(For sales other than online sales, please refer to: Hodgson Sealants- Terms and Conditions of Sale)
This Agreement (together with any documents referred to therein) sets out the terms and conditions relating to your use of our website hodgsonsealants.com (Site). Please read these terms and conditions carefully as they contain important information about your rights and obligations when using our Site. You should understand that by using the Site, you agree to be bound by these terms and conditions.
We are Hodgson Sealants Limited company registered in England and Wales (company number 5338229) and our registered office address is at Belprin Road, Beverley, East Yorkshire HU17 0LN.
This Site is wholly owned and operated by Hodgson Sealants Limited (company number 5338229). All rights pertaining to this Site, including copyright, are owned by Hodgson Sealants Limited. Users may not modify or post anything on this website, nor store or copy any part of it.
By placing an order through our Site, you warrant that:
1.1.1. You are legally capable of entering into binding contracts; and
1.1.2. All of the information provided by you in your booking is true and accurate; and
1.1.3. You are at least 18 years old.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to trade with us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted by us (Confirmation). The contract between us (Contract) will only be formed when your order is dispatched.
Please click on the box marked “I Accept” within the payment screen if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use the Site.
Every effort is made that the content of this Site is accurate. However, should errors occur in the description of a product or its pricing we reserve the right to cancel the sale.
Descriptions and images are approximate only, and, for technical reasons, items may vary from the image shown.
We aim to keep our Site as up-to-date as possible. However, there may be times when product pricing / description / availability do not correspond with the current status.
You should print a copy of these terms and conditions for future reference.
1.1 We will do our best to ensure that the products on offer on our Site are available. However, all our products offered for sale are subject to availability. If an item is out of stock we will contact you to offer a suitable replacement or refund. We reserve the right to cancel an order, and reimburse you for any payments made.
1.2 All items listed on our Site are subject to availability in the same manner as standard purchases. In the event of an item being unavailable we will contact you to offer a suitable alternative, if appropriate.
2.1 Prices on our Site are inclusive of VAT and are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
2.2 You undertake to us that the details you give to us while making a booking are correct and in particular that the credit or debit card you are using is your own and that there are sufficient funds to fully cover the cost of the booking.
2.3 All payments will be processed on receipt of order.
2.4 Payment for all orders must be made by credit or debit card, via Pay Point (paypoint.net). We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. If we have reason to suspect that your details have been obtained fraudulently from us, we will endeavour to let you know as soon as we can. We regret we cannot process orders where we have been unable to obtain authorisation for payment.
2.5 Delivery charges apply except where stated otherwise. For all standard purchases we will endeavour to arrange delivery within 10 working days. However we will accept not responsibility for any delays in delivery. We can deliver to mainland UK only. We do not deliver to Northern Ireland, Republic of Ireland, Offshore Islands or the Channel Islands.
2.6 Your purchases will be delivered by a courier or haulier service. Please specify a delivery address where somebody is likely to be in to take receipt of your parcel(s). This is obviously of particular importance where you are expecting a delivery which is time critical.
2.7. If you fail to take or accept delivery of the goods within 3 working days of being notified that they are available then except where such failure or delay is caused by a Force Majeure event or failure to comply with our obligations:-
2.7.1 delivery of the goods shall be deemed to have been completed at 9.00am on the 3rd working day after notification of their availability; and
2.7..2 we reserve the right to store the goods until delivery takes place and charge you for all related costs and expenses (including insurance).
2.8 If we fail to deliver the goods our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality less the price of the goods. We shall have no liability for any failure to deliver the goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions.
3.1 The goods will be at your risk from the time of delivery.
3.2 Ownership of the goods will only pass to you when we receive full payment of all sums due including delivery charges.
4.1 If you suspect that somebody has gained unauthorised access to your user account details please contact us immediately, so that we can cancel your user account and set up a new one for you. If you suspect that somebody may have wrongfully accessed your payment card details to make a purchase on this site please contact your card provider without delay.
4.2 Your account security is of paramount importance to us, and we will take all reasonable care to ensure that your details are kept secure. However, unless found negligent, we cannot be held liable for any losses incurred if a third party obtains unauthorised access to any data provided by our customers.
4.3 For the avoidance of doubt payment details including credit or debit card are not stored on our Site.
5.1 If you are contracting as a consumer you may cancel the contract at any time within 7 working days (excluding Saturday, Sunday and public holidays) beginning on the day after you received the goods.
5.2 We reserve the right to cancel an order or close an account. Any monies relating to purchases made in connection with them will be refunded in full.
5.3 You have the right to cancel an order prior to dispatch for a full refund. If you change your mind once an item has been dispatched you may return the item for a full refund within seven days of receipt, providing its packaging is
unopened and the goods are unused.
5.4 We ask that you contact us regarding any returns. Return delivery costs are at your expense, unless the item is returned due to being faulty.
5.5 To cancel a contract you must inform us in writing.
6.1 Every effort is made to ensure that goods reach you in good condition. However, on occasion faulty goods may need to be returned for a replacement or a full refund. Please note that we are unable to offer a refund or replacement on items that have been damaged through wrongful or inappropriate use, not following instructions or normal wear and tear. You have 28 days to return faulty items. We ask that you contact us regarding any returns to arrange collection.
6.2 Should goods arrive damaged in transit and the damage is apparent, we ask that you state this on the delivery note when signing for the goods. Please notify us within 48 hours so that we can arrange collection and a replacement or refund.
7.1 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the price of the order placed.
7.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss or corruption of data, information or software
(f) loss of goodwill
(g) loss of business opportunity or
(h) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 7.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this clause 7.3.
7.4 Although we do our best to ensure that the Site is secure, the internet is widely accessed from many countries and therefore we do not make any warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
8.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. Notwithstanding the above any party wishing to link to our Site may not do so without express prior consent, such consent not to be unreasonably withheld.
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be wholly or mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.2 We will not tolerate language that is unlawful or may be considered threatening, harassing, abusive, obscene or defamatory, either in verbal or written form (e.g. emails and letters).
11.1 Notices given by you to us must be given to Hodgson Sealants Limited at Belprin Road, Beverley, East Yorkshire HU17 0LN, email email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Site, 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.
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13.1 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 events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission, accident or other circumstance(s) beyond our reasonable control and includes in particular (but without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private communications networks including, but not limited to, the internet.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
If any of the clauses or sub-clauses of these terms and conditions, or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such clause, sub-clause, term, condition or provision will to that extent be severed from the remaining clauses, sub-clauses, terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you place your order with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously made by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Confirmation).
17.1 These terms and conditions are 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.
18.1 Contracts entered into through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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