Terms and conditions for www.hatchbag.co.uk (the “Website")
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully, and make sure that you understand them, before ordering any Products from the Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in Clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12.08.15.
References to “Clause” and “Clauses” are to Clauses of these Terms, and any Contract will only be in the English Language.
For the purposes of these Terms and any Contract with us, you will be considered to be a “Consumer” where you are an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
1. INFORMATION ABOUT US
1.1 We are The Hatchbag Company Ltd, a company registered in England and Wales under company number 09287281 and with our registered office at Unit 1, Turbine Park, Campbeltown Road, Birkenhead, CH41 9HP (“we”, “us” and “our”). We operate the Website. Our VAT number is 213-1301-79.
1.2 Contacting us if you are a Consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in Clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our Customer Services Team by telephone on 0151 203 6555. You can also contact us by email at email@example.com or firstname.lastname@example.org or by post to The Hatchbag Company, Unit 1, Turbine Park, Campbeltown Road, Birkenhead, Wirral, CH41 9HP or you can use the Model Cancellation Form that appears at the end of these Terms. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Customer Services Team at 0151 203 6555 or by emailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business: You may contact us by telephoning our Customer Services Team at 0151 203 6555 or by emailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see Clause 17.3.
2. OUR PRODUCTS
The images of the Products on the Website 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.
3. USE OF THE WEBSITE
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read this, as it includes important terms which apply to you.
5. IF YOU ARE A CONSUMER
5.1 This Clause 5 only applies if you are a Consumer.
5.2 If you are a Consumer, you may only purchase Products from the Website if you are at least 18 years old and you are a resident of the UK.
6. IF YOU ARE A BUSINESS CUSTOMER
6.1 This Clause 6 only applies if you are a business.
6.2 If you are not a Consumer, you confirm that:
(a) you are a business trading in the UK; and
(b) you have authority to bind any business on whose behalf you use the Website to purchase Products.
6.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 The order process: Our shopping pages will guide you through the steps you need to take to place an order with us to purchase Products. 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.
7.2 The Order Confirmation: After you place an order, we will confirm our acceptance by sending you an email that states that your order has been accepted by us (“Order Confirmation”). The Contract between us will only be formed when we send you an Order Confirmation.
7.3 If we cannot supply your order: If we are unable to supply you with any Products, for example because these Products are not available or because we cannot meet your requested delivery date or because of an error in the price on the Website as referred to in Clause 11.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 Updates: We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Check when you order: Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 Changes in the law: We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 Letting you know of changes: If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel the Contract either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
9.1 This Clause 9 only applies if you are a Consumer.
9.2 Cancellation rights: If you are a Consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want the Products, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 Periods in which you can cancel: Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single item (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive any Product.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of any Product or the final item of any of the separate Products ordered.
we provide you with an Order Confirmation on 1 January;
you receive the first instalment of any Product, or the first item of the separate Products, on 10 January; and
the last instalment or the final item of the separate Products on 15 January;
you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
9.4 How to cancel: To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our Customer Services Team on 0151 203 6555. You can also contact us by email at email@example.com or by post to The Hatchbag Company, Unit 1, Turbine Park, Campbeltown Road, Birkenhead, Wirral, CH41 9HP, or you can use the Model Cancelation Form that appears at the end of these Terms. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
9.5 Refunds: If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) in the case of Products that are faulty or not as described, refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of any Products within 2 days at one cost but you choose to have the Products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Products: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return any Products to us, see Clause 9.7; and
(ii) if you have not received any Products: 14 days after you inform us of your decision to cancel the Contract.
9.6 How we refund: We will refund you on the credit card or debit card used by you to pay.
9.7 Returning the Products: If any Products have been delivered to you before you decide to cancel your Contract (please refer to Clause 9.4 for information on how to cancel):
(a) then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
(b) unless the Products are faulty or not as described (in this case, see Clause 9.5(b)), you will be responsible for the cost of returning the Products to us.
9.8 Your legal rights: Because you are a Consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a Consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Delivery dates: We will contact you with an estimated delivery date, which will be within 30 days after the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 16 for our responsibilities when this happens.
10.2 Completion of delivery: Delivery shall be completed when we deliver the Products to the address you gave us when you submitted your order.
10.3 Owning the Products: You own the Products once we have received payment in full, including all applicable delivery charges, and the Products have been delivered to you.
10.4 This Clause 10.4 only applies if you are a Consumer: If we miss the 30 delivery deadline for the Products then you may cancel the Contract straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.5 Rearranging delivery: If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the Contract if we do not meet the new deadline.
10.6 Cancelling for late delivery: If you do choose to cancel the Contract for late delivery under Clause 10.5 or Clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel the Contract we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 Accuracy of Website: The prices of the Products will be as quoted on the Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 11.5 for what happens if we discover an error in the price of any Products ordered.
11.2 Price changes: Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 VAT: Prices for our Products include VAT (where applicable) at the applicable current rate chargeable in the UK 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.
11.4 Delivery charges: Prices for our Products do not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges page on the Website.
11.5 Incorrect pricing: The Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have 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 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 do not have to provide the Products to you at the incorrect (lower) price.
12. HOW TO PAY
12.1 How to pay: You can only pay for Products using a debit card or credit card, or, alternatively, through PayPal. We accept the following cards: MasterCard/Maestro/Visa/Visa Electron/Visa Debit/Solo.
12.2 When to pay: Payment for the Products and all applicable delivery charges is in advance and we will charge your debit or credit card once you have submitted your order to us.
13. OUR WARRANTY FOR THE PRODUCTS
13.1 Our warranty: We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in Clause 13.2.
13.2 Where the warranty does not apply: The warranty in Clause 13.1 does not apply to any defect in the Products 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 or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you;
(f) the item is a replacement for a previous claim
and, for the avoidance of doubt, the warranty in Clause 13.1 will not apply to any defect or damage caused by, or resulting from, your pets, inappropriate storage of the Products following delivery or the application of chemicals (or other similar substances) to the Products by you. For information of care and cleaning instructions please refer to our FAQ section of the Website.
13.3 Your legal rights: If you are a Consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. OUR LIABILITY IF YOU ARE A BUSINESS
14.1 This Clause 14 only applies if you are a business customer.
14.2 We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
14.3 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 section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
14.4 Subject to Clause 14.3, we will under no circumstances whatever 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:
(a) any 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; or
(f) any indirect or consequential loss.
14.5 Subject to Clause 14.3, our total liability to you in respect of all 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 110% of the price of the Products that are the subject of the Contract.
14.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings 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.
15. OUR LIABILITY IF YOU ARE A CONSUMER
15.1 This Clause 15 only applies if you are a Consumer.
15.2 What we are responsible for: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.3 For domestic use only: We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 What we do not exclude liability for: We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 No liability: Subject to Clause 14.3 or Clause 15.4 (as applicable), 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 below in Clause 16.2.
16.2 What is an “Event Outside Our Control”: 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.
16.3 What happens: If an Event Outside Our Control takes place that 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 is over.
16.4 Cancelling the Contract: You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any Products you have already received and we will refund the price you have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include email.
17.2 If you are a Consumer you may contact us as described in Clause 1.2.
17.3 If you are a business:
(a) Any notice given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
(b) A notice shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by email, one working day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
(d) The provisions of this Clause 17 shall not apply to the service of any proceedings or other documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1 Us transferring a Contract: 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.
18.2 You transferring a Contract: You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a Consumer and you have purchased any of the Products as a gift, you may transfer the benefit of our warranty in Clause 13 to the recipient of the gift without needing to ask our consent.
18.3 Contract between us and you only: This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a Consumer, the recipient the Products (as a gift) will have the benefit of our warranty at Clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
18.4 Separate terms: Each of the provisions 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.
18.5 No waiver of rights: 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.
18.6 English law: These Terms and any dispute or claim arising out of or in connection with them (including without limitation non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
18.7 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 18.7 shall not apply if you are not a Consumer.
18.8 Jurisdiction (if you are not a Consumer): If you are not a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. This Clause 18.8 shall not apply if you are a Consumer.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: The Hatchbag Company Limited, a company registered in England and Wales under company number 09287281 and with our registered office at Unti 1, Turbine Park, Campbeltown Road, Birkenhead, Wirral, CH41 9HP.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),