Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ORDERING PRODUCTS THROUGH THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.

If you do not agree to these terms and conditions, please do not continue to use this site.

Terms and Conditions

Last updated January 2020

Haukeschmidtuk.com is owned and operated by Stirling Sales Agencies Limited (company number 06782627 incorporated in England & Wales) whose registered office is at Holly Berry House, Rough Park, Hamstall Ridware, Staffordshire, WS15 3SQ.

Our address for all communications is The Barn, Holly Berry House, Rough Park, Hamstall Ridware, Staffordshire, WS15 3SQ and the telephone number is 01889 597239; our sales contact email address is sales@haukeschmidtuk.com or the office team is at office@stirlingsalesagencies.co.uk.

General

• These terms are only made in the English language (United Kingdom) and should there be any conflict between these terms and those translated into another language the English language (United Kingdom) version prevails. 
• These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
• We accept no liability (to the fullest extent allowed by law) for the accuracy of information contained on the website, which may contain technical inaccuracies or typographical errors. However, this provision does not affect your statutory rights and remedies.
• We will not be liable to you for any loss or damage caused by us, our employees or our agents in circumstances where: (a)there is no breach of duty of care owed to you by us or by any of our employees or agents; (b)such loss or damage is not a reasonably foreseeable result of any such breach; (c) any increase in loss or damage results from breach by you of any of these terms and conditions; or (d) such loss or damage relates to any business or non-consumer loss or damage including, without limitation lost data, lost profits and business interruptions.
• These terms & conditions contain the whole of our agreement relating to your purchase of product from us, together with our website prices and contact details.  By using our website, placing an order on our website or over the telephone with our office, you are agreeing to be bound by these terms.  If you do not accept these terms and conditions you will not be able to order from us or use our website.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control.
• We supply products for personal use through this website and by using it you agree not to use any products bought through this medium for re-sale purposes.  Should you wish to be considered as a retailer please contact the office.
• You may only order from our website if you are over 18 years of age and are legally capable of entering into a binding contract.
• The normal working week is to be taken as 09:00 to 17:00 Monday to Friday, with the exception of bank holiday days.
• All reasonable measures are taken by us to ensure that our website is operational all day, every day.  However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
• Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
• Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
• All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
• Exclusion of liability – We do not accept liability for any loss or damage that you suffer as a result of using this website, however nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded for under the law in the United Kingdom.
• Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use our website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• These terms apply whether you complete your order via our website or by contacting the office by email or telephone.
• As we rely on our suppliers we are unable to guarantee that all products advertised on our website are available all of the time.
• We do not supply product through website orders outside of the geographic areas listed in the next bullet point.  For delivery outside of the areas please contact us for availability and a quote.
• Supply of website orders is to any location in England, Scotland, Wales, Northern Ireland including the Scottish Highlands & Islands, Isle of Scilly, Isle of Wight, Isle of Man and Channel Islands; USA. 
• Price changes may be made by us at any time.  However any price change made by us between receipt of the money from you and shipment of the order will not be passed onto you.

Product Descriptions and Images

• We endeavour to ensure that all products are described accurately and that the specification and pricing are correct however this information is not binding. 
• Images shown are for illustrative purposes only, we cannot guarantee that the colours shown are an exact representation of the product and the actual product may vary slightly.

Acceptance of Order

• Your order is an offer to buy from us following which you will receive an email acknowledging its receipt.
• However your order for goods is only accepted and a contract formed when we despatch the goods to you and not before. 
• In the event that a product is out of stock we will contact you within 1 working day of receiving your order giving you the option to wait for the stock to be available (with an approximate delivery date) or cancel your order and issue a full refund.

Pricing of Order

• The price payable for the goods is clearly set out on our website;
• Charges for delivery will be shown as you check out.
• Orders being delivered within the UK up to £89.99 will incur a flat rate delivery charge; all orders being delivered within the UK of £90.00 and over will include free delivery.  We may run promotions at certain times offering free delivery for all orders to the UK.  
• Please contact us for a quote for posting your order to other locations.
• If you require a faster delivery service please contact the office, either by telephone on 01889 597239 or by email, office@stirlingsalesagencies.co.uk to discuss your requirements and the additional cost.
• All prices are quoted in GBP with settlement required in the same currency. 
• All prices include UK VAT at the current rate of 20% unless being sold outside of the UK.
• Our VAT number is 204 6432 40.
• If there has been a mistake in a product price due to circumstances beyond our control, we will notify you of the mistake.  Where there is an under-price you will be given the opportunity to pay the additional monies due or to have a refund.  Where, in any circumstances, there is an over-price we will refund the difference.
• Where we owe you a refund we will credit your debit or credit card as soon as reasonably practical but in any event no later than 5 working days from when we accept that repayment is due.
• We accept all major debit and credit cards through our payment provider Stripe.  Payment is also available via Paypal.  No goods will be despatched until transactions have been authorised and payment received by us. 

Payments and Credit Card Safety

• Haukeschmidtuk.com accepts all major credit cards through our payment providers who do not release information to any outside organisation, other than in the verification of payment details with banking organisations.
• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
• Should you not wish to make use of this facility your payment can be accepted by our office team by ringing 01889 597239 during our normal opening hours who will advise you on the alternative options available to you.
• Any losses sustained by the transmission of personal information by e-mail or Internet links shall be borne exclusively by you. 

Delivery

• Products will normally be despatched within 2 working days however please allow up to 5 working days for delivery. 
• All deliveries will be sent either by Royal Mail First Class Signed for service or by any other carrier appointed by the company. 
• Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
• All orders will require a customer signature on delivery.
• When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
• Signing “Unchecked”, “Not Checked” or similar is not acceptable.
• In the unlikely event that your order does not arrive within 7 working days please contact us either

by telephone on 01889 597239 or by email, sales@haukeschmidtuk.com.

Damaged or Defective Items

• Should you receive a damaged or defective item from us, we will offer you a choice of: a prompt replacement; a full refund; or an alternative item of the same value. However, you must return the damaged or defective product and this must be received by us within 30 days of delivery to you. You will not be charged any additional shipping or handling fees for replacement shipments.
• We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party
• In the event that you consider a product to be defective, please notify us either by phone or email as soon as the defect is noted, we will advise on how to return your goods.  Under no circumstances should goods continue to be used.
• On receipt of your goods, we will examine them and advise if you are entitled to a replacement product or refund.  In the event that a product is confirmed as defective and a refund agreed, we will refund the cost of the product, the original delivery costs and the costs to return the defective product to us.  If a replacement product is agreed, we will refund the cost to return the defective product to us and send out a replacement free of charge.
• Returned goods are to be accompanied by a note showing your name, address, the date of order and the order number, and the reason you believe the product is damaged or defective
• The goods and the note should be forwarded to our Office team at the correspondence address at the top of these terms and conditions.

Cancellation Rights

• All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.
• Please notify us in writing either by email to sales@haukeschmidtuk.com or by post to confirm that you wish to cancel your order within 14 days of receiving the goods.  We will confirm receipt of your notification by email.  If you email us, should you not receive a response within 2 working days please resend your email.
• Please return the goods back to us at our correspondence address as soon as possible following the cancellation of the order and within 14 calendar days of the date of that written cancellation. 
• All products must be returned to us, at your expense, in the unused, unopened condition that they were supplied to you i.e. in the original packaging and all labels intact.
• Returned goods are to be accompanied by a note showing your name, the date of order and the order number, and should be forwarded to our Customer Service Representatives at the address at the top of these terms and conditions.
• If you do not pay for the goods to be returned to us, a deduction will be made from your refund to cover our costs for collecting/accepting the return of the goods. 
• We will process your refund as soon as possible on receipt of your goods and within 14 calendar days refunding the cost of the goods together with the original delivery costs however we will not refund the cost of returning the products to us.

Exchanges

• We are happy to exchange products for an alternative size or colour provided that the item is unused, unmarked and in its original packaging with labels intact within 14 days of purchase.  Please contact us in the first instance to check product availability.  Return postage will be at your own cost.

Your Account With Us

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Haukeschmidtuk.com Privacy Guarantee

• We will not rent or sell your name, address, e-mail address, or personal information to any third party.
• We will use this data solely for the purpose of processing your order.
• If you have purchased from our store, we may occasionally update you on news and special opportunities via email or post.

Intellectual Property

• We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Security of Our Website

• If you violate Our Website we shall take legal action against you.
• You agree that you will not, and will not allow any other person to modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• You agree that you will not download any part of Our Website, without our express written consent
• You agree that you will not collect or use any product listings, descriptions, or prices
• Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
• Any party wishing to link to this website is entitled to do so provided that the following conditions are observed: you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; you do not misrepresent your relationship with this website; and the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
• By linking to this website in breach of the previous clause you shall indemnify us for any loss or damage suffered to this website as a result of such linking.