
3.2 Where goods ordered by the buyer are not available from stock substitute products will given if these have been requested by the buyer at the time of ordering.

4. PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price is inclusive of Postage and Packing within the UK and VAT.
4.2 The total purchase price, including VAT and delivery charges if any will be displayed in the Buyers shopping cart.
4.3 The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered ( or substitutes) can not be supplied and/or a different postage tariff has to be applied (i.e. for consignments in excess of 25kg, postings outside mainland, precious metal items requiring Special Insured delivery – for further information see section on postage)
4.4 Payment for goods must be received before despatch.
4.5 The Seller accepts payment for orders by Credit/Debit Card, Cheque, Postal Orders, and Bank Transfer. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
4.6 In respect of Credit/Debit Card Payments unless otherwise requested by the Buyer at the time of ordering, the Buyer will be notified by phone or email of the final order total due for payment. Authorisation, unless otherwise requested by the Buyer at the time of ordering will be sought by the Seller from the Buyer before Credit/Debit Card Payments are processed.
4.7 Buyers paying by, Credit/Debit Card that have requested notification, Bank Transfer, Personal Cheques, or Postal Order will be advised by the Seller either by phone or email (usually within 7 working days) of the total order amount due including VAT and postage. If after making contact with the buyer payment or in the case of Credit/Debit Card payments authority is not received within 10 days the Buyers order will be cancelled without further notice.
4.8 All payments are to be made by the buyer in Pounds Sterling.
4.9 Credit card information for the purpose of making a payment can be given to the Seller via phone, fax or through the Sellers secure website which encrypts the information given.
4.10 Goods purchased by Credit/Debit Card will only be despatched by the Seller to the registered address of the Credit Card Holder.
Please note: Information obtained by the Seller in the process of receiving financial information from the buyer using a Credit/Debit Card to make a purchase, will only be used for processing the payment. We will not store any financial information, and information will not be disclosed to any 3rd party, and will be destroyed.

5. RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at anytime.
5.3 The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.

6. DELIVERY

6.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order
6.2 Goods supplied outside the UK will normally be delivered within 20 working days of acceptance of order
6.3 The Seller reserves the right to alter delivery times without notice.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.
6.5 Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery.
6.6 In the event of goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer.
6.7 The title and risk in the goods shall pass to the Buyer upon delivery and the Seller will not be liable for their loss or destruction from this point on.

7. CANCELLATION AND RETURN POLICY

7.1 The Buyer must inform the Seller by phone or email within 24hrs if they wish to cancel their order. The Seller reserves the right to charge the Buyer a 20% restocking fee if their order is cancelled after the time limit. Orders cannot be cancelled once they have been despatched.
7.2 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by phone, fax or email within 3 working days of delivery if goods are defective or damaged or of an incorrect quantity. The Seller shall have no liability to make right the same if notification is not received within the specified time period.
7.3 The Sellers only obligation to the Buyer in regards to point 7.2 will be at the option of the buyer

1) To make good any shortage or non-delivery
2) To replace any goods that are damaged or defective
3) To hold your account in Credit with the amount paid for the goods in question
4) To credit and refund the amount paid for the goods in question

8. Where a claim of defect or damage is made the goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a refund of any return postage charges if the Seller has instructed the Buyer to return the goods in question.
9. The Seller is not liable for any goods that have been damaged due to misuse or are returned without their original packing.
10. In the event of the Buyer, indicting on ordering their acceptance of substitute products as alternatives for out of stock items, and subsequently finding them unsuitable the Buyer shall return them to the Seller for a full Credit. Cost of Return Postage will however be the responsibility of the Buyer and no refund of the same will be given by the Seller.
11. Other than for the aforementioned reasons the Seller will not accept returns from the Buyer.

8. LIABILTY

8.1 If goods are not received by the Buyer within 10 days of the date on which they were ordered, the Seller has no liability unless they are notified by phone, fax or email within 21 days of the date on which the goods were ordered
8.2 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage
8.3 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit the liability of the Seller for death or personal injury resulting from their negligence.

9. FORCE MAJEURE

9.1 The seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

10. CHANGES TO TERMS AND CONDITIONS

10.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right should not affect existing Terms and Conditions accepted by the Buyer upon making a purchase.

11. GOVERNING LAW AND JURISDICTION

11.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of England and the parties hereby submit to the exclusive jurisdiction of the English courts