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 our site. Your use of our site signifies your acceptance of the Terms. We reserve the right at our absolute discretion to amend the Terms, the amended version of which will appear on our site. Your continued use of our site signifies your acceptance to the Terms from time to time. Please check these Terms to ensure you understand the terms which will apply at the time that you order the Products.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any contract between us incorporating them (Contract), are only in the English language.
1. Information about us
1. We operate our site www.haardvark.co.uk We are Haardvark, part of the 2am Creative Ltd family, a company registered in England and Wales under company number 3964511 and with our registered office at The Loft, Mill Farm, Fleetwood Road, Wesham, PR4 3HD. Our main trading address is The Loft, Mill Farm, Fleetwood Road, Wesham, PR4 3HD.
2. To contact us, please see our contact page.
2. Our Products
1. The images of the Products on our site 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. Products made of natural materials such as wood and stone will contain natural variations.
2. Although we have made every effort to be as accurate as possible Products may not exactly match all sizes, weights, capacities, dimensions and measurements indicated on our site.
3. The packaging of the Products may vary from that shown on images on our site.
4. All Products shown on our site are subject to availability. We will inform you by e-mail if the Product you have ordered is not available.
3. Use of our site
4. How we use your personal information
5. If you are a consumer (This clause only applies if you are a consumer)
1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
3. As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
6. If you are a business customer (This clause only applies if you are a business)
1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. How the contract is formed between you and us
1. 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 page of the order process.
2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
3. We will confirm our acceptance to you by sending you an e-mail that confirms the details of the order, the amount paid, any right you have to cancel your order (as described in clause 9) and estimated delivery time (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the relevant amount as soon as possible.
8. Manufacturer guarantees
1. Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. To make use of the guarantee you may be required to deal directly with the manufacturer.
2. If you are a consumer, a manufacturer’s guarantee is in addition to 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.
9. Our warranty for the Products
1. For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 28 days from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 9.2.
2. The warranty in clause 9.1 does not apply to any defect in the Products arising from:
- 1. fair wear and tear;
- 2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- 3. if you fail to operate or use the Products in accordance with the user instructions;
- 4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- 5. any specification provided by you.
3. If you are a consumer, this warranty is in addition to 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.
4. If you wish to exercise your rights under this warranty the please see our Returns policy.
10. Our liability if you are a business (This clause only applies if you are a business customer)
1. Nothing in these Terms limit or exclude our liability for:
- 1. death or personal injury caused by our negligence;
- 2. fraud or fraudulent misrepresentation;
- 3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 4. defective products under the Consumer Protection Act 1987.
- 1. any loss of profits, sales, business, or revenue;
- 2. loss or corruption of data, information or software;
- 3. loss of business opportunity;
- 4. loss of anticipated savings;
- 5. loss of goodwill; or
- 6. any indirect or consequential loss.
3. Subject to clause 10.1 and clause 10.2, our total liability to you in respect of all other 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 the price of the Products.
4. 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.
11. Our liability if you are a consumer (This clause only applies if you are a consumer)
1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not direct, is purely economic in nature or is not foreseeable. If there are special circumstances applicable to your order you should specify them in writing with your order and we will consider their effect in deciding whether and on what terms to accept your order.
2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. Subject to clause 11.4 our liability to you for breach of these Terms or otherwise in relation to an order will not exceed the price of that order unless we agree otherwise in relation to a specific order.
4. We do not in any way exclude or limit our liability for:
- 1. death or personal injury caused by our negligence;
- 2. fraud or fraudulent misrepresentation;
- 3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 4. 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
- 5. defective products under the Consumer Protection Act 1987.
12. Communications between us
1. When we refer, in these Terms, to “in writing”, this will include e-mail.
2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org or by post to Haardvark Ltd, Mill Farm, Fleetwood Road, Wesham, PR4 3HD. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and wish to exercise your right to cancel, please see our cancellation policy for how to do this.
3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Intellectual Property
1. The content of our site and any material that we send to you or that you download from our site are copyright of Haardvark Ltd. Our material also include both word and logo trade marks. You are permitted to download and print material from our site provided that this is for your personal use only. You may not use the material for commercial use. You are not permitted to make copies of, distribute or alter these materials in any way or otherwise use any material on our site.
14. Other important terms
1. 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. We will always notify you in writing or by posting on this webpage if this happens.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. 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.
4. 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.
5. 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.
6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
8. We will not file a copy of the Contract between us.
Last updated: 24 April 2015