Please read these terms carefully. These Customer Terms and Conditions cover both the use of our website and the sale of our products to you through the website. Please be aware that the terms which govern the use of our website apply from the moment you enter our website. The terms of sale relating to the purchase of our products apply from the moment you place an order with us.
By clicking “Accept” below you agree to these terms which will bind you.
We recommend that you print a copy of these terms for future reference.
Please note that you shall lose your right to a 14 day cooling off period from the moment at which you wholly or partially damage or open the seal on any product and you shall have no right to change your mind from that moment. Please see clause 8.5 for more information.
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using our contact details below to discuss.
1.3 Your legal rights. These terms are part of a legally binding contract between us. We are under a legal duty to supply products that are in conformity with this contract.
1.4 Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
1.5 We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, any use of our website requires the consent and supervision of a parent or guardian.
2 ABOUT US
2.1 Who we are. Hearthonia® is the trading name of HQBASICS LTD, company registered in England and Wales. Our company registration number is 10196623 and our registered office is at Unit 4, Stirling Court Yard, Stirling Way, Borehamwood, Hertfordshire, WD6 2FX. Our registered VAT number is GB375282869.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookies Notice.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.3 We may make changes to our site. We may update and change our site from time to time; for example, to reflect regulatory changes, changes to our products, our customers’ needs and our business priorities.
3.4 We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
3.6 How you may use material on our site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Should you wish to use pre-authorised content from our site:
3.6.1 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 to content posted on our site.
3.6.2 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.
3.6.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
3.6.4 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.
3.7 We are not responsible for websites we link to. Where our site may contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. Please check the terms and conditions of any third party websites as their documentation shall be separate and independent of these terms.
3.8 User-generated content is not approved by us. This website may include information and materials generated by other users of the site, such as reviews of products. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
3.9 Generating content on our site. Whenever you make use of a feature that allows you to generate content on our site, for example, posting a review of a product, you must not do so:
3.9.1 in any way that invades the privacy of or infringes the intellectual property rights of any other persons.
3.9.2 in any way that breaches any applicable local, national or international law or regulation.
3.9.3 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
3.9.4 for the purpose of harming or attempting to harm minors in any way.
3.9.5 to defame, bully, insult, intimidate or humiliate any person.
3.9.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You promise that any such contribution does comply with these standards, and you will be liable to us and compensate us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
3.10 Our rights in respect of user-generated content. We have the right to remove any posting you make on our site. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
3.11 Rights you are giving us to use content you generate. Any content you generate or upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service.
3.12 We are not responsible for viruses. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
3.13 You must not introduce viruses. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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 reserve the right to report any failure to comply with this clause 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 failure, your right to use our site will cease immediately.
3.14 Rules about linking to our site. 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. 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.
3.15 Our trade marks are registered. “Hearthonia” and “H” (figurative) are trade marks of High Quality Basics UK Limited registered under Trade Marks Act 1994. You are not permitted to use them without our approval, except as set out at section 3.6 above.
4 OUR PRODUCTS AND PRICES
4.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the webpage for the product and/or the order summary page provided to you prior to placing your order with us. We take reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 6.2 for what happens if we discover an error in the price of the product you order.
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and textures accurately, we cannot guarantee that a device’s display of the colours or textures accurately reflects the colour and/or texture of the products. Your product may vary slightly from those images.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.4 Product packaging and materials may contain more and different information to that displayed on our website. We are not the manufacturer of the products and we publish product information on our website after ensuring it is aligned with manufacturer’s specifications and recommendations. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read product labels, warnings, and directions provided with the product before use.
4.5 Minor changes to the products. We may change the product:
4.5.1 to reflect changes in relevant laws and regulatory requirements; or
4.5.2 to implement minor technical or design adjustments and improvements.
These changes will not significantly affect your use of the product.
4.6 Significant changes to the products. We may make significant changes to the product, but if we do so we will notify you. You may then contact us to end the contract before you or someone nominated by you takes delivery of the product, and you may then receive a refund for any products paid for but not received.
4.7 How to tell us about problems. If you have any questions or complaints about our products, please contact us by writing to us at email@example.com.
5 PLACING YOUR ORDER
5.1 Before you place an order.
5.1.1 Registration option. We will ask you whether you want to register for a customer account with us (to save you entering your personal information each time you place an order with us) or check-out your cart as a guest without registration. Both options will require that you provide us with certain information so that we can fulfil your order(s), for example: (1) your contact details; (2) delivery details; and (3) up-to-date payment information. The information which we shall require from you will be stated on the website when you place your order with us.
5.1.2 Shopping cart summary. Please check your shopping cart summary carefully to ensure that it contains full and accurate information for the products that you are ordering, and for all price, payment and delivery information. This includes (without limitation) checking that the ordered products have the correct description and that the price is acceptable. You are responsible for checking that the ordered products meet your particular needs and that you have adequate cleared funds to pay for the products to the amount specified by the timescales agreed.
5.2 Incorrect information. If any of the information you have provided is found to be inaccurate or insufficient for any reason, we will contact you to ask for additional or revised information. If you do not give us this information within a reasonable time of us asking for it, or if you give us further incomplete or incorrect information, we may either end the contract and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.3 What will happen when you place an order. A summary of your order will be shown on the webpage immediately after your order has been placed. Shortly after you have placed an order with us, we will send you an order acknowledgement. The order acknowledgement is purely for information purposes and does not constitute acceptance of your order.
5.4 How we will accept your order. Our acceptance of your order will take place when we email you to accept, at which point a contract will come into existence between you and us.
5.5 Orders for multiple products. If your order is to be dispatched in more than one package, you may receive a separate confirmation email for each package, and each email and corresponding dispatch of products will conclude a separate contract of sale between us for the product(s) specified in that confirmation email.
5.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
5.7 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.8 Changing your order. Please check your order acknowledgment and order confirmation carefully and let us know if there are any issues. It is your responsibility to check the details of an order and let us know if there are any errors. If you wish to make a change to the product(s) you have ordered, please contact us immediately. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may choose to end the contract (see clause 8).
5.9 We only sell to customers in UK. Our website services customers and promotes our products only in mainland England, Wales and Scotland (excluding Channel Islands and Northern Ireland).
6.1 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
6.3 When you must pay and how you must pay. You must pay for the products in full in cleared funds before we dispatch them. We accept payment with most widely used and accepted methods including debit cards, credit cards and PayPal as displayed on the website and updated from time to time.
6.4 Issuance of digital invoice. Invoice will be issued upon receipt of payment to you for each order placed and it will be sent to you by email only.
6.5 What to do if you think an amount or charge is wrong. If you think an amount or charge is wrong, or if you think you have paid an incorrect amount for your order, please contact us promptly to let us know.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website and on your order summary prior to submitting your order to us for processing.
7.2 When we will provide the products. On our product page or during the order process we will let you know the general duration expected to deliver the products to you. Please note that our delivery timescales are estimates only and we do not guarantee exact delivery times. We will deliver your products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless a specific date for delivery has been agreed between you and us on which we have confirmed delivery shall take place.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If no one is at the delivery address when the product is delivered. If no one is available to take delivery at the delivery address provided and the products cannot be posted through your letterbox, we will either (and acceptance by you of these terms shall be classified as you providing us with your consent to): (1) leave the product(s) in a safe location on or at the delivery address specified in your order; (2) deliver the product(s) to an authorised individual receiver on your behalf, which shall, for the avoidance of doubt, include a neighbour; or (3) leave you a note informing you of how to rearrange delivery or collect the products from your closest collection centre that the designated courier service provider may nominate at their discretion and inform you accordingly.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect your products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.6 When you become responsible for the product(s). A product will be your responsibility from the time we deliver the product to you (or someone you nominate) at the address you gave us or to a safe place or to an authorised receiver such as a neighbour.
7.7 When you own product(s). You own a product once we have received payment in full and the product is in your possession.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and address. We may contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1 deal with technical problems or make minor technical changes;
7.9.2 contact you in the event the payment method which you have stipulated for deduction of payments rejects or declines any payment request made by us;
7.9.3 update the product to reflect changes in relevant laws and regulatory requirements; or
7.9.4 make changes to the product as requested by you or notified by us to you.
8 YOUR RIGHTS
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.2 Ending the contract because what you have bought is faulty or misdescribed. If you have any questions or complaints about a product you have received from us, please contact us. In this case, you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back). We are under a legal duty to supply products that are in conformity with the contract between you and us.
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.3.1 to 8.3.4 below, the contract will end immediately and we will refund you in full for any products which have been paid for, but not received. The reasons are:
8.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.3.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.3.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.3.4 you have a legal right to end the contract because we have failed to comply with our legal obligations.
8.4 Ending the contract because you have changed your mind. For most products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund. You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.5 Important – please note that you do not have a right to change your mind in respect of:
8.5.1 products sealed for health protection or hygiene purposes, once these have been wholly or partially unsealed after you receive them;
8.5.2 any products which become mixed inseparably with other items after their delivery.
Due to hygiene and public health and safety reasons, you do not have a right to change your mind from the point the sealed packaging for the product has been wholly or partially unsealed.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us shall be completed when the product is delivered and paid for in full cleared funds. If you want to end the contract before it is completed, please contact us immediately to let us know. The contract will end immediately once you have informed us of your decision to cancel and we will refund any sums paid by you for products not received. Please be aware, however, that we reserve the right to deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract where we are not at fault and there is no right to change your mind.
9 HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract.
9.1.1 To end the contract with us because you have changed your mind within the cooling-off period and the packing for the product(s) remains securely sealed please let us know by doing one of the following:
(a) Email us at firstname.lastname@example.org. Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
(b) Write to us at Hearthonia, HQBASICS LTD, Unit 4, Stirling Court Yard, Stirling Way, Borehamwood, Hertfordshire WD6 2FX. Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
(c) Using the Model Cancellation Form below:
(i) Email. Complete the Model Cancellation Form and email this to the address specified on the form.
(ii) By post. Complete the Model Cancellation Form and post it to us at the address specified in (b) above.
9.1.2 To end the contract for any other reason, please email us at email@example.com. Please provide your order number and a brief description of what you bought, when you ordered it, the delivery date and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us. You must return the products by post to HQBASICS LTD, Mentmore House, Unit 2210, Cray Avenue, Orpington, Kent BR5 3QF. If you are exercising your right to change your mind for a product, you must send off the product within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will refund the costs of return where:
9.3.1 you are returning the products because the products are faulty or misdescribed; or
9.3.2 you are ending the contract because we have told you of an upcoming change to the products or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
You will need to pay for the return in the first instance. We will refund you the cost of returning the product(s) to us as soon as possible on receipt of the product from you.
9.4 When we will not pay the costs of return. We will not pay the costs of return if you are exercising your right to change your mind in respect of any product which you wish to return to us within the cooling-off period under your right to cancel.
9.5 Proof of postage. When returning products to us, we strongly recommend you secure proof of postage or return for your records. We may require you to provide this proof of postage to us in certain circumstances.
9.6 How we will refund you. We will refund you the price you paid for the product(s), including delivery cost as applicable, by the method you used for payment unless otherwise agreed between us.
9.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.7.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7.2 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 3-5 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.
9.8 When your refund will be made. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us in the same condition as it was received, unused and sealed.
10 OUR RIGHTS
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name and address for delivery; or
10.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from courier’s designated collection centre and as may be informed to you by them directly.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11 OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12 IMPORTANT GENERAL TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, products have already been dispatched to your address.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can alternatively bring legal proceedings in respect of the products in the Scottish courts, and if you live in Northern Ireland you can alternatively bring legal proceedings in respect of the products in the Northern Irish courts.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Please contact us if you wish to exercise your rights to commence alternative dispute resolution proceedings.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
Mail to: firstname.lastname@example.org
I hereby give notice that I cancel my contract of sale of the following products:
Ordered on …………………………………………………….
Order number …………………………………………………….
Name of consumer …………………………………………………….
Address of consumer …………………………………………………….…………………………………………………….
Signature of consumer (only if this form is notified on paper) ………………………………………………
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