Terms and Conditions of Sale

Placing the Order

1. Our Website
   1. When placing an order, you will be required to give your express agreement to these terms and conditions before you confirm an order on our website.
   2. The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
2. Accepting the order
   1. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out below.
3. Ordering via the website
   The following steps must be taken:
   1. add the products you wish to purchase to your shopping cart
   2. proceed to the checkout and enter your address
   3. you must select your preferred method of delivery (see note below re custom-delivery)
   4. You must agree to the terms and conditions, and then confirm the order, with an obligation to pay
4. If postage-amount is not yet known
   1. If we are unable to give you a fixed delivery-quote, we have not yet accepted your order.
   2. We will instead contact you with a price and ask you to accept or reject.
   3. If you choose to accept the delivery-quote, this will then confirm the order, and create an obligation to pay.
5. Back Orders:
   1. Orders or part orders available from stock will be sent immediately.
   2. Items not available will be placed on back order and sent when in stock. You will be contacted regarding any such changes to your order.
   3. Customers will only pay one postage charge.
6. Please contact us immediately if you wish to make any changes to your order.

Website Products and Prices

1. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
2. Our prices are quoted on our website.
   1. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
   2. We will attempt to calculate whether VAT is applicable based on your delivery address, but do not guarantee that this method will be accurate.
      1. We reserve the right to alter the order-total if the VAT was accidentally omitted.
   3. All amounts stated on the site clearly state whether they are inclusive or exclusive of VAT at the prevailing rate [20.0% as of November 2016].
3. Multi-currency
   1. Our current website clearly states that order values are currently quoted and calculated in GBP (UK Pounds Sterling)
      1. Prices in additional currencies are clearly highlighted on the website as “guide-prices only”
   2. Future versions of our website will allow orders to be quoted directly in currencies other than GBP
   3. The website text and order confirmations will clearly indicate the amount and currency of any amounts that are due.
4. It is possible that prices on the website may occasionally be incorrectly listed.
   1. We will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force (giving you an option to cancel if the error is such that the overall order-price increases).
5. In addition to the price of the product, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

Payment for Orders

1. In most cases, payment is handled directly via our website via credit/debit card.
   1. You will be transferred to our payment-service provider's website, and our payment service provider will authorise the appropriate value from your card.
   2. The amount will be deducted from your card immediately.
   3. We will contact you if we are unable to supply the items promptly.
2. Alternative payment
   1. We also accept other payment-methods (such as bank-transfer)
   2. Sometimes certain banks may consider a high-value transaction from your card as “unusual” and not allow the transaction to be place.
   3. Please contact our mailorder department if you have any problems/questions.
3. Failure / delays in payment
   1. Please note that we will not despatch any items until full payment has been received.
      1. Any “delivery timescales” do not begin until such payment is confirmed.
4. If you fail to pay to us within 30 days, then we may cancel the order (and return any “partial-payment(s)”).

Cancellation rights

1. This section applies if and only if you contract with us as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
2. This is also commonly referred to as your rights under the “2014 consumer contracts” regulations.
3. See “legal rights” below for more details.

Other types of order cancellation

1. We may cancel a contract immediately, by giving you written notice of termination, if
   1. either: you fail to pay, on time and in full, any amount due to us under that contract.
   2. or: you commit any breach of that contract.
2. You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
3. If you are a business customer, we may also cancel an order under certain conditions (see legal-details below)
4. We may cancel a contract by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control
   1. Examples include: any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
5. Consequences of order cancellation by us
   If a contract is cancelled by us in accordance with these terms:
   1. we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
   2. you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

Delivery Policy

1. Geographical limitations
   1. We will usually be able to deliver to any country in the world.
   2. We may from time to time restrict to delivery to certain countries and territories.
2. Delivery methods and periods:
   1. Depending on both location and the list of products ordered, you may be automatically quoted for the delivery methods available.
      1. If your delivery address is in the United Kingdom:
         The typical period for delivery of products by this method is within 1 – 5 business days.
      2. Outside the United Kingdom:
         The typical period for delivery of products is within 2 – 10 business days, depending on your location.
   2. You can request an alternative service where possible (or discuss with our mailorder department).
   3. In a few situations/destinations, our website will be unable to calculate postage automatically. For these orders, our mailorder department will be able to discuss the possible methods, before you commit to placing the order.
   4. The delivery periods set above are indicative only. Whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
3. Delivery charges
   1. Applicable delivery charges will depend upon the delivery method selected, the location of the delivery address, and the size and weight of the products in your order.
   2. We also offer free standard delivery to all UK addresses on all orders above a set value.
4. Delivery tracking
   1. Tracking is available on certain orders and delivery methods. Tracking details will be supplied by email where applicable.
5. Delivery problems
   1. If you experience any problems with a delivery (or it has not arrived within the timescales listed above) please contact us as soon as possible.
   2. If our delivery service provider is unable to deliver your products, we may agree to arrange for re-delivery of the products.
   3. If such a delivery-failure is your fault, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
      Examples of such situations include:
      1. The address provided for delivery was wrong or contained mistakes
      2. The address for delivery is not reasonably/safely accessible
      3. There is no person available (if a signed-for or in-person receipt is required) at the address for delivery to accept delivery and provide a signature.

Returns Policy

1. You will be entitled to return a product to us and receive a refund in accordance with this policy if
   1. we receive the returned product within 30 days following the date we have confirmed acceptance of the return.
   2. the product is returned unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new.
   3. you comply with the procedure set out in this policy.
2. In all other cases, returns/refunds will only be accepted at the sole discretion of Howarth of London.
3. Returns procedure
   In order to take advantage of your rights under this policy, you must:
   1. Contact us within 14 days after receipt of the goods to obtain written confirmation of return, and then send the product to us with a covering note.
   2. Return the product by courier or signed-for delivery to our address above.
   3. Note: You will be responsible for paying postage costs associated with returns.
4. Exclusions: the following kinds of products cannot be accepted for return under this policy:
   1. DVDs, CDs and other audio or video or audio-visual recordings
   2. newspapers, periodicals, magazines or similar products
   3. any product made/adapted to your specification
   4. gift vouchers.
   5. sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you (e.g. reeds)
   6. goods which are, according to their nature, inseparably mixed with other items.
5. Refunds
   For a product returned in accordance with the procedure above:
   1. We will issue a refund up to a maximum-value of the price you paid to us in respect of any product, less any restocking fee.
   2. We will not refund
      1. the original delivery charges.
      2. any costs you incur in returning the product to us.
   3. We will process the refund due to you as soon as possible and, in any event, within 30 days of receiving your returned product.
6. Improper returns
   If you do not follow the procedure detailed in this policy, we reserve the right:
   1. not to issue a refund or exchange the product.
   2. to retain the non-refunded product until any payment is received to cover any re-delivery of the item back to you (if this is your wish).
   3. to destroy, re-use or otherwise dispose of the returned product if we do not receive such payment within 14 days of us notifying you.

General Legal Terms + Definitions:

Glossary of Terms

• The singular term “product” also applies to “multiple products” that are part of the same order / delivery / return.
• "we" means Howarth of London Ltd
• "you" means our customer or prospective customer,
• "us", "our" and "your" should be construed (as relating to “we” or “you”) accordingly

Risk and ownership

1. The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
2. Ownership of a product that you purchase from us will pass to you upon the later of:
   1. delivery of the product.
   2. receipt by us of cleared funds for all amounts due in respect of the product (including delivery charges).
3. Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
4. If you are business customer, then until ownership of a product has passed to you:
   1. you must store the product separately from other goods.
   2. you must ensure that the product is clearly identifiable as belonging to us.

Warranties and representations

1. You warrant and represent to us that:
   1. you are legally capable of entering into binding contracts.
   2. you have full authority, power and capacity to agree to these terms and conditions.
   3. all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading.
   4. you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
2. We warrant to you that:
   1. we have the right to sell the products that you buy.
   2. the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions.
   3. you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions.
   4. the products you buy will correspond to any description published on our website and will be of satisfactory quality.
3. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to the terms below, all other warranties and representations are expressly excluded.

Limitations and exclusions of liability

1. Nothing in these terms and conditions will:
   1. limit or exclude any liability for death or personal injury resulting from negligence.
   2. limit or exclude any liability for fraud or fraudulent misrepresentation.
   3. limit any liabilities in any way that is not permitted under applicable law.
   4. exclude any liabilities that may not be excluded under applicable law.
2. If you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
3. The limitations and exclusions of liability set out in this document govern all liabilities arising or relating to the subject matter, except to the extent expressly provided otherwise in these terms and conditions.
4. We will not be liable to you
   1. in respect of any losses arising out of any event or events beyond our reasonable control.
   2. in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
   3. in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this section shall not apply.
5. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity.
6. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
   1. This will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.

Cancellation rights due to Business Changes

1. If you are a business customer, we may also cancel a contract under these terms and conditions by written notice to you if:
   1. you cease to trade.
   2. you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you.
   3. a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court.
   4. the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums.
   5. any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

Consumer-Contracts cancellation rights

1. You may withdraw/cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time from the submission of your order up to 14 days after the day on which the products come into your physical possession.
2. In order to withdraw/cancel a contract on the basis described you must inform us of your decision.
   1. Once we agree your cancellation, we will confirm in writing.
   2. You must comply with your obligations referred to in the “returns and refund” policy without undue delay.
   3. You must pay the direct cost of returning the products.
3. If you cancel an order in accordance with this section, you will receive a refund of the amount you paid to us in respect of the product ordered.
4. If the value of the product returned by you is diminished by any amount as a result of handling of those products by you (beyond what is necessary to establish the nature, characteristics and functioning), we may recover that amount from you up to the contract price.
5. You will not have any right to such a cancellation for improper returns (as per the returns policy above).

Agreement Summary

1. These terms and conditions shall not
   1. constitute or effect any assignment or licence of any intellectual property rights.
   2. govern the licensing of works (including software and literary works) comprised or stored in products.
   3. govern the provision of any services by us or any third party in relation to the products (other than delivery services).
2. Variation
   1. We may revise these terms and conditions from time to time by publishing a new version on our website.
   2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
3. Assignment
   1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
   2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
4. No waivers
   1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
   2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
5. Severability
   1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
   2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
6. Third party rights
   1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
   2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
7. Entire agreement
   1. These terms and conditions, (including our delivery, returns, and order policies), shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
8. Law and jurisdiction
   1. These terms and conditions shall be governed by and construed in accordance with English law.
   2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
9. Statutory and regulatory disclosures
   1. We will not file a copy of these terms and conditions specifically in relation to each user or customer.
   2. If/when we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
   3. These terms and conditions are available in the English language only.