HUDSON WIGHT LIMITED – TERMS AND CONDITIONS

ABOUT US

Hudson Wight Limited (a company registered in England and Wales with company number 05003406) of 62-63 Westborough, Scarborough, North Yorkshire, YO11 1TS (“Hudson Wight", “we", “our" or “us") is the operator of the website at www.hudsonwight.com and www.hudsonwight.co.uk (“the Website"). Our VAT number is 829 5448 90.

This page, together with our Privacy Policy, sets out the legal terms and conditions (“Terms") on which we sell any of the products listed on the Website (“Products") to you and under which we give you access to the Website.

We reserve the right to alter or update these Terms at any time, so please read these Terms carefully and make sure that you understand them before ordering any Products from the Website. The version of these Terms which is displayed on the Website on the date that an order is placed will apply to that order.

PRODUCTS & PRICES

Specifications of our Products which appear on this Website are intended only to give a general description and indication of the Products. Actual colours, sizes, weights, capacities and other specifications of Products indicated on the Website may vary from the specifications of the actual Products.

All Products shown on the Website are subject to availability. If we are unable to supply you with a Product, this will be indicated on the Website and we will not process your order. If you have already paid for the Products, we will refund you the full amount.

The prices of the Products will be as quoted on the Website at the date of your order as confirmed by us, inclusive of VAT (save only in the case of manifest error). All prices are quoted in UK Pounds Sterling and must be paid in full. The price of a Product does not include delivery charges, which shall (if applicable) be payable in addition to the price at the rate as quoted on the Website at the date of your order.

PAYMENT METHODS

We use PayPal as our primary payment method. You may pay via PayPal using those bank transfer, card or other payment methods accepted by PayPal. You will be redirected to the PayPal website to make payment and then returned back to our Website upon completion of your payment. We cannot guarantee that any messages transmitted over the internet, including those that include credit card details, will not be corrupted or intercepted by a third party. For information regarding the security of the transaction, please refer to PayPal's Terms and Conditions (including the User Agreement for PayPal Service).

Payment for the Products and all applicable delivery charges is to be made by you in advance. We will not charge your PayPal account until we dispatch your order.

Alternatively, we may accept payment via bank transfer. If you wish to pay via bank transfer you must contact us by emailing customerservices@hudsonwight.com, and we must confirm acceptance of this payment method before its use.

For up-to-date details of payment methods, please refer to the 'Payment Options' page of our Website at www.hudsonwight.com/payment.

AFFILIATE SCHEME

Hudson Wight operates an Affiliate Scheme. You may be able to secure a discount using a Unique Affiliate Member's Code (“Affiliate Code") obtained through a Hudson Wight Affiliate. Please be aware that Affiliates, by advertising our Products or offering you an Affiliate Code, do not endorse our Products and have no liability in connection with purchases made through the Affiliate Scheme. These Terms are unaffected by your use of a valid Affiliate Code.

ORDER PROCESS

We will treat each order for a Product, confirmed when you click on the “Proceed" button on the final checkout screen, as an offer by you to purchase the Products (and related services, such as delivery) subject to these Terms. We may reject or counter any offer to purchase the Products and services for any reason prior to despatch of the Products. You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of the Product set out in your order.

We shall confirm each order by email (“Order Confirmation Email") but you are advised to make a print-out of the order confirmation screen before closing the webpage. If we choose to accept your offer to purchase the Products, our Order Confirmation Email shall be our acceptance of the contract made between us on the basis of these Terms (“the Contract"). In the event that we make a counter-offer to you, your written confirmation shall be your acceptance of the Contract between us.

CANCELLATIONS

If you are a consumer, you have a legal right to cancel the Contract in the event that you change your mind (for any reason) about keeping the Products you ordered. By law, you have seven (7) working days to cancel the Contract for your order with us and obtain a full refund. However, our policy is to allow you fourteen (14) days to cancel the Contract for your order with us and we will issue you with a full refund (including any applicable delivery charges you paid for when you placed your order). The 14 working days starts from the day after you receive your order but you can also cancel the order at any time before you receive your order.

Cancellation of orders will only be accepted if an email (sent to returns@hudsonwight.com) or written notice (sent to our returns address at Unit 6, Marina Walk, Cowes, Isle of Wight, PO31 7XJ) is received by us within the 14 day period. The email or written notice must contain your order number, name and address. We will confirm any cancellation by email and will repay you within 30 days from the receipt of your cancellation without any further charge to you.

Where the Contract is cancelled, you must return the Products to us immediately and in the unmarked and unused condition in which you received them. If you have already received your order, you will need to return all of the Products you are cancelling.

RETURNS AND REFUNDS

Separately from your right to cancel the Contract, if your item is faulty or defective upon receipt, we will offer a full refund within twenty-eight (28) days (starting from the day you receive your order). We will refund the price of a defective Product in full (at the price you paid for your item, plus any applicable delivery charges).

If you return a Product, it remains your responsibility until it reaches our warehouse, so please make sure it is packaged properly and can't get damaged on the way. We try hard to accept all returns, and returns to us don't need to be in the original packaging. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.

As soon as your return has been received and checked by our warehouse, we'll email you to let you know. In the unlikely event that you haven't received an email within ten (10) days of returning your items, please contact customerservices@hudsonwight.com.

For deliveries made within the mainland United Kingdom, we will deliver the Product with a free returns label. As such, you are not expected to meet the postage cost of returning the Product. However, if you are not willing to return the Product in the manner that we suggest (using the free returns label), we reserve the right to deduct from your refund the costs that we incur in recovering the Product from you.

Our returns address is Unit 6, Marina Walk, Cowes, Isle of Wight, PO31 7XJ.

For up-to-date details of return options and procedures, please refer to the 'Returns & Exchanges' page of our Website at www.hudsonwight.com/returns and the 'How to return a product' page at www.hudsonwight.com/returns.

DELIVERY

We will always use our best efforts to fulfil your order within the times specified on our Website and if for any reason we foresee any delays, we will contact you by email with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us when you placed your order. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges, and once the Products have arrived with you.

Depending upon the value and contents of your order we reserve the right to choose an appropriate delivery method. This may change from time to time.

For deliveries outside the UK, please note that we cannot be held responsible for any local import duties or taxes that may be charged at the point of entry. Any such duties or taxes must be paid by you to the Customs & Excise authority of the relevant country or countries before the goods are released for delivery.

If you would like items sent to more than one address, please complete a separate order for each address. Please note that a separate delivery charge will be made for each address.

Items are dispatched from Monday to Friday and delivered within the working hours of the destination country. Please note that all delivery times are subject to product availability and PayPal authorisation.

Some orders may require a signature on delivery. If for any reason an item cannot be delivered, the delivery company will leave a card at the delivery address and the package will be returned to the local depot for collection or redelivery. We will not be held responsible for deliveries that cannot be delivered for reasons outside of our control. You will be responsible for any additional delivery charges levied by the delivery company resulting from failed deliveries.

We appreciate that you may not always be at home to receive a package and therefore offer the choice of delivery to an address other than the address which is registered to your PayPal account, payment card or bank account. (Please see the 'Delivery Address' option when processing your order through the Website). Please note that once your order has been shipped, the delivery address cannot be changed.

We strive to process and dispatch all delivery orders within one working day. During periods of high demand, delays can occur. Please be assured that we will dispatch your items as soon possible and will notify you of a significant delay beyond the times indicated.

Please also note that in the unlikely event of strike action by our chosen delivery company, we cannot be held responsible for delays to your delivery. We will do our best to send goods by other means where possible.

For up-to-date details of delivery options, charges and estimated delivery times, please refer to the 'Delivery Options' page of our Website at www.hudsonwight.com/delivery.

GUARANTEES AND WARRANTIES

Hudson Wight provides a warranty that on delivery and for a period of two (2) years from delivery, the Products shall be free from performance failure due to manufacturing defects. This warranty does not apply to any defect in the Products arising from:

fair wear and tear with regards to the nature and use of the products;

wilful damage, inappropriate storage or working conditions, accident, negligence by you or by any third party;

if you fail to operate or use the Products in accordance with the user instructions; or

any alteration or repair by you or by a third party who is not one of our authorised repairers.

After two years, we will consider each complaint about manufacturing defects on a case by case basis (at our absolute discretion).

YOUR USE OF OUR WEBSITE

The materials on the Website, including any documents, files, text and graphics (“Website Content") are protected by copyright and trade mark laws worldwide and all intellectual property rights in the Website Content are the property of Hudson Wight Limited or a third party associated with us. All such rights are reserved. “HUDSON WIGHT" and other proprietary marks are trade marks of Hudson Wight Limited.

Whilst every effort is made to ensure the accuracy of the Website Content, it is provided for information purposes only, without any representation or endorsements made and without warranty of any kind whether express or implied, and it does not constitute professional or legal advice about the Products or otherwise. The information included on the Website has been included in good faith and is intended only for your general information. You are responsible for checking the accuracy of relevant facts and opinions given on the Website before entering into any commitment based upon them.

We do not warrant that the operation of this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or represent the full functionality, accuracy, and reliability of the Website Content. In no event will we be liable for any loss or damage including, without limitation, loss of profits, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use, or loss of use of, data, arising out of, or in connection with, the use of this Website.

Your access to this Webite may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

If you are provided with a username and/or password or any other piece of information as part of our registration procedures (including to access and/or store information in any other part of our Website), you must treat such information as confidential and in particular must not disclose it to any third party. We are not responsible for any liability you may suffer as a result.

We encourage you to establish hypertext links to the Website. We are not responsible for the contents or reliability of any site to which it is linked and we do not necessarily endorse the views expressed within them. Linking to or from this Website should not be taken as endorsement of any kind. We cannot guarantee that links will work all of the time and we have no control over the availability of the linked pages.

OUR LIABILITY

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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We are not liable to you for any consequential loss (including without limitation) financial loss such as loss of profit, or otherwise, which you may incur for whatever reason, as a consequence of our failure to comply with these terms and conditions.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

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); or

defective products under the Consumer Protection Act 1987.

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 (which means any act or event beyond our reasonable control, including without limitation strikes or other industrial action by third parties, civil commotion, terrorist attack, war, fire, explosion, natural disaster, 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). If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and 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.

GENERAL

Any Contract made pursuant to these Terms is made between you and us. No other person shall have any rights to enforce any of its terms. 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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

Each of the paragraphs 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.

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.

We intend to rely upon these Terms and any document expressly referred to in them (including emails) in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

If you have any general enquiries about these Terms, please contact us by email at enquiries@hudsonwight.com or write to us at 62-63 Westbourough, Scarborough, North Yorkshire, YO11 1TS.

These Terms (and any Contract made pursuant to them) and any dispute or claim arising out of or in connection with these Terms or any Contract will be governed by English law. The courts of England and Wales will have exclusive jurisdiction over any dispute which arises in connection with these Terms or any Contract.

These Terms were last updated in Feb 2016.