These Terms and Conditions explain your rights and obligations. Please read them carefully. These Terms and Conditions are in addition to any special terms and conditions that apply to your purchase. In the event of any conflict between these Terms and Conditions and any special terms and conditions, the special terms and conditions shall take precedence. You may have other rights granted by law and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.
If you have any complaints about our service or any goods or services you purchase from us please contact Hannahsrockinghorses.co.uk, 35 Tatham Grove, Winstanley, Wigan, WN3 6JT or e-mail Hannah@hannahsrockinghorses.co.uk
PURCHASING FROM US
1.01 Hannahsrockinghorses.co.uk is an online store only; unfortunately do not have a retail toy shop for customers to visit and view products.
1.02 To purchase from us you must be over 18. We do not currently offer shipping outside of the United Kingdom. Hannahsrockinghorses.co.uk reserves the right to decline a sale at all times and under any circumstance.
1.03 By submitting your order you are offering to buy the goods at the price set out in the order and allowing us to use your personal details for the purposes of supplying the goods and contacting you with information about similar products, services or offers. We will not use your details for other purposes without asking your consent and you may ask that your details be removed from our system by writing to the address above.
1.04 We are not obliged to supply the goods until we have confirmed that we have received full, cleared payment and accepted your order. No contract will exist until we have dispatched the goods.
1.05 If you discover you have made a mistake with your order please contact Hannahsrockinghorses.co.uk, 35 Tatham Grove, Winstanley, Wigan, WN3 6JT or e-mail Hannah@hannahsrockinghorses.co.uk immediately otherwise we may be unable to rectify such a mistake, although you still have the right to cancel as described at the bottom of this text.
1.06 Prices are checked regularly. However, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed then please remember that we will still not be under any obligation to supply the goods until we have confirmed that we both have accepted your order. No contract will exist until we have confirmed this.
1.07 All sales and delivery charges made through www.hannahsrockinghorses.co.uk are chargeable using Pound Sterling (£’s). Any currency converter/s accessed via this Web site is intended as a guide to help buyers based abroad. Hannahsrockinghorses.co.uk accepts no responsibility for incorrect information or exchange rates supplied.
DISTANCE SELLING REGULATIONS
1.08 Hannahsrockinghorses.co.uk conforms to the law applying to all B2C transactions over the Internet with the passing of the UK Consumer Protection (Distance) Selling Regulation 2000 SI 2334 ('the Regulations'), which implements the European Directive 97/7/EC on the protection of consumers in respect of distance contracts and came into effect on 31 October 2000.
1.09 The Regulations apply to all ecommerce sale/s of goods or services contracts with consumers and go beyond the Internet to include fax, telephone, television and conventional mail order transactions. To be precise the Regulations apply to "distance communications", which are defined as 'any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties'.
However, they do not apply to contracts relating to the supply of financial services, the sale of land, vending machines and auctions (including eBay). Furthermore, there is only limited application to contracts for the supply of groceries by regular delivery and contracts for the provision of accommodation, transport, catering and leisure services.
1.10 Hannahsrockinghorses.co.uk abides by regulations, which apply only to Business-to-Consumer (B2C) and not Business-to-Business (B2B) distance contracts; in the main this is the introduction of a 'cooling off' period within which consumers are given the right to pull out of a distance contract.
The purpose of this 'cooling off' period is ostensibly to give consumers the opportunity to examine the goods or services in the same way as they would have had they purchased it over the counter in a shop.
1.11 In accordance with regulation 8 customers should be informed that they have the right to pull out of the contract within seven (7) working days from the date after the date of the contract in the case of services or seven (7) working days from the date after the date of the receipt of goods.
1.12 Where the consumer exercises this right within the 'cooling off' period, the contract is avoided altogether: as if the contract had never been made (or in technical jargon void ab initio). The notice must be provided at the latest by the time the goods are delivered or, in the case of services, during the performance of the contract.
1.13 Should customers/consumers cancel the contract within the specified guidelines above they are responsible for the safe return of goods/items with no obligatory cost implications for hannahsrockinghorses.co.uk.
1.14 The 7-day ‘cooling off’ period does not apply once goods are received that are in a suitable condition, match the sales description, and where no written cancellation of a contract has been received by hannahsrockinghorses.co.uk.
1.15 It is important to point out that the 7-day ‘cooling off’ regulation cannot (and should not) be used as a ‘try before you buy’ process. Hannahsrockinghorses.co.uk is under no obligation to accept returns or refund items that are unwanted and in these cases customers should refer to the section ‘Returns Procedure’ where it is explained “Refunds for unwanted items are subject to the subtraction of a 30% handling & administration charge”.
1.16 The consumer must, if he/she wishes to cancel, send the cancellation notice in writing to the location indicated on the website or in these terms & conditions within the 'cooling-off' period.
1.17 Once any sales contract is cancelled the customer will be reimbursed as soon as possible and in any event within thirty (30) days. The refund should include the cost of delivery if the customer was charged for it but not if the order has already been received in part or full.
1.18 The consumer is under a duty to restore goods to the supplier if received and in the mean time to take reasonable care of them. The obligation to return the goods is not on the consumer but if he/she has agreed to do so and does not, the cost of the supplier recovering the goods would fall on the consumer.
1.19 Consumers/customers who use or damage goods will not be allowed to cancel the sale.
1.20 If the customer wishes to cancel a sales contract he/she must return goods at his/her expense. The supplier must also notify the consumer within seven (7) days of when the supplier expects to collect the goods. Where the consumer fails to make the goods available for collection the supplier can recover the cost of recovering the goods.
1.21 Where goods are given in part-exchange and the consumer cancels the contract, the consumer is entitled to recover from the supplier a sum equal to the part-exchange allowance unless 'the part exchanged goods are returned to the consumer in a condition substantially as good as when they were delivered to the supplier' before the end of the period of seven (7) days beginning with the date of cancellation.
1.22 As a general rule, the supplier must perform the contract within a maximum of thirty (30) days from the day after the day the consumer sent his order to the supplier, unless of course it was agreed otherwise. Where the supplier is unable to do this, the consumer must be informed and any money paid reimbursed. Such reimbursement must be made by the day after the expiration of the thirty (30) day period. A contract which has not been performed within the thirty (30) days period is treated as if it was never made.
1.23 The Sale of Goods Act 1979 -It might be of interest to note that the Sale of Goods Act 1979 ('the Act') - which primarily governs conventional contracts of sale of goods and services - continues to apply alongside the Regulations. This means that in respect of the question of passing of risk and property in goods in transit from the seller to the buyer the normal rules under section 18 of the Act would be overturned, were the contract to be silent on this question. Under the Act if the contract is silent, as a general rule risk and property pass to the buyer at the time of the contract. However, under the Regulations because of the 'cooling off' period, risk and property remain on the supplier until the expiration of the 'cooling off' period and pass to the consumer only if that period comes to an end without the consumer exercising his cancellation option.
PAYMENT OPTIONS
1.24 Hannahsrockinghorses.co.uk uses external payment service providers of their choosing. Therefore, all handling of personal and payment information is handled by a third-party and we are unable to take responsibility for any loss or misuse of such data.
1.25 Customers should be aware that hannahsrockinghorses.co.uk is never (at any time) in possession of payment, (and more specifically) card details when payments are made online. As an organisation we are informed only whether a transaction is approved or declined.
1.26 As a result it is impossible for hannahsrockinghorses.co.uk to charge multiple times for an online order – this can only occur through customer error, usually as a result of confusion/malfunction of Internet browsers.
1.27 Should any customer make duplicate payments for orders, then wherever possible hannahsrockinghorses.co.uk will refund the duplicate payments as a matter of course. If this action has not taken place then please contact us by any method before notifying a bank or card provider as a chargeback. Duplicate payments are not a fault of Hannahsrockinghorses.co.uk, our website or payment service provider and therefore it is likely bank/card providers will not respond positively to a chargeback request.
1.28 In the unusual case of payment details being given to any representative for manual transaction all details will be destroyed once payment is approved.
DELIVERY/SHIPPING INFO
1.29 We ship all items (using different methods) wherever you are and do not offer a collection service. At present we are regretfully unable to offer shipping to anywhere outside of the United Kingdom.
1.30 We aim to deliver goods to you within the time indicated by us online at any time (usually within 10-working days) but we cannot give an exact delivery date. If we have not delivered the goods within 30 days of ordering then you may cancel the contract and we will refund any monies paid. This condition excludes the supply of bespoke products or services, which will be subject to their own conditions of supply and delivery.
1.31 Any free or reduced delivery offers are based on standard United Kingdom delivery rates. This excludes the Channel Islands, Outer Hebrides, Isles of Scilly, Isle of Man and all overseas territories such as Gibraltar and Belize, for which we cannot offer delivery.
1.32 Hannahsrockinghorses.co.uk uses Parcel Force 'Standard' Parcel Service for both small, large items and orders containing multiple products.
1.33 Apart from exceptionally busy periods, we offer delivery of items within a 10-working day period from point of order but will endeavour to always beat this target. In exceptional circumstances (and when an item is unavailable) customers will be informed within a 72-Hour period from point of order.
1.34 hannahsrockinghorses.co.uk reserves the right to ship product/s directly to customers via suppliers if convenient to both parties.
1.35 All shipment timescales and prices are based on Parcel Force Services, Mon-Fri 08:00-18:00; Saturday deliveries or specific delivery times are not included as standard.
1.36 Shipments to multiple addresses are not possible from a single order and customers should submit separate orders and be subject to separate shipping charges for each address.
1.37 Hannahsrockinghorses.co.uk cannot be held responsible for incorrect billing or shipping addresses being submitted at the time of order. This is a costly and inconvenient mistake for all parties and we would suggest that extra care is taken to ensure delivery addresses (in particular) are correct. Most commonly we experience difficulty when only a house name is submitted when there are actually house/property numbers available; if in doubt submit both.
1.38 Requests to leave parcels in a "Wheelie Bin", "a garden shed" or "In the Dog's House" cannot be taken into account.
1.39 Please be aware that deliveries are made Monday to Friday, 09:00-17:00 when ordering; choose a place of work, neighbours address or friends/family if this is more convenient. The same rule should apply when we are asked to arrange collections.
1.40 When failed deliveries are returned by the third-party delivery organisation to hannahsrockinghorses.co.uk due to incorrect address information provided, a failure to react to delivery cards left by the courier or misplacement of the cards a charge for redelivery to the customer address is obligatory.
SHIPPING RATES
1.41 We now charge a set fee for UK Mainland delivery. and have lowered set fees for Local Deliveries within a 20-mile radius of WN36JT. Fees are applicable to all delivery methods, whether you order £5 or £500 worth of items.
1.42 When proceeding to the checkout customers are obliged to choose a delivery zone that applies to their delivery address, not necessarily the billing address.
UK Mainland – Large items£24.00
UK Mainland - Medium items £22.00
Local Delivery (within 20-mile radius of WN36JT) £10.00
UK Mainland Delivery - Delivery to mainland United Kingdom postcodes, excluding Scottish Highlands for one item.
Local Delivery - Delivery within a 20-mile radius of our premises is charged at £10.00, whether you're spending £5 or £500. Please use the map below to gauge an idea of whether you fall into this category - the majority of the North West area of England is covered within this service.
RETURNS PROCEDURE
1.43 Hannahsrockinghorses.co.uk must be informed (in writing) within 48-hours of arrival of faulty, damaged or missing goods. Following this hannahsrockinghorses.co.uk reserves the right to request photographic information of damaged or unsealed packages and will defer any compensation/refund/solution until done so.
1.44 All packages are checked for contents before shipment and a packaging note checked internally.
1.45 We reserve the right as to whether or not faulty or damaged items are returned to our premises as on occasion the cost for returns may outweigh the value of goods.
1.46 Unwanted items can be returned within 7-days of delivery. However, shipping costs for returns are the customer’s responsibility and Hannah’s rocking horses cannot fund any of the return costs.
1.47 Returned items must be in a perfect condition for a refund to be issued. Refunds are issued by the same method of payment unless outside of a 60-day period, whereby a written cheque will be issued.
1.48 Refunds for unwanted items are subject to the subtraction of a 30% handling & administration charge. Unwanted or unsuitable item/s should be returned in a resalable condition.
1.49 All returns must be sent to the following address: Hannahsrockinghorses.co.uk, 44 Cadogan Drive, Winstanley, Wigan, WN3 6JH.
1.50 Customers are able to contact returns department in writing to the above address or by email:
1.51 Hannahsrockinghorses.co.uk use packaging of the highest quality to ensure that your products are received undamaged. In the result of loss or damage please contact hannahsrockinghorses.co.uk immediately by email: Hannah@hannahsrockinghorses.co.uk or by phone: +44 (0) 7790589190
1.52 If you are a consumer this clause does not affect or limit your statutory rights as a consumer.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
1.53 Hannahsrockinghorses.co.uk retains Copyright on all products, product designs, on-line and off-line images.
1.54 We may not necessarily keep a copy of these Terms and Conditions and your order. We advise you to print a copy of them for your information in the future.
1.55 Any contract between us shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
1.56 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the goods are delivered to you.
1.57 If you choose to cancel then you must return the goods to us at your cost and risk and we advise you to ensure the goods are adequately insured during the return journey. If you have not returned the goods within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the goods from you at your cost. Details of how to exercise this right will be provided.
PRIVACY POLICY
1.58 hannahsrockinghorse.co.uk respects the privacy of every individual that visits this site. Our policy on the collection and use of personal information is outlined below. Hannahsrockinghorses.co.uk only collects and uses personal information for business purposes in order to:
* administrate or otherwise carry out our obligations in relation to any service or product that hannahsrockinghorses.co.uk supply.
* anticipate and resolve problems in relation to any service or product that Hannahsrockinghorses.co.uk supply, create and inform you of products or services that may better meet your needs.
NON-PERSONAL INFORMATION
1.59 hannahsrockinghorses.co.uk may automatically collect non-personal information about you such as the type of Internet browser you use or the Web site from which you linked to this site. You cannot be identified from this information and it is only used to assist us in providing an effective service on this Web site. Hannahsrockinghorses.co.uk may from time to time supply the owners or operators of third party Web sites from which it is possible to link to our site with information relating to the number of users linking to our Web site from such third party Web site. You cannot be identified from this information.
KEEPING OUR RECORDS ACCURATE
1.60 Hannahsrockinghorses.co.uk aims to keep any information held about you as accurate as possible. If you would like to review or change the details you have supplied us with, please contact us by email.
INFORMATION PLACED ON YOUR COMPUTER
1.61 Hannahsrockinghorses.co.uk may store some information (similar to a "cookie") on your computer when you use our site. This information facilitates the efficient use of our Web site.
DISCLAIMER
1.62 Hannahsrockinghorses.co.uk takes all reasonable care to ensure that the information published on this Web site is accurate and up-to-date. However, errors and omissions may occur and the user should not take the accuracy of the information completely for granted but should check directly with hannahsrockinghorses.co.uk. The material contained in this Web site is not to be relied upon as a statement or representation of fact.
1.63 Hannahsrockinghorses.co.uk has no control over the use to which the information may be put by the reader or user and accordingly shall not be liable for any loss of profits or contracts or any indirect or consequential loss or damage arising out of or in connection with the use of such information. The material contained in this Web site is intended to be a guide only. The statutory rights of any individual or organisation dealing with hannahsrockinghorses.co.uk as a consumer or customer shall remain unaffected.
TRANSMITTED MATERIAL
1.64 Any material or information transmitted to or posted to hannahsrockinghorses.co.uk’s Web site by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by hannahsrockinghorses.co.uk for any purpose whatsoever including and not limited to developing, manufacturing and marketing services/products. Do not post or transmit to or from this Web site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability in the territory to which this Web site relates.
HYPERTEXT LINKS
1.65 Linked sites are not under the control of hannahsrockinghhorses.co.uk and hannahsrockinghorses.co.uk is not responsible for the contents of any linked site or any link contained in a linked site. Hannahsrockinghorses.co.uk provides links to the user only as a convenience and the inclusion of any link does not imply any endorsement of the linked site by Hannahsrockinghorses.co.uk.
1.66 Hannahsrockinghorses.co.uk cannot and has not reviewed all the Web sites that may be linked to this Web site and cannot be held responsible or liable for their content. Users link to other Web sites at their own risk and use such Web sites according to the terms and conditions of use of such Web sites.
SECURITY
1.67 hannahsrockinghorses.co.uk has adopted technology and processes to safeguard your privacy from unauthorised access and improper use and will continue to update these measures as new technology becomes available.
THIRD PARTIES
1.68 Hannahsrockinghorses.co.uk cannot be responsible for the privacy policies and practices of other Web sites even if you access those Web sites using links from our Web site; hannahsrockinghorses.co.uk recommends that you check the policy of each site you visit. In addition, if you linked to our Web site from a third party Web site, Hannahsrockinghorses.co.uk cannot be responsible for the privacy policies and practices of the owners or operators or the third party Web site from which you linked to our Web site and recommend that you check the policy of that third party Web site and contact the owner or operator of such Web site if you have any concerns or questions.
DOCUMENTS AND COPYRIGHT
1.69 Permission to use Documents (such as news articles, press releases, and other publications) from this Web site is granted by hannahsrockinghorses.co.uk provided that the Copyright notice below appears in all copies and that both the Copyright notice and this permission notice appear. Use of such Documents from this Web site are for information and non-commercial or personal use only and must not be copied or posted to any computer network or broadcast in any media. Modification of any Document herein is prohibited. Use for any unauthorised purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.70 Documents specified above do not include the design or layout of this Web site. Elements of this Web site are protected by Copyright and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Web site may be copied or retransmitted unless expressly permitted by hannahsrockinghorses.co.uk.
1.71 WWW.HANNAHSROCKINGHORSES.CO.UK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AND/OR ANY SOFTWARE PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
THE ENTIRE RISK ARISING OUT OF THEIR USEAGE, REMAINS SOLELY WITH THE USER. IN NO EVENT SHALL TRADITIONAL TOY STORE.CO.UK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF TRADITIONAL TOY STORE.CO.UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.72 The name of hannahsrockinghorses.co.uk or the hannahsrockinghorses.co.uk logo may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from hannahsrockinghorses.co.uk. 1.73 hannahsrockinghorses.co.uk makes no representations about the suitability of this information for any purpose whatsoever. It is provided 'as is' without express or implied warranty. Photographs and graphics are representative, may be used for illustration purposes only and should not be taken as a true representation of actual products/services.
TRADEMARKS
1.74 Hannahsrockinghorses.co.uk is the registered or unregistered trademark of hannahsrockinghorses.co.uk in the United Kingdom and other countries. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
DATA PROTECTION
1.75 Personal and Business details provided to hannahsrockinghorses.co.uk through this Web site will only be used in accordance with our privacy policy. Please read this carefully before proceeding. By providing your personal details to us, you are consenting to its use in accordance with our privacy policy.
