Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Hollow
Heart, a registered company ( Company registration number 14091700) whose registered office is at 4 Cleeve Drive, Bristol, North
Somerset, with email address Info@hollow-heart.com; (the Supplier or us or we).
These are the terms on which we sell our Goods to you. By ordering any of the goods, you agree to be bound by these
Terms and Conditions. You can only purchase Goods from the Website if you are eligible to enter into a Contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or
profession.
Contract means the legally-binding agreement between you and us for the supply of the goods.
Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in
the Order.
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in
the Order.
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set
out on the Website.
Privacy Policy means the terms which set out how we will deal with confidential and personal information received
from you via the Website.
Website means our website www.hollow-heart.com on which the Goods are advertised.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
Goods
The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any
description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods
supplied.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We
will notify you of these changes.
Personal information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you
expressly agree to this.
Basis of Sale
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order
has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without
delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting
the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order
(Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us
immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order
you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order
Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any
event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 15 working days from its date, unless we expressly withdraw it at an earlier
time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been
entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not
the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate
for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the
Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or
otherwise before delivery of the Goods.
Delivery
We will deliver the Goods, to the requested UK Delivery Location by the time or within the agreed period or, failing any agreement,
without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to
any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant
circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on
time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances
and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the
Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order
for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies)
without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have
been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards
your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by
you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and
without giving us a reason, and without incurring any liability.
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the
carrier indicated by you, acquires physical possession of the last of the Goods.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting
out your decision (eg a letter sent by post or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the
right to cancel before the cancellation period has expired.
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you,
including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of
unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics
and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This
is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue
delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you
have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods
or hand them over to us at 41 Corn Street, Bristol, BS1 1HT without delay and in any event not later than 14
days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send
back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the
Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales
or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the
exclusive use of one or more means of distance communication up to and including the time at which the contract
is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a
consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and
services as its object.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and
the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the
Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with
regard to your personal information. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy
(www.hollow-heart.com/privacy) and cookies policy (www.hollow-heart.com/terms).
For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not
limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: Info@hollow-heart.com.
Liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury
caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i)
loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss
of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because
the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints. - The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in
Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. - We try to avoid any dispute, so we deal with complaints in the following way: “If a dispute occurs customers should
contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.”
Attribution
- These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb
/en).