Hemming & Wills
Terms and Conditions
This page (together with the documents expressly referred to on it) tells you information about us and the legal Terms and Conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. 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. Please note that by placing an order you will be deemed to have agreed to these Terms.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 30th September 2019. These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website www.hemmingandwills.co.uk. We are Hemming & Wills Limited, a company registered in England and Wales under company number 12175786 and registered office address Accelerate Places, 101 Princess Street, Manchester M1 6DD.
1.2 To contact us, please see our Contact Us page.
2.1 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.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, colours and measurements indicated on our site are approximate only.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order, unless you confirm you wish us to do so if further stock in due within a reasonable time frame.
2.5 You acknowledge that our Products are designed for domestic use only and do not use commercial grade upholstery or other materials.
We only use your personal information in accordance with our Privacy & Cookies Policy. Please take the time to read this, as it includes important information and terms which apply to you.
This clause 4 only applies if you are a consumer and not purchasing our Products in a business capacity.
4.1 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.
This clause 5 only applies if you are purchasing our Products as a business.
5.1 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.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
6.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
6.2 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 stage of the order process.
6.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
6.5 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 as referred to in clause 14.5, 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 full amount as soon as possible.
6.6 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can return the Products to us in accordance with the Returns policy below at Clause 8.
6.7 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
6.8 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Payment Confirmation, which is when the Contract between us is formed. Save where clause 8.3 applies, if the Products have already been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receives the Product unless your Product(s) are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to cancel the contract. Custom made orders are excluded from this unless defective.
8.3 If you have changed your mind and wish to cancel a Contract, please contact us in writing before the expiry of the deadline referred to in clauses 8.2 to tell us clearly that you wish to cancel by sending an e-mail to email@example.com or by sending a letter to our postal address. Alternatively you may wish to use the model cancellation form below, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.4 On cancellation of a Contract, you will receive a full refund of the price you paid for the Products and a full refund of any applicable delivery charges you paid for. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 5-7 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. We will make any refunds due to you as soon as possible and in any event your refund will be made within 14 days of your telling us you have changed your mind and once the Product has been returned.
8.5 If you cancel the Contract after the Products have been delivered to you:
(a) you must return or make the Products available for a collection as soon as reasonably practicable and in any event no later than 14 days after the date of your cancellation. If the Products are being collected this will be from the address to which they were delivered and we will contact you to arrange a suitable time for collection;
(b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
(c) a collection charge will apply which will vary according to the Product. For more information regarding returns and refunds, please refer to our Returns & Refunds page.
8.6 We refund you in the same way in which you made payment for the Product. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.
9.1 Your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. See below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
9.2 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must return them or allow us to collect them from you. You will be responsible for the cost of return or collection which will vary by Product. For more information regarding returns and refunds, please refer to our Returns & Refunds page.
9.3 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and we will arrange for the collection of the Products from you for no additional charge to you.
12.1 Your order will be fulfilled by the estimated delivery timeframe set out on the Product page, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
12.2 Delivery will be completed when we deliver the Products to the address you provide us with. Please note that our delivery and returns policies and costs differ according to whether the delivery address is in the UK mainland (excluding Northern Ireland) or in non-mainland UK or international.
12.3 As soon as a Product is available for delivery, we shall, subject to the separate provisions in clause 13 relating to customers resident in other European Union member states, contact you by telephone or email on the email address or telephone number that you submitted on the order to arrange delivery and/or provide delivery tracking information.
12.4 You must examine the Product on arrival before you sign for the Product to confirm delivery. In the unfortunate event that you receive the wrong item or it arrives damaged, please note this on the delivery partner’s documents, and let both us and the delivery partner know. Please contact us at firstname.lastname@example.org within 48 hours of delivery and please include photos and/or a video of the wrong or damaged item and we’ll be in touch to resolve this for you as a priority.
12.5 You own the Products once we have received payment in full, including all applicable delivery charges.
12.6 Delivery options (such as kerbside, to your door or to a nominated room) will vary by Product and the service selected.
13.1 Our site is intended primarily for use by people resident in the UK. We do, however, also accept orders from individuals resident in other, non-UK, locations, although we do not currently deliver outside of the EU unless by express agreement (please see clause 13.2).
13.2 For deliveries of Products to any non-EU address, the Product can be delivered to your nominated mainland UK freight company. It will be your sole responsibility to arrange transport thereon to your nominated destination and at your sole cost.
13.3 You must arrange for the Product to be examined and signed for on arrival at your nominated mainland UK freight company and for any issues to be reported to us before the Product leaves the UK. We are unable to accept responsibility for any damage that occurs to the Product after it has been accepted and signed for you nominated mainland UK freight company.
13.4 If you order Products from our site outside the UK in accordance with clause 13.2, for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
13.5 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
13.6 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13.7 If we did not deliver the Product to you (i.e. you were responsible for the onward delivery of the product to a non EU address), you will be responsible for returning the Product safely and in good condition. Please contact us to discuss returns.
14.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Payment Confirmation.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4 Product prices exclude delivery costs, which, where applicable, will be added to the total amount due during the order process. To see more on relevant delivery charges for a product, please refer to our Delivery page.
14.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
15.1 You can only pay for Products using a debit card, credit card or an e-gift card. We accept all Mastercard and VISA debit and credit cards and American Express.
15.2 Payment for the Products and all applicable delivery charges is in full at the point of order. Upon receiving your order we carry out a standard pre-authorisation check to ensure there are sufficient funds to fulfil the transaction.
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes..
16.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3, 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 100% of the price of the Products.
16.5 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.
This clause 17 only applies if you are a consumer.
17.1 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.
17.2 We only supply the Products for domestic and private use. Unless otherwise agreed, 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.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession);
(d) any breach of the terms implied by sections 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987.
18.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or 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.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 Whilst we are confident that we will be able to deliver qualifying orders in time for Christmas, if, due to reasons outside of our control, this is not possible we will deliver an alternative piece of furniture of a similar nature for you to use during the interim period. Once your ordered furniture has been delivered we will arrange a collection of the interim piece of furniture (at our cost).
19.1 When we refer, in these Terms, to "in writing", this will include email.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to our postal address (see our Contact Uspage). Alternatively you may wish to use the model cancellation form, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by pre-paid post to our postal address (see our Contact Us page or by sending an e-mail to firstname.lastname@example.org).
19.3 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.
19.4 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20.1 Accessing our Site
(a) We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
(b) You are responsible for making all arrangements necessary for you to have access to our Site.
20.2 Your account and password
(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
20.3 Intellectual property rights
(a) We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. This includes, but is not limited to, the Hemming & Wills name, logo and brand identity. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
(c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(d) Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
(e) You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
20.4 No reliance on information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
20.5 Limitation of our liability in relation to your use of our site
(b) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
(c) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
(d) If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(e) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
(f) We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(g) Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in clause 16 and 17 above.
(a) We do not guarantee that our Site will be secure or free from bugs or viruses.
(b) You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
(c) You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
20.7 Linking to our site
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link to our Site in any website that is not owned by you.
(d) Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
(e) We reserve the right to withdraw linking permission without notice.
(f) If you wish to make any use of content on our Site other than that set out above, please contact email@example.com
20.8 Third party links and resources in our site
(a) Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
(b) We have no control over the contents of those sites or resources.
20.9 Notice and take down
If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately.
When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
21.1 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.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 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.
21.4 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.
21.5 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.
21.6 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. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.7 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.
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