Website Terms and conditions: sale of goods to consumers
1. Who are we and our contact details
1.1. We are W. Harvey & Sons Limited. We’re a company registered in England and Wales with company number 9155006 whose registered address is at The Coombe, Newlyn, Penzance, Cornwall, UK, TR18 5HF.
1.2. You can get hold of us in any of the following ways:
- by telephoning us on +44 (0) 1736 362734;
- by emailing us at firstname.lastname@example.org; or
- by writing to us at The Coombe, Newlyn, Penzance, Cornwall, UK, TR18 5HF
1.3. In case you need it, our VAT number is 131840202.
2. What do these terms do, and why are they important?
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
- how we will provide you with the goods that you have ordered
- our payment terms and delivery times
- the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
- what you should do if there is a fault with the goods that we have provided to you, and
- how we will use your personal details
as well as other matters.
2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.2. We only sell goods in mainland England, Wales and southern Scotland.
2.3. Separate terms and conditions apply to the use of our website. You can find those terms and conditions at web address for terms and conditions.
3. Your personal information
3.1. For information about how we collect and use your personal information, please see our website privacy notice, which is available at web address for privacy notice.
4. Order Process and the Contract between you and us
4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods to you, which we will usually communicate by email. If we tell you that we cannot provide the goods to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, and we have already received payment from you, then we will promptly refund you for any goods that we cannot provide to you.
5. About the goods
5.1. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
6. Changes to goods
6.1. If you would like to make a change to the goods for which you have already placed an order, please contact us as promptly as you can . We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
6.2. In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be:
- because we need update the goods to implement a change in the law or a regulatory requirement; and/or
- because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods.
6.3. It is possible that, exceptionally, we may need to make a more major change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.
7. Payment details
7.1. The price of the goods will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate, where applicable.
7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our website price list in force at the time of your order. However, if an error has been made and the price in the website price list is lower than the website price, then we will charge you the price on the website price list (being the lower amount). If an error has been made and the price in the website price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 15.1 of these terms and conditions will apply).
7.3. Any costs for delivery of the goods will be the amounts that were set out to you in the order process on our website.
7.4. When you need to pay us depends on whether the goods are one-off or provided on a subscription basis:
- For one-off goods, you must pay for them before we despatch them to you;
- For subscriptions to goods you must pay before we despatch them to you to you;
7.5. We accept payment by credit card, debit card and valid W Harvey & Sons gift vouchers.
8. Delivery and collection of goods
8.1. Before you place your order , on our order pages, we will let you know when we will deliver the goods to you. Delivery and supply times will depend on whether the goods you have ordered are one-off or subscriptions:
- For one-off goods, unless we have agreed another date with you, we will deliver on the date first agreed;
- For subscriptions to goods, we will provide the goods to you during the times as told to you during the order process until the contract is cancelled by you (see section 15 – your rights to cancel) or by us (see section 16 – our rights to cancel) or until we withdraw the goods (see section 1
8.2. We will contact you if we are delayed in delivering the goods to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods that you have paid for but not yet received.
8.3. If no one is available to take delivery of your goods when we try to deliver to you, our couriers will follow the special delivery instructions you left during the order process. Please note we cannot be held liable if no one is available to take delivery and goods have been left un-secure. If our couriers have been unable to make delivery to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 16.2 below will apply.
9.1. If something happens that means we must suspend the supply of the goods to you, for example:
- to make minor technical adjustments or to resolve technical issues;
- to update the goods to implement a change in law or any relevant regulatory requirement,
then we will contact you to let you know.
9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
9.3. If we are going to suspend the supply of a good for more than two weeks then you may contact us to cancel the contract. We will provide you with a refund for the relevant good for which you have made payment, but have not yet received.
10. Responsibility for and ownership of goods
10.1. You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
10.2. You will only own the goods once we have received full payment for them.
11. Your obligations
11.1. We will inform you during the order process of information that we need from you in order to provide you with the goods. We will take this information from you during the order process.
11.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs that we incur as a result.
11.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, or if we do not provide any part of them to you.
12. If there is a fault with the goods
12.1. We hope that you are satisfied with the goods that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
12.2. We must provide goods to you that meet your consumer rights.
12.3. This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
- If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you’re entitled to the following:
- For up to 30 days if your goods are faulty, you can get an immediate refund.
- For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
- For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
12.4. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.
12.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.
13. Our liability if you suffer loss or damage
13.1. If we do not comply with any section of these terms and conditions, or if we do not use reasonable care and skill in providing the goods to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
13.2. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.
13.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
13.4. We only provide goods for private and domestic use. We do not provide them for business or commercial use. If you do use the goods for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
14. Cooling-off period and your right to cancel the contract during it
14.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below. The cancellation rights during the cooling-off period do not apply to any purchases that you have made in our shops.
14.2. When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
14.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 14.4 below. You can calculate the cooling-off period as follows:
- For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
- For goods that have been ordered together but that are delivered to you separately on different days, then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
- For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract.
14.4. If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:
- if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;
- if the goods are of a kind that will deteriorate rapidly.
14.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:
- contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel; or
- filling out the form that is available at the base of this document and submitting it to us, or print off that form and post it to us, in either case using the details set out in section 1.
14.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are goods that are not suitable for return by post then you should contact us promptly to make arrangements for collection, which will be at your cost. Currently our collection fee is charged at cost plus 15%.
14.7. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods as well as any delivery costs that you paid. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
14.8. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. So, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
15. Your rights to cancel the contract
15.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:
- we have informed you that there was an error with the price or the description of the goods when you placed the order, and you now do not wish to proceed based on the correct price or description;
- we have informed you that we need to make a major change to the goods (see section 6.3) and you do not want to proceed with the change;
- there is a significant delay in providing the goods to you, because of circumstances that are not within our control (see section 8.2);
- we have informed you that we need to suspend the supply of goods to you, for any of the reasons set out in section 9.1, for more than two weeks; or
- you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)), then we will provide you with a refund for any goods that you have paid for but we have not yet provided, or we may provide you with a refund for any goods that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.
15.2. If there is a fault with the goods that we have provided to you, please see section 12 of these terms and conditions.
15.3. If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period) or that is due to a fault with the goods (see section 12), then the contract will end immediately and we will provide you with a refund for any goods that you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
15.4. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by posting them back to us, or if they are not suitable for posting, then you must allow us to collect them from you). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 12), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 14, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection, which will be at your cost. Currently our collection fee is charged at cost plus 15%.
16. Our rights to cancel the contract
16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
- you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);
- you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 8.3);
- you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 8.4);
- you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);
16.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.
17. If we stop providing goods
17.1. If the goods with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you as soon as possible before we stop providing them, to let you know. If you have made payment for goods that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.
18.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
18.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
18.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
18.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
18.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
18.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
18.7. In addition, if you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Model cancellation form (Distance Contracts)
The wording on this form is specified by the law. You should therefore only change those parts indicated.
To W. Harvey & Sons Limited, The Coombe, Newlyn, Penzance, Cornwall, UK, TR18 5HF
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate