Website Terms and Conditions
These are the terms and conditions (“Terms”) on which the Seller supplies products to you (“Products”). Please read these Terms carefully, and make sure that you understand them, before ordering any Products from the Seller. These Terms tell you who the Seller is, how the Seller will provide Products to you, what to do if there is a problem and other important information.
You should print a copy of these Terms, or save them to your computer, for future reference.
The Seller may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products from the Seller, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 23 April 2018.
You may only purchase Products from this website if you are at least 18 years old.
- Information About the Seller
- The Seller is Camilla Seligman, a sole trader trading as HobbyHorse Art (“the Seller”) whose main trading address is at Foulrice Farm, Marton in the Forest, York, Y061 1NT.
- If you wish to contact the Seller for any reason, including because you have any complaints, you can contact the Seller by writing to the Seller at the above address, by telephoning 07808056924 or by e-mailing email@example.com.
- If the Seller has to contact you or give you notice in writing, the Seller will do so by e-mail or by pre-paid post to the address you provide to the Seller in your order.
- The images of the Products on this website are for illustrative purposes only. Although the Seller has made every effort to display the Products accurately, the Seller cannot guarantee that your device’s display of images of the Products accurately reflects the appearance of the Products. Your Products may vary slightly from those images.
- Although the Seller has made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on this website have a 5% tolerance.
- The packaging of the Products may vary from that shown on images on this website.
- Use of this Website
- How the Seller Uses Your Personal Information
4.1 The Seller will process your personal information for the purposes of performing the Seller’s obligations under the contract and, if you have consented to the Seller doing so during the order process, to give you information about similar products that the Seller provides, but you may stop receiving this at any time by contacting the Seller.
4.2 For further information on how the Seller may use your personal information please refer to the Privacy and Cookies Policy (a copy of which can be accessed by clicking here). Please take the time to read the Privacy and Cookies Policy, as it includes important terms which apply to you.
- How a Contract Is Formed Between You and the Seller
- This website will guide you through the steps you need to take to place an order with the Seller. The order process allows you to check and amend any errors before submitting your order to the Seller. Please take the time to read and check your order at each stage of the order process.
- After you place an order using this website, you will receive an e-mail from the Seller acknowledging that the Seller has received your order. However, please note that this does not mean that your order has been accepted. The Seller’s acceptance of your order will only take place as described in clause 5.3. If you do not receive an acknowledgement email within 24 hours of placing an order, please email the Seller at firstname.lastname@example.org (quoting as much information as possible about your order) and the Seller will endeavour to assist.
- The Seller will confirm the Seller’s acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). Please note that in some circumstances the Seller may need to contact the artist in order to confirm whether the Product you have ordered is still available and the Product will only be dispatched following the Seller’s receipt of the Product or following confirmation from the artist that the artist will deliver the Product directly to you. A contract between you and the Seller will only be formed when the Seller sends you the Dispatch Confirmation. The Seller reserves the right to refuse your order or to restrict the number of Products you may order.
- If the Seller is unable to supply you with any Product, for example because that Product is not in stock or no longer available, because the Seller cannot meet any requested delivery date or because of an error of the nature referred to in clause 9.5 - the Seller will inform you of this by e-mail and will not process your order unless you and the Seller otherwise agree. If you have already paid for the Products subject of that order, the Seller will refund you the full amount (including, where applicable, any delivery costs charged) as soon as possible.
- The website is solely for the promotion of Products in the UK. Unfortunately, the Seller does not accept orders from or deliver to addresses outside the UK.
- The Seller’s Right to Make Changes
- The Seller may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
- Every time you order any Products from the Seller, the Terms in force at the time of your order will apply to the relevant contract between you and the Seller.
- Consumer Rights to Return and Receive a Refund
- For most products bought online you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) to cancel the contract and receive a refund within 14 days without giving any reason.
- Your right to cancel a contract under clause 7.1 does not apply in respect of any Products that are made to your specification or which are clearly personalised.
- You have 14 days after the day you (or someone you nominate) receives the Products to cancel the contract pursuant to clause 7.1, unless your Products are split into several deliveries over different days. In this case you have 14 days after the day you (or someone you nominate) receives the last delivery to cancel the contract.
- If you have a right to cancel your contract with the Seller and wish to exercise that right then you just need to let the Seller know. You can do this by completing and returning the cancellation form at foot of these Website Terms and Conditions to the Seller. A link to the cancellation form will also be included in the Dispatch Confirmation (as defined in clause 5.3 above). If you use this method the Seller will e-mail you following receipt to confirm the Seller has received your cancellation. You can also write to the Seller to cancel using the contact details set out in clause 1.2 above. If you are emailing or writing to the Seller please include details of your order to help the Seller to identify it. If you send your cancellation notice by e-mail or by post, your cancellation is effective from the date you send the e-mail or post the letter to the Seller.
- If you cancel any contract the Seller will:
- refund you the price you paid for the Products subject of the contract subject to the Products being returned in the same condition in which you received them. If the Products are returned in a damaged state the Seller is permitted by law to reduce your refund to reflect any reduction in the value of the Products. If the Seller refunds you the price you paid before the Seller is able to inspect the Products and later discovers you have handled them in an unacceptable way, you must pay the Seller an appropriate amount; and
- refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method offered by the Seller (provided that this is a common and generally acceptable method).
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Products: 14 days after the day on which the Seller receives the Products back from you or, if earlier, the day on which you provide the Seller with evidence that you have sent the Products back to the Seller. For information about how to return Products to the Seller, please see clause 7.8 below;
- if you have not received the Products: 14 days after you inform the Seller of your decision to cancel the relevant contract.
- If you have returned the Products to the Seller under this clause 7 because they are faulty or mis-described, the Seller will refund the price of the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to the Seller.
- The Seller will refund you by the method you used for payment.
- If any Product has been delivered to you before you decide to cancel the contract under which that Product has been delivered:
- you must return the Product to the Seller without undue delay and in any event not later than 14 days after the day on which you let the Seller know that you wish to cancel the relevant contract. The Seller’s return address is Foulrice Farm, Marton in the Forest, York, YO61 1NT.
- unless the Product is faulty or not as described (in such circumstance please see clause 7.6 above), you will be responsible for the cost of returning the Product to the Seller. The Seller recommends returning the Products to the Seller by recorded delivery as you will be responsible for any loss or damage caused to the Products after they have been delivered to you in accordance with clause 8.
- Because you are a consumer, the Seller is under a legal duty to supply Products that are in conformity with the relevant contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- During the order process the Seller will let you know when the Seller will provide the Products to you.
- If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the Seller, or the Seller’s delivery services provider, will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
- If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot the Seller will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite the Seller’s reasonable efforts, the Seller is unable to contact you or re-arrange delivery or collection the Seller may end the contract.
- Occasionally the Seller’s delivery to you may be affected by an Event Outside Our Control. See clause 12 for the Seller’s responsibilities when this happens.
- Delivery under a contract shall be completed when the Seller (or the Seller‘s chosen delivery services provider) delivers the Products subject of the relevant contract to the address you gave the Seller. The Products will be your responsibility from that time. It is important that this address is as accurate and detailed as possible and where necessary you provide the Seller with any specific delivery instructions when placing your order. The Seller does not accept any liability for any loss or damage to the Products once they have been delivered to the delivery address you have specified and/or in accordance with your instructions given when placing your order.
- You own the Products once the Seller has received payment in full for the Products, including all applicable delivery charges.
- Price of Products and Delivery Charges
- The prices of the Products will be as quoted on this website at the time you submit your order and are in pounds sterling. The Seller takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system. However please see clause 9.5 for what happens if the Seller discovers an error in the price of any Products which you have ordered.
- The prices for the Products may change from time to time, but any changes will not affect any order you have already placed.
- The price of each Product includes VAT (where applicable).
- The price of each Product does not include any delivery charges. Delivery charges, where applicable, are as advised to you during the check-out process, before you confirm your order.
- This website contains a large number of Products. It is always possible that, despite the Seller’s efforts, some of the Products on this website may be incorrectly priced. The Seller will normally check prices as part of the dispatch procedures. In the event that the Seller discovers an error in the price of the Products you have ordered (including but not limited to where the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing) the Seller will contact you to inform you of the error and will give you the option of continuing to purchase the relevant Products at the correct price or cancelling your order. The Seller will not process your order until the Seller has your instructions. If the Seller is unable to contact you using the contact details you provided during the order process, the Seller will treat the order as cancelled and notify you in writing.
- How to Pay
- You can pay for Products by credit or debit card. You must pay for any Products (and all applicable delivery charges) in advance of you receiving the relevant Products. The Seller will not charge you until the Seller has dispatched the relevant Products.
- The Seller does not accept liability if delivery of any Products is delayed because you have provided the Seller with incorrect payment details.
- If it is not possible to obtain full payment for any Products using the payment details you have provided, the Seller may reject your order. This does not affect your statutory rights.
- If the Seller fails to comply with these Terms, the Seller is responsible for any loss or damage you suffer that is a foreseeable result of the Seller’s breach of these Terms or the Seller’s negligence, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Seller’s breach or if it was contemplated by you and the Seller at the time you and the Seller entered into the relevant contract.
- The Seller only agrees to supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purpose, and the Seller has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- The Seller does not in any way exclude or limit the Seller’s liability for:
- death or personal injury caused by the Seller’s negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979 or section 17 of the Consumer Rights Act 2015 (title and quiet possession);
- any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 or sections 9 to 11 and 13 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples);
- defective products under the Consumer Protection Act 1987.
- Events Outside Our Control
- The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of the Seller’s obligations under any contract to the extent caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
- An “Event Outside Our Control” means any act or event beyond the Seller’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, postal delays, protests, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, national emergency, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, 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.
- If an Event Outside Our Control takes place which affects the performance of any of the Seller’s obligations under any contract:
- the Seller will contact you as soon as reasonably possible to notify you; and
- the Seller’s obligations under the relevant contract will be suspended and the time for performance of the Seller’s obligations will be extended for the duration of the relevant Event Outside Our Control. Where the Event Outside Our Control affects the Seller’s delivery of Products to you, the Seller will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To do so, please contact the Seller using the contact details in clause 1.2. If you opt to cancel, you will have to return (at the Seller’s cost) any Products you have already received under the relevant contract and the Seller will refund the price you have paid under that contract (including any delivery charges).
- Other Important Terms
- Reference in these Terms, to “in writing” will include e-mail.
- The Seller may transfer the Seller’s rights and obligations under any contract to any third party, but this will not affect your rights or the Seller’s obligations under these Terms.
- You may only transfer your rights or your obligations under a contract to another person if the Seller agrees in writing.
- Each contract is between you and the Seller. No other person shall have any rights to enforce the terms of any contract.
- Each of the clauses set out in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable (whether in whole or in part), the remaining clauses (or the relevant part) will remain in full force and effect.
- If the Seller fails to insist that you perform any of your obligations under these Terms, or if the Seller does not enforce the Seller’s rights against you, or if the Seller delays in doing so, that will not mean that the Seller has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Seller does waive a default by you, the Seller will only do so in writing, and that will not mean that the Seller will automatically waive any later default by you.
- Please note that these Terms are governed by English law. This means each contract for the purchase of Products through this website, and any dispute or claim arising out of or in connection with it will be governed by English law. You and the Seller both agree 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.
The Seller is committed to providing high-quality services to all of its customers. However, the Seller understands that occasionally things can go wrong. If you wish to make a complaint you can do this by writing to the Seller at email@example.com. In addition, please note that disputes may be submitted for online resolution to the Online Dispute Resolution platform, via the following link: http://ec.europa.eu/consumers/odr/.