Hawick Knitwear Limited - Terms and Conditions of Sale and use of this Website
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.
This page states the Terms and Conditions (the "Terms") under which You may use the website located at www.hawickknitwear.com (the "Website") and which govern Our supply of goods to You.
Hawick Knitwear Limited referred to as "We", "Us" or "Our" in these Terms, may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on You. Continued use of the Website constitutes Your agreement to all such revised Terms. If You do not accept the Terms and Conditions stated here, do not use the Website.
The terms "You", "Your", "Yourself" and "Yours", when used in these Terms, includes any user of the Website, whether such user is a consumer or a business.
You place an order for goods as a consumer no contract exists between You and Us for the sale of any goods until You have received confirmation that Your order has been dispatched. Once You receive confirmation that Your order has been dispatched, there is a binding legal contract between the parties (the "Contract"). Any goods on the same order which are not confirmed as having been dispatched do not form part of that Contract.
If you are placing an order in the course of a business ("Business Customer") we may refuse to accept Your order or terminate the Contract for the goods the subject of that order by notice in writing to You and without liability if Your account with us is on Credit Hold, your account has been suspended and/or any of the events set out in clause 14 have occurred. Your account will be deemed on Credit Hold should you exceed your maximum credit limit agreed by Us from time to time. In using this Website and by placing an order, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.
The description and price of the goods You order will be as shown on this Website at the time You submit Your order. You can correct any errors to Your order up to the point at which You click on "Complete Order" on the final page of the ordering process.
Sometimes the product specifications of goods may change, in which case We will offer You a reasonable substitute of the same or better quality at the same price. All sizes and measurements are approximate but We try to make sure that they are as accurate as possible. On the rare occasion that there is an error, We will advise You about it within a reasonable amount of time.
The goods are subject to availability. If on receipt of Your order the goods You have ordered are not available in stock, We will inform You within a reasonable amount of time and You are free to cancel Your order if You wish to do so. If You cancel Your order We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for those goods.
There may be restrictions in place from time to time in relation to the number and type of goods which You may purchase in any one order, as well as a maximum sum of money which may be spent on any one order. Any such restrictions will be advised on this Website.
Every effort is made to ensure that prices shown on this Website are accurate at the time You place Your order. If an error is found, We will inform You within a reasonable amount of time and offer You the option of reconfirming Your order at the correct price or cancelling Your order. If You cancel, We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for the goods.
Save as set out on the Website the price of the goods does not include the cost of delivery. Details of delivery charges are shown on the Website. Where You are dealing as a consumer prices and delivery charges include VAT where applicable. Where appropriate VAT is charged at the rate prevailing at the relevant tax point and will be shown separately on Your invoice/statement.
Prices of goods sold to Business Customers are exclusive of VAT. We shall charge VAT where appropriate at the rate prevailing at the relevant tax point.
Goods and promotions which We offer on the Website may not necessarily be available in store and vice versa. Offers are only available subject to their specific terms and conditions which are shown on the Website.
Payment for the goods and delivery charges can be made by any method shown on the Website at the time You place Your order.
Credit or debit card information is recorded at the point at which You submit Your order, with Your card being authorised against the transaction. However, We will only take payment once Your order is ready to be dispatched and the goods will be dispatched to You within one working day of receipt of payment by Us.
For Business Customers
When dealing as a Business Customer You will need to register for a Customer Login. Failure to sign in to the Website using Your Customer Login will mean that you are treated as a consumer and orders may only be processed on receipt of a credit card and at standard RRP pricing. We will undertake a Companies House search and/or other relevant searches on You We deem appropriate and a credit check prior to issuing any Customer Login details to You. A Customer Login will only be issued if we are satisfied with the result of such searches and checks.
Subject to prior written agreement to the contrary, We shall be entitled to invoice the Customer for the price of the Goods on or at any time after we have notified You that the Goods have been dispatched.
Any price quoted by Us is based upon costs current as at the date of quotation. The price charged to You under the Contract may be changed to take account of costs current at the date of invoice.
You shall make payment in full within thirty days following the date appearing on Our invoice notwithstanding that the delivery may not have taken place and the property in the goods may not have passed to You. Interest at the annual rate of 2% over the base rate of the The Royal Bank of Scotland Plc will be charged at the rate prevailing on the due date on all monies outstanding after the due date until the actual date of payment (both before and after judgment) and any cash discount will not be allowed to You.
The goods You order will be delivered to the address You gave when You placed Your order, subject to payment of the relevant delivery charge. If We do not deliver to a particular destination You will be so notified by Us before You submit Your order or as soon as possible thereafter.
Where You are dealing as a consumer we aim to dispatch all deliveries within 48 hours (Monday - Friday (but excluding Bank or public holidays in England, Scotland and Wales)) or as soon as possible thereafter subject to the goods being in stock.
You will need to sign for the goods at the point of delivery.
If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify You of an alternative delivery date, or a place to collect the goods, or details of how to arrange an alternative delivery date.
Where You are dealing as a consumer every effort will be made to deliver the goods as soon as possible after Your order has been accepted by Us and in any event within 30 days of Your order. However, We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. We will inform You of any delay as soon as possible.
Where You are a Business Customer We will use Our reasonable endeavours to deliver the goods as near as possible to the date for delivery requested by You. However, any date for delivery of the goods is an estimate only and time shall not be of the essence. We shall not be liable for any failure to meet any such estimate, nor for any loss, of whatsoever nature resulting directly or indirectly there from.
If You are a consumer (but not where You are a Business Customer), You have the right to cancel the Contract at any time up to the end of seven working days after You receive the goods. A working day is any day other than weekends and bank or other public holidays.
To exercise Your right of cancellation, You must give written notice to Us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
If You exercise Your right of cancellation after the goods have been delivered to You, You will be responsible for returning the goods to Us at Your own cost (unless We delivered the goods in error or if the goods are damaged or defective when delivered). The goods must be returned to the address shown below. You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once You have notified Us that You are cancelling the Contract, and provided the goods have been received in an acceptable condition, We will refund or credit You within 30 days for any sum that has been paid by You or debited from Your credit card or other account for the goods.
If You are a Business Customer You may not cancel or suspend the Contract in whole or in part without Our prior written consent and if we give Our consent, subject to such terms and conditions as we may notify to You in writing.
If You are a Business Customer We may cancel any Contract with You by notice in writing to You and without any liability if Your account with us is on "Credit Hold", Your account has been suspended and/or any of the events set out in clause 14 have occurred.
Subject to the provisions of clause 5, refunds are at our sole discretion. If You wish to obtain a refund, We will notify You of any refund via email within a reasonable period of time. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase. If We are making a refund to You We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day on which We received notice from You that You wished to obtain a refund.
If You wish to obtain a refund because of a defect in the goods You will be refunded in full, provided that We are satisfied that the defect is genuine and that We cannot replace the goods within a reasonable period of time.
Where You are dealing as a consumer You will become the owner of the goods You ordered and responsible for risk of loss of or damage to them once they have been delivered to You.
Where You are a Business Customer risk in the goods shall pass to You immediately on delivery to You or into custody on Your behalf whichever is the sooner.
Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain in Us until We have received payment of the full price of (a) all goods the subject of the Contract and (b) all other goods supplied by Us to You under any other contract whatsoever.
Until property in and title to the goods passes to You:
Upon termination of Your power to deal with the goods You shall place the goods at Our disposal and We and Our servants and agents are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter upon any of Your premises for the purpose of removing the goods.
If any goods You receive from Us are damaged, defective or incorrect You should notify Us in writing at the address, fax number or email address shown below and We will provide You with a replacement free of charge provided that You return the damaged, defective or incorrect item to Us within a reasonable time. This does not affect Your statutory rights.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by Us, or failure to follow Our instructions.
Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between you and Us; We do not share them with anyone.
If You do not want to accept cookies from Us, Your browser software should allow You to decline to accept cookies. Look, for example, in the Preferences or Internet Options features of Your browser to do this. However, You should know that if you disable acceptance of cookies or modify Your cookies in any manner, You may not be able to access Our Website or specific information, materials and/or services available on Our Website.
All content including pictures, designs, logos, photographs, text written and other materials on this Website are owned, controlled or licensed to Us. They are protected by copyright, trademarks and other intellectual property rights. Unauthorised use of this content is prohibited.
These Terms only cover this Website. Any links within this Website are for convenience only. We accept no responsibility or liability for the content of websites which are not under Our control. You use such other websites at your own risk.
Before using the send to a friend facility, YOU are confirming that your friend is happy to receive e-mails sent from us on your behalf. We will NOT send e-mails to anyone who has previously unregistered from our contact system. We will send e-mails on the basis that YOU have checked your friend is happy to receive an e-mail from you. We will include YOUR e-mail address in the e-mail we send on to your friend. By providing such details you are confirming that the email address provided is valid and that the recipient consents to receive such emails.
The Terms and this clause 13 do not affect Your statutory rights if you are dealing as a consumer when purchasing the goods.
We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us, or Our agents, in a sum which is greater that the total price of the Contract.
We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect and for any other indirect or consequential (including economic) loss of any kind which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us or our agents.
Nothing in these Terms shall operate so as to:
We will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond Our reasonable control.
We do not warrant that the Website will operate error-free nor that the Website and its server are free of computer viruses. If Your use of the Website results in the need for servicing or replacing equipment or data, We are not responsible for those costs.
Save as set out in these Terms, We, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties' rights, and the warranty of fitness for particular purpose.
Without prejudice to any rights and remedies available to Us, We shall be entitled, forthwith on written notice to You either to terminate the Contract wholly or in part and/or any other contract with You or to withhold performance of all or any of its obligations under the Contract and/or any other contract with You (and on the giving of such notice all monies outstanding from You to Us shall become immediately due and payable) if: -
In the event of a suspension of performance We shall be entitled, as a condition of resuming performance, to require pre-payment, or such security as it may require. Insolvency Event means any one or more of (1) a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed; (2) a petition for a winding up or an administration or bankruptcy order being presented, or such an order being made; (3) any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral or all or any indebtedness; (4) suspension of payments to all or any creditors and/or ceasing business; (5) an encumbrancer taking possession of all or any assets of a party; (6) an administrator or receiver being appointed over a party or all or any of its assets; (7) any action anywhere similar or analogous to any of the foregoing; and (8) the other party having reasonable grounds for believing that any of the foregoing is imminent. For the avoidance of doubt if any of the foregoing occur in relation to a partner in any of the parties hereto it shall be deemed to occur in relation to that party.
The construction, validity and performance of these Terms shall be governed in all respects by the laws of England and Wales. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
For the avoidance of doubt nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.
The rights and remedies of each party in respect of these Terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies.
The provisions of these Terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.
This Website is owned and operated by Hawick Knitwear Limited, Registered Office: 21b The Hotspur, Bondgate Without, Alnwick, Northumberland NE66 1PR. Registered in England No. 04071429. VAT number 848 0452 19.
You can contact Us by:
phone: +44 (01450) 363100 Please note that calls may be recorded or monitored for training purposes.
Fax: +44 (01450) 363111
In the unlikely event that You are unhappy with Our goods or with Our service to You, please refer complaints to:
Hawick Knitwear Limited
PO Box 13331